INTRODUCTION TO LAW LESSON 1-DEFINITION AND CHARACTERISTICS OF LAW

Summary

This commercial law tutorial delves into the definition of law, highlighting its characteristics and the key terms within. It explains that law consists of customs and rules governing human conduct, recognized and enforced by a controlling authority. The tutorial also covers how to define law, emphasizing the importance of including its binding nature by the state and enforceability. Furthermore, it outlines law's characteristics: being a set of rules, governing conduct, created by the state, backed by authority, and carrying punitive measures for violations. The lesson concludes with exam questions to test understanding.

Takeaways

• 📚 Law is defined as the body of customs and rules governing human conduct within a community, which is formally recognized and enforced by a controlling authority.
• 🔍 Key terms in the definition of law include 'customs', which are long-standing practices that become legally binding, and 'governing human conduct', which outlines what is permissible and obligatory within a community.
• 👮‍♂️ The phrase 'enforced' highlights the necessity for laws to be obeyed and the existence of penalties for non-compliance, ensuring order within the community.
• 🏛️ 'Controlling authority' refers to entities such as the police and courts that have the power to enforce laws and maintain social order.
• 📝 When defining law, it's important to include that it consists of rules governing human conduct, is recognized as binding by the state, and is enforceable.
• 📜 Laws are characterized by being a set of rules that create binding and authoritative values and decisions within a state.
• 👥 Laws govern human conduct by clearly stating what actions are allowed and which are prohibited, affecting how individuals interact within society.
• ⚖️ Laws are created and maintained by the state through legislative processes, reflecting the collective will and values of the community.
• 🛡️ The backing of a coercive authority ensures that laws are respected and followed, with law enforcement bodies playing a crucial role in this process.
• 💡 Violation of laws results in prescribed punishments, which are intended to deter criminal behavior and maintain justice.

Q & A

What is the definition of law according to the video script?

Law is defined as the body of customs and rules governing human conduct of a community, which is formally recognized as binding among those persons who constitute that community, and those rules are enforced by a controlling authority in that community.

What are the key terms in the definition of law that the video script emphasizes?

The key terms in the definition of law emphasized in the video script are 'customs', 'governing human conduct', 'enforced', and 'controlling authority'.

How are customs different from laws according to the video script?

Customs are naturally established ways of doing things followed by people in a community over time, whereas laws are purposively established by the state.

What is a customary marriage as mentioned in the script?

A customary marriage is one negotiated, celebrated, and concluded according to indigenous African customs, usually involving the payment of lobola (bride price) and witnessed by two families in a traditional ceremony.

What does the phrase 'governing human conduct' imply in the context of law?

The phrase 'governing human conduct' implies that laws dictate what citizens should and should not do, guiding their actions in accordance with legal rules.

What does the video script mean by 'enforced' in relation to laws?

In the context of the video script, 'enforced' means that laws ensure obedience from citizens and specify punishment for those who fail to comply.

Who or what constitutes the 'controlling authority' in the enforcement of laws?

The 'controlling authority' includes entities such as the police, local authorities, and courts, which are given the power by the government to enforce laws and ensure obedience.

What should be included in a definition of law if one is required to write one, according to the video script?

A definition of law should include points such as bodies of rules governing human conduct, recognition of these rules as binding by the state, and the enforceability of law.

What are the characteristics of law as outlined in the video script?

The characteristics of law include being a set of rules governing human conduct, being created and enforced by the state, backed by a coercive authority, and having prescribed punishments for violations.

How does the video script differentiate between laws and general rules?

The video script differentiates by stating that laws are formal, state-recognized rules with binding authority and enforceable consequences, while general rules may not carry the same level of legal force or enforcement.

What are the exam questions related to the lesson on law as mentioned in the video script?

The exam questions related to the lesson on law are: 'Define law' and 'What are the characteristics of law?'