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If they aren't written, smooth-talkers will be able to talk their way out of punishment while less charismatic people will be punished more severely, and some judges will be far kinder than others warning versus jail term. It is also harder to say "we need to punish domestic crimes more severely" when there is no set rule or punishment.
Simply put, written laws are required to keep the rules and punishments universally fair. Fairness is very important in society, mainly because people expect it from those who are supposed to be governing them.
We will write a custom essay sample on Malaysian Legal of the enactment provides that “save in so far as other provision has been or may hereafter be mada any written law in force in the federated Malay states,the common law of england,and the rules of equity,as administrated in england at the commencement of this Enactment shall be in. The sources of Malaysian law means the legal rules that make the laws in Malaysia, which can be classified into written and unwritten law. Written law is the most important source of law. It refers to the laws contained in the Federal and State Constitutions and in a code or a statute. paterson looking for someone to do report on business plz Write an essay on the written sources of malaysian law Kentucky. in a research paper a note placed at the bottom of the page is a(n.
If people feel something is unfair, they can react rather violently, and it may even split up the society into factions. If you write it down, then people can't lie about it or make mistakes in remembering it.
Generally, writing things down as a part of the lawmaking process gets everyone to understand what the law actually says. There's a story of the five blind men and the elephant.
Each touched the elephant and reported that the elephant was a rope taila tree trunk lega fan eara serpent trunk or a house body. Oral recitations of the law can become like that. Importance of unwritten lawBut, even ofrulesofdecision, thesmallestpart is the result of State action.
Everysort ofprotectionof rights by the State begins with enforcing the payment of compensatorydamages, which in primitive times the injured party sought to recover on his ownauthorityand by his own power. At the moment when the judgment of acourtis substituted for this primitive self-help, there are no rules ofdecisionin existence except those flowing from the verynatureof the social organization.
In other words, they are derived from such sources as the nature of property in the form it assumed directly under the conditions of primitive ownership; also from the nature of those associations which are of so much importance in primitive society, like the clan, the family, the community, the guild; from the customary subject-matters and forms of the most ancient contracts, and the primitive forms of intercourse, which are mostly older than anysort oflegalprotection.
Decisions are first preserved by oral tradition, then written down, collected, commented upon, generalized, and at last codified. Thus arise those peculiar systems of law in the special keeping of lawyers, which are, in many different forms, characteristic of the early times of all the nations of the world.
They arelegal scienceand legal ruleall in one, like the old "jus civile" of the Romans which still lives, unchanged in essentials, in the writings of the classical Roman jurists and the great compilation of Justinian. The decisions, therefore, are not based on the rules of law, but the rules of law are deduced from the decisions.
The law on which the decisions are based is the "jus quod est. Explain the sources of Malaysian Legal System. In different country, there are different types of legal system. Some county practices a the mixture of two or more legal systems which is known as mixed legal system while some country practices only one type of legal systems.
The sources of Malaysian legal system law are from two different laws which are the Written and Unwritten law.
In another word, Written Law refers to the law stated in the Federal Constitutions which is the supreme law of Malaysia and it enshrines the basic or fundamental rights of the individual.
If the total number of members of the legislature and there is two-thirds of majority of it, the Constitution can be change. The Federal Constitution consists of many Articles prepositioning religion of the federation, welfare of the aborigines and other connected subjects.
Besides the Federal Constitution, every state has their own constitution controlling the government of that state which is known as the State Constitution.
The provision comprises the Ruler, the Executive Council, the legislature and other related subjects like the Legislative Assembly, financial provisions, state employees, and amendment of the Constitution.Below is an essay on "Sources Of Written And Unwritten Law In Malaysia" from Anti Essays, your source for research papers, essays, and term paper examples.
The Malaysia law system is divided into two types, written law and unwritten law, also known as common law/5(1). May 29, · Malaysian law is derived from both written and unwritten sources.
Written law refers to the law that is contained in a formal document and which has been passed by a person or body that is authorised to do so. We will write a custom essay sample on Malaysian Legal of the enactment provides that “save in so far as other provision has been or may hereafter be mada any written law in force in the federated Malay states,the common law of england,and the rules of equity,as administrated in england at the commencement of this Enactment shall be in.
Sources of Malaysian legal system Essay. The word ‘source’ has several meanings which includes historical sources and legal sources - Sources of Malaysian legal system Essay introduction. A historical source is the factor that has influenced the development of .
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