ATGB 1313 INTRODUCTION TO LAW

1.0 Introduction
Law is a set of rules that guides our conduct in society. Our relations with one another are governed
by many rules of conduct. Law is a body of official rules and regulations which are developed and
enforced by the government to deal with crime business, arrangements and social relationships. Generally
law found in constitutions, legislation, judicial opinions, that is used to govern a society and to control the
behavior of members. Beside, in the Oxford English Dictionary, law is defined as the body of enacted or
customary rules recognized by a community as binding. In other words, law consists of the rules
recognized and acted on by courts of justice. In short, law may be defined as a body or rules which are
enforced by the state. Generally law influence our lives affecting almost everything we do. Most of the
time law fits comfortably into our live and conduct.
We need law because laws are very important for human beings to live a dignified and secured
lifestyle. Laws provide us a sense of security. Laws will identify those people who do not work for the
common good. Murderers, thieves, and others with no moral code to live by must have certain deterrents
to keep them from harming others. If we did not have laws, the society at large could not function due to
differences in local customs. One tribe of people might have no restrictions on killing other people. If
such a person came to another tribal area, this would cause massive problems between himself and the
other tribe. All laws were, at one time, customs agreed upon by people of a tribal group. Laws serve the
greater good of most people.
Law is based on the concept of fault. In example: passing of sentences in criminal cases and award
of damages in civil cases. The purpose of law as well as what exactly deems something lawful. In general
law is said to have four different functions:
1) To govern and regulate the conduct of the people and organizations in a community society or nation.
2) To protect and preserve the safety and well-being of the society from those who would threaten it.
3) To punish the guilty with aims of retribution, deterrence and rehabilitation.
4) To strike a true balance in the scale of justice.
The law of Malaysia is mainly based on the common law legal system. This was a direct result of
the colonization of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to
1960s. The supreme law of the land the Constitution of Malaysia sets out the legal framework and rights
of Malaysian citizens. Federal laws enacted by the Parliament of Malaysia apply throughout the country.
PREPARED BY: WONG HUI YAN (13WTD01602)

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ATGB 1313 INTRODUCTION TO LAW

There are also state laws enacted by the State Legislative Assemblies which applies in the particular state.
The constitution of Malaysia also provides for a unique dual justice system the secular laws (criminal and
civil) and Islamic laws.
The source of Malaysia law can be classified into written law, unwritten law, Muslim Law. Written
laws are laws which have been enacted in the constitution or in legislations. Unwritten laws are laws
which are not contained in any statutes and can be found in case decisions. This is known as the common
law or case law. In situations where there is no law governing a particular circumstance, Malaysian case
law may apply. If there is no Malaysian case law, English case law can be applied. Beside that, written
law is the law written and gazette to be followed by the individuals of a State, it is made up of :- Federal
constitution, State constitution, Legislations, and Subsidiary legislations. Unwritten laws are laws that are
not enacted and not found in any constitution. It comprises of English law (Common Law and Equity),
judicial decisions and customs.

PREPARED BY: WONG HUI YAN (13WTD01602)

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