The rule of law It has jurisdictions with regarding several matters as follows. As a result, a lot of attention is paid to indexes that attempt to chart how far countries around the world respect such things as the rule of law and private property rights. They are: High Court has original criminal jurisdiction. We keep ourselves away from all these things, by … The power to make a difference through law You may have a strong sense of justice and wish to improve the defects in the system. Information source: LWU1161 © 2001 Open University of Sri Lanka. Procedural Law establishes the rules under which the substantive laws are enforced. Even though their view was correct according to their feeling, it is not correct as a whole. A community made up of people who bear no ill-will to anyone else and are simply concerned to pursue their own self-interest needs law because there are situations where if everyone pursues their own self-interest, everyone will be worse off than they would have been if they acted differently. It was thought even from classical times that law performed a fourth function – that of encouraging and helping people to do the right thing. It has jurisdiction to. If the whole society would get such knowledge, the society can be a better and more beautiful place where each and every person can live with peace, happiness and security without any conflicts. (This is the reverse of the, As every family knows, in any community there will always be disputes over who should have what of a limited number of resources. By continuing to use our site, you are agreeing to our, Jurisdictions with regard to Election Petitions, Jurisdictions relating to Parliamentary Privileges. The object of this section is to provide a gateway through which you can explore on the Internet in greater detail exactly why law is such an importance force in our civilisation. The functions of law Law can be said to perform four different functions, each of which is of huge importance to our welfare. If we make a chart according to the jurisdiction of different Courts in Sri Lanka, it can be shown as follows. Issue Certiorari, Prohibition and Procedendo, Mandamus, Habeas corpus and Quo warranto writs. Let us simply talk about the jurisdictions with regards of several courts. Jurisdiction over the persons and estates of persons of unsound mind and appointment of guardians, Care and custody of the persons and estates of all idiots and persons of unsound of mind, Appoints administrators regarding testamentary actions, Offences relating to Navy, Army and Air Force, Offences by or relating to public servants, Jurisdiction to inquire into cases sudden or accidental death, Claims which does not exceed one thousand five hundred rupees, Jurisdiction in relation to the enforcement of by laws of local authorities. Certainly, there are many ways to classify the law. Supreme Court is the highest and final court in Sri Lanka. Without a social order or a system of rules or codes of conduct to control them, such societies would find it difficult to maintain the society and they would gradually break up. They are as follows. In here I would like to talk about the court system of Sri Lanka specially. If the whole society would get such knowledge, the society can be a better and more beautiful place where each and every person can live with peace, happiness and … When a person hears the word " Legal Education", a picture which is framed in his mind of lawyer or a law student or court or similar to all these. (ii) granting people rights and encouraging them to exercise them, thereby fostering a damaging culture of complaint and compensation culture that alienates people from each other, and discourages people from helping other people for fear that doing so might result in their being sued. 2 of 1978. According to the third classification, Substantive Law deals with the substance of the law. “Law” does not operate in a vacuum and it has no life independent of the human society where it functions. So, all of those perceptions are at least partially accurate but do not depict the real picture of law, where we observe the above idea in defining law in general.​Now, let us first see what the classifications of law are. Actually, it is so important to have an understanding about the relationship between law and society with its classifications comparisons and contrasts as well as the powers of courts, even to a civil person in his/her day to day life. I have read and agree to the terms & conditions. (1) Defending us from evil The first and most basic function of law is to defend us from evil – that is, those who would seek to harm us for no good reason. Whether or not law has a role to play in encouraging us to do the right thing, no one doubts the continuing importance of law in performing the first three functions set out above. Chapter 1 of the third edition of Letters to a Law Student deals with the question of why anyone would want to study Law, and in the course of so doing defends the importance of law, and by extension the work that lawyers do. The law is important because it acts as a guideline as to what is accepted in society. The distinction between Criminal and Civil Law does not depend on the nature of the wrongful act since the same act may give rise to both of them. Without it there would be conflicts between social groups and communities. Fortunately, I got to know about Nerdynaut from one of my friends and it made me interested in writing something to the society worthwhile. For examples of such indexes, see World Justice Project and International Property Rights. The courts are entrusted with the task administration of justice. Others take this point further and argue that in the wrong hands, law can become an instrument of evil, a means by which a country’s rulers can rob people of their property and oppress minorities. It’s a good opportunity for everyone to share their knowledge internationally. Jurisdiction in respect of all prosecution on indictment. It is very necessary for every person to have certain knowledge of Law, otherwise it would become very difficult for him to tackle several problems, from consumer protection to fundamental rights. Law can be said to perform four different functions, each of which is of huge importance to our welfare. So, I decided in writing about some Law aspects since I felt that it would be better for everyone as each and every citizen has their own duty to know about Law in their day to day life. It declares the applicability of different fields of law. Having said all that, it should be acknowledged that numerous criticisms are made of the benefits that are supposed to flow from the existence of law, and the observance of the rule of law. One of the reasons it is so important for business students to learn and understand the law is that there are many types of laws that impact the various business sectors in many different ways. All Rights Reserved. In that social order, legal order is one element and it has the following basic functions. Thus it can be said that the social order is a pre-condition for every society. By this simple introduction, it is expected to give a general knowledge of the governing law and its structure in Sri Lanka, illustrating why it is so important to a citizen of knowing these matters. I invite all of you to join Nerdynaut to experience the power of knowledge. Jurisdiction to try offences of piracy committed by any person on the high seas or any offences committed by any person on the high seas or any offences committed by the Sri Lankan citizens anywhere outside Sri Lanka. I really like writing but I have a busy academic life and self-employed work. That’s why it is useful to civil people to know about the general law, of his/her own country and then internationally. A good starting point for students interested in joining that debate would be Michael Sandel’s Harvard lectures on ‘Justice’, which are available, Jack Bauer of the American TV series ‘24’. So, let us see some of the differences in between Criminal and Civil Law. Law is needed to resolve these disputes, as exemplified by the famous story of the. For example, All legal systems do harm of one kind or another. The jurisdiction is the authority of a court to hear and determine the case brought before it. As the same, it has the writ jurisdiction, several writs can be issued by this court. (3) Resolving disputes over limited resources, (4) Encouraging people to do the right thing. See for example, this World Bank website, or this United Nations website, or this website maintained by the American Bar Association, or this essay on the importance of observance of property rights and the rule of law to a country’s development. It is also argued that even if law is not actually used as an instrument of evil, it can become its accomplice by doing such things as: For example, some point out that the fact that a society respects the importance of the rule of law and private property rights is no guarantee that that society will be particularly just (or even that wealthy). It can be shown by many examples to show that man acts according to a social order from the dawn of human civilization. The Court of Appeal has appellate jurisdiction for the correction of all errors: fact or in law committed by any High Court, District Court, Primary Court or tribunals or other institutions.

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