Definition of the Law The law is the body of rules which govern and regulate the social conduct of people or formally recognized as binding and enforced.

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Presentation transcript:

Definition of the Law The law is the body of rules which govern and regulate the social conduct of people or formally recognized as binding and enforced by a controlling authority. Law is the system of rules a society sets to maintain orders and protect harm to persons and property.

Characteristics of the rule of Law 1-The rules must regulate the human conduct in the society. 2-The rules must be general & abstract. 3-Enforced by controlling authority. (punishment, sanction, penalty)

Rules: a statement that tells you what is or is not allowed to do. Regulations: an official rule or law that says how something should be done.

Purposes and Functions of Law The law serves many purposes and functions in society. The below are six main purposes and functions: 1- Protecting basic human rights (Liberties and Rights) 2- Helping resolve conflicts (disputes). 3-Promoting order and stability . 4-Promoting desirable social and economic behavior . 5-Representing the will of the majority 6-Protecting the rights of minorities .

Sources of Law The most important sources of law: We can determine the important sources of law generally as follows: 1- Religion. 2- Custom. 3- Equity. 4- Judicial Decision. 5- Juristic Opinions. 6- Legislation.

The sources of the Iraqi Law according to the 1st Article of the Iraqi Civil Law No. 40, 1951 states on: 1- ‘Authoritative’ sources of Iraqi law represented by Legislation, Customs, Religion, as represented by Islamic law and equity. 2- ‘Interpretative’ sources represented by judicial decisions and juristic opinions.