To understand and appreciate the role law plays in the society Understand the

To understand and appreciate the role law plays in

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To understand and appreciate the role law plays in the society. Understand the source and origin of uses laws (Kenya). What this unit is about. This unit introduces the learner to the basic concepts of business law 1. It discusses the definition of law, the nature of law and its functions. It also discusses why the society needs law and how this law applies to the business transactions. The unit also discusses the sources of law. Introduction. This lesson will introduce the learner to the nature, purpose and kinds of law. It will also discuss the characteristics of law, purpose of law and classification of law. Objectives By the end of this lesson, you should be able to: - Define business and business law. Understand the importance of studying business law. Understand the characteristics of law. Lesson Activity Ref: NATURE, PURPOSE AND KINDS OF LAW. Definition: - The term law is used in various forms. There is however, no generally acceptable definition of the word "law". Different schools of thoughts and 4
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different personalities have tried to define law in different ways, below are some definitions we shall consider. i) A law is a rule of conduct imposed and enforced by the Sovereign State (AUSTIN). ii) Law in its most general and comprehensive sense signifies a rule of action and is applied indiscriminately to all kinds of actions whether animate or inanimate, rational or irrational. (BLACKSTONE) iii) Law is the body of principles recognized and applied by the state in the administration of justice. (SALMOND) iv) Law is a rule of external human action enforced by the sovereign political authority. (HOLLAND) v) Law is the portion of the established habit and thought of mankind, which has gained distinct and formal recognition in the shape of uniform rules backed by the authority and power of the Government. (WOODROW WILSON) An analysis of the above definitions reveals the following essential characteristics of law. Characteristics of law a) Law relates to external an internal actions of human beings - which are harmful. It does not regard harmless external actions. b) Law is enforced by the sovereign political authority - the law must be enforced otherwise there would be anarchy. The body enforcing law must be sovereign body i.e. it should not be under political, or social pressure. It must be free to enforce law with the sole objective of delivering justice. The law enforcing body is the courts. They do so by interpreting and enforcing law. c) Rule of conduct or action is necessary for peaceful living, progress and developments. The purpose of law is order, the result of order is that one is able to look forward to full enjoyment of his property and basic rights in regards to the others. The law hence must be supreme and applicable to all without fear and favor.
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