Malaysia Have The Mixed Legal System Which Includes The Common Law Writing Sample

There are 2 sorts of law in Malaysia. It often classified into public and private law. First at all Public law is concerned with any matter which involves the relations of citizens with the state or government and between states themselves and it only applies to the areas that affect with the state and its relationship with others are criminal law, constitutional law, administrative law and international law. Criminal law deals with crimes while constitutional law covers matters involving the rights of citizens as guaranteed under the Federal Constitution. Another one is Private Law or also called Civil law, it’s concerned with the rights and liabilities of individual parties or citizens among themselves. The Areas of this law is applied to the law of contract, law of torts or civil wrongs, family law and law of property. In some instances, an act can produce to both a criminal offense and a tort. For instance, in an accident, the victim will lodge a police report on the accident. The one that caused the accident could also be prosecuted for dangerous driving, which may be a criminal offence if he caused the victim to suffer injuries or maybe the death of anyone involved within the accident. Furthermore, the victim also can sue the wrongdoer under the tort of negligence for causing damage to his car and claim damages in compensation.

Malaysia have the mixed legal system which includes the Common Law, Islamic law and Native Law. Malaysia’s system comprises laws which have arisen from three significant periods in Malaysian history dating from the Malacca Sultanate, to the spread of Islam to Southeast Asia, and following the absorption into the indigenous culture of British colonial rule which introduced a constitutional government and the common law. Malaysia’s unique legal system is designed to balance the delicate racial and religious needs of its heterogeneous people. The Malaysian system law are often classified into two categories which is that the “Written Law” and “Unwritten Law”.

Written laws are laws that are contained in formal instruments such as Constitutions, Legislation and subsidiary or delegated legislation. The primary source of written law in the country is the Federal Constitution. State Constitutions and subsidiary or delegated legislation are also sources of written law in Malaysia. First is Federal Constitution being with a Constitution can be described as the backbone of a country’s legal system. It is the framework from which laws are made. A Constitution does a number of things, including: It establishes the form of Government, it details the power to make laws, it divides power between the State and Federal Governments and It separates powers between different bodies. Second is the most common source of laws today that is Legislation. It refers to Statutes or Acts they are made or enacted by Parliament as the law-making body. Legislation also can call enactments or ordinances. Enactments refer to those laws enacted by the State legislative assembly as the law-making body whereas, ordinances refer to those laws made prior Independence Day in 1957. Lastly is Subsidiary legislation or delegated legislation that refers to a law made or passed by a body or agency other than the Parliament or state legislative assembly example Ministers, statutory bodies, district councils and each other. It also can be defined in Interpretation Act 1967 to include any proclamation, rule, regulation order, notification or other instrument made under any Act, Enactment or Ordinance and having legislative effect.

The unwritten sources of law refer to laws which are not created by Parliament or found in the constitution. Thus, such laws may be in writing but are not enacted by the legislature. There are 2 Law is under the unwritten Law. First is Judicial decisions by the highest court, means that the judge made laws or common law. Second is English law, the principles of English law so far as they were suitable to local conditions. Other law is Islamic laws /Syariah and this law is only applicable to Muslims or other situation example a non-Muslims can be force to marry a Muslims and they need to convert into Muslim. In normal cases a non-Muslim cannot challenges Muslims right or questioning them. Another law is Native Law. This is Law only applicable in Sabah, Sarawak, at the West of Malaysia.

The application of judicial precedent will affect the society at large because judicial precedent can be defined as a judgment of a court of law, cited as an authority for deciding an identical set of facts during a similar case. a choice of the court is employed as a source for future decision because, while giving judgment during a case, the judge having began the facts of the case, will state the laws applicable to the facts and supply his decision on the case. Such decision given by the judge of a better court, which remains binding on all other courts below and accepted as binding on such courts below, shall become authority for future similar decision and be considered judicial precedent. Judicial precedent which is additionally referred to as Stare Decisis, means to face by what has been decided during a case in court or to face by earlier decision made in court by judges. Further, judicial precedent is often defined as a judgment that’s binding on lower courts or other equal courts of an equivalent jurisdiction, with regards to its conclusion on some extent of law and should also, be persuasive to courts of equal and other jurisdiction in future cases involving sufficient similar facts.

The Common Law And Civil Law Traditions

The purpose of this document is to clarify the benefits of codified law in a legal system. The article reveals historical secrets about the origin of the codification of laws. codification is a process that sets out laws in code. laws that are codified are contained in codes and they are easily distributed among people, therefore codes become known to all citizens of countries. Codified law is considered one of the specific features of civil law. Civil law is codified under the Corpus Iuris Civilis of Justinian; in addition, classical Roman law is the main source of inspiration for civil law. Civil law is common in most countries of continental Europe and many other countries in the world. In many countries, civil codes were codified in the nineteenth and twentieth century; for example, French civil code in 1804, Austrian in 1811, Italian in 1942. (Pejovic, 2001)

Civil law of countries consists of comprehensive codes that define all issues. Based on this, different procedures or offenses that may be brought to court will be determined and punished in accordance with certain laws. During a court case, to apply acceptable laws and establish facts is the role of a judge in the civil law system. In spite of the fact that the judge determines the charges, investigates the case and makes decisions on this, he will work without leaving the framework; in other words, the judge will observe comprehensive codification laws ( The common law and civil law traditions, no date).

