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Chapter 1Introduction to LawSubmit to : Aj. Prapaporn Rojsiriruch

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ubi sociatus, ibi jus. (Where there is a society, there is law)

Law is a body of rules created by the state and enforced by the authority of the state though the use of sanction.

The Relation Between Law and Other RulesLaw and ReligionThe difference between law and religion.

ReligionLawTeaching of religion leader.Regulate by state.Enforce both mind and external.Enforce only external behavior.No immediate sanction.Definitive and immediate sanction in case of violation.

The similarity of law and religion.Conduct the behaviors of human.The violators attain negative effects.

The Relation Between Law and Other Rules

Law and MoralThe difference between law and moral.

The Relation Between Law and Other RulesMoralLawInner feeling.Regulate by state.Effects the inside.Effect the external.Aims for better human being to be completed as a whole.Maintain public order.Mental punishment.Physical or financial penalty.

The similarity of law and moral.They specify what must or should be done.Violation of moral can be the violation of law.

The Relation Between Law and Other Rules

Law and TraditionThe difference between law and tradition.

The Relation Between Law and Other RulesTraditionLawGiven by a specific group or people.Regulate by state.Govern all aspects of living.Enforce only certain parts of behavior.Social reprimand or scolding.Punished according to the stipulate penalties.

The similarity of law and tradition.Both direct the external or outer behavior of human being.

The Relation Between Law and Other Rules

Definition of LawThere are 2 most-widely-recognized schools of thought. School of Natural Law School of Positive Law

School of Natural Law Since Greek-Roman era. Famous philosophers in this school such as Socrates, Plato, Aristotle, Cicero and St. Thomas Aquinas.

Position: Law exists naturally. Law cannot be created by man. The law originated naturally from God and from humans conscience and moral. NO LAW CAN BE UNJUST.

School of Natural Law

School of Positive Law influenced by British philosophers.Well known philosophers are Thomas Hobbs and John Austin. Position: The law can be created by Sovereign.

Those who violates the law shall be punished. Thailand has been affected and influenced by the School of Positive law

School of Positive Law

Characteristic of Law1. Order/rule or regulation2.Order of the Sovereign

Order/rule or regulation = The expression or declaration of one person with power to control or command other person. Sovereign means the person or organization that is in possession of supreme authority to administer the state at a certain time.

Characteristic of Law3.Comprehensively enforced4.Legal sanction Civil SanctionCriminal Sanction- Debt performance- Compensation- Damages- Penalty Execution Imprisonment Detention Fine Forfeiture of property

Evolution and Sources of LawIn this topic, sources of Thai and international Legal Systems will be discussed in order to understand and appreciate the development and existence of the present law.

Main Legal SystemsFour main legal systems of the world1.Civil law systems*2.Common law systems*3.Socialist law system4.Religious and traditional law system

Civil law systemsCodification system.The law is written and codified into written law or statute.influenced by Roman Law. Holy Roman Empire.Emperor Justinian and Corpus Juris Civilis.This system sometimes called Romano-Germanic system.

Gone with the fall of Rome. Revived during Napoleons reign. Very influential in Europe, Africa and Asia.Civil law systems

Common law systemsSystem governed by precedents and equity.Rooted in England (Britain).Anglo-Saxon System synonyms. The Anglo-Saxon developed their laws from local and ancient tribal traditions.King Norman occupied England. Local courts followed local customs.

Common law systems Established the Kings court. Judges traveling around the country to decide cases and promote uniformity.Jury system was created to decide factual issues.

*Factual issues decided by Jury*Legal issues decided by Judge

Common law systemsAchieve uniformity though precedent and equity. Precedent. Judge-made law. Court decisions form the main source of law. Ratio decidendi(i.e. necessary part) of previous decision obliged judges to decide future cases with the same factual.

Common law systems Equity. Precedent alone is not enough. E.g. compensation for breach of contact or wrongful act. The principle of equity was established to fill the gap of law where there are no precedents.

Civil Law systemCommon Law systemSource- Written Law- Codification- Unwritten LawPrecedentsEquityProcedure Judges decide both factual and legal issues without jury-Judged decide legal issues-Jury decides factual issuesApplicationRefer to the Codes and other written lawsDoctrine of precedentsEquity principleLegal EducationBase on Codes, text book and treatiesBase on judgments and court decisionsComparison of major legal systems

Classification of lawIn order to categorize some gathering, it needs to have the definite standard to be used as the criteria. There are many criteria to be used as the classifying tools. These are two most well known criterions. 1. Content of law 2. Relation of the parties concerned

Classification by the content of law1.Substantive Law Substantive law is the body of law that enforces the human behavior directly.

Classification by the content of law2.Procedural LawProcedural law is not the law that governs the general behavior of people in the society like substantive law. On the other hand, it is the regulation primarily prescribes about the procedures in the court or judicial trial, from the commencement of the case to the execution procedure after having the judgement.

Classification by the relation of the concerned partiesNow, we are focusing on the involving parties or subjects of the relationship. 1. If the dispute happened among private people, it is the juristic relation governed under Private Law.2. If it happened between people and the State, the Public Law is applied.3. If there is the relationship among States, the International Law is applied to these juristic relations.

1. Private LawPrivate Law can be subdivided into:Civil Law concerns with the personal status, the capability of person, juristic act, property law, family matters and successions.Commercial Law is law governing commerce. It lays down rules about buying, selling, lending, mortgaging, pledging, suretyship, companies etc.Civil Procedural Law

2. Public LawPublic deals with the relation between the citizen as the individuals and the state as the ruler. There are some important areas in public law:Constitution Administrative LawCriminal LawLaw on Organization of the Court of Justice

3. International LawInternational law is the rules and regulation that control the relationship in the international community. When one country violates international law causing injury to another country, the other country may protest and in serious cases may bring the case to the international Court of Justice.

Sources of international law1. Treaties, conventions or international agreements2. International Customary law3. General principles of international law4. Writing of the jurists or publicists