In addition, another of the advantages in codified civil law is that it has simplicity. The simplicity of laws is not that every code is written in simple words; it is that the meaning is clear to everyone. In a codified law, each part and specific paragraphs becomes simple and accessible to all residents of countries. Weiss denounces in his words the opinions of the simplicity of a codified law in Continental Europe. Simplicity in law was appointed in order that people who were not experts in legal relations could understand, use and know their legal codes (Haile, 2012). Subsequently, Bentham also explains the meaning of simplicity in codified laws in his quote: “for the concept of codes, specific explanations will not be required. The concept of codes will be spoken about the understandable language which people are used to. Each one can use discretion and convenience. They will differ from their own simplicity and clarity from other books (Weisst, no date).

Moreover, uniformity and wider application is included as another advantage in codified law. What is distributed in history is that, codification was one of the means in the implementation of unification. Codification served to unify legal and political systems in the sources of heterogeneous rights. Because when Haile Sellassie was emperors, the main sources of government were considered traditions and customs of different religious and ethnic groups. These different administrations were a problem to govern and unite the country; besides this, the same situation was in Ethiopia because there also existed groups of different nations. The emperor’s goal was to create a modern country where the sources of control will be unified. Codified unification was created in order to develop the country and create unity of relations among people from different nations (Haile, 2012). Sequentially, the Napoleon Code was aimed at abolishing the privileges of the clergy and the nobility between citizens and establishing equality. Furthermore, the second goal of codification unity was the development of the country’s economy. The interconnection of relations between different nations has led to the development of trade. In the Reichstag in 1867, the German politician Johannes von Mikel clearly stated about codified unity: “legal unity is one of the conditions of a nation-state” (Smits, no date). Nowadays codified civil laws although exist in many countries, but they are not considered homogeneous. Despite this, they still have specific functions that unite them (Pejovic, 2001).

Morals, Ethics, Laws And Religion

Numerous individuals see ethical quality as proof for extraordinary intercession in human improvement. In each significant religion, an awesome impact is proposed as motivation for writings that direct ethical standards. It is of fundamental significance that one comprehend the causes of ethical leanings (Johnson, 2017). The equity of this framework is gotten from one’s decisions on profound quality, and the activities of the individuals who veer off from good standards must be seen once the foundation of one’s worthy conduct is outlined (Davis, 2016). Morals, ethics, laws and religion can govern the way people act in certain situations (Johnson, 2017). All are extremely hard to characterize and the one connects with and challenges the others in all social orders. As it were, the customs or sources of a people’s behavioral qualities are established in the overall or conventional by these qualities individually or collectively. This paper will attempt to explore the similarities and difference and how they inform the type of behavior one exhibits. Background Morals are a lot of norms that administer the direct of one’s behavior and values, particularly an individua’s association, influences, background, etc.

Law pursues the manages of a society or people, which are recorded and deciphered by the courts. However, laws can change over time. These progressions are consulted inside political and lawful frameworks. Ethics are worried about, or originate from, an unwritten code of conduct concerning what’s privilege or satisfactory in a specific culture. Generally, ethics and morals have been the exceptional area of religion and social gatherings. Some say that the three offer consistent themes – in any case, then again some conviction that they are totally extraordinary. The distinctions, likenesses, and the effects on human conduct varies from person to person. Activity or behavior itself has no natural moral, legitimate or moral part. It is simply development or influenced as one journeys throughout life. Action or behavior can be inspired by moral, ethics, law, or religion.

They can be viewed as good or bad. Take fighting out of anger for example, regardless of whether one’s plan is to hit you or hurt you, the moral and good So when settling on a decision to act, that decision depends on religious or moral or ethical or legal contemplations. Truly, the decision has suggestions in the impact the way that you think but also how you chose to act or react. By indistinguishable token from we find in the prophets of the Jewish convention, the ethics of the network get their authenticity from the morals of the overall religion. (Davis, 2016). So as changes wind up important in the general public, weight is conveyed to hold up under upon the safeguards of the religious customs to impact changes in the religious standpoint or philosophical structure that will make the religious practices and the predominant social standards perfect with one another (Davis, 2016). Similarities In this manner, while morals, ethics, and religion can be talked about and bantered on a wide range of levels – take note of that they do share repeating themes. They all include some significant downfalls to conduct change, buy in a ‘method for live’ or impacts the kind of choices one makes.

They additionally help to shape and build up one’s personality. Personalities are somewhat more than social jobs upheld by a person’s inclination – they are the windows or eyes that one oversees the world (Latterell & Witte, 2015). Identity development has a long relationship with religion, morals, ethics can be seen with different common threads. In addition, from the way that a religion exists it doesn’t pursue that the comparing god exists too. Along these lines, in our exchange, we will keep God and religion isolated. The similitudes among religious conviction, law, ethics and morals begin from their normal job in endeavoring to influence individuals to carry on in certain ways. They by and large offer formal direction to individuals in how to lead their issues. Religious convictions can come from individual disclosures or from existing tenets, and frequently give strict guidelines of conduct. Laws are political instruments of government, and furthermore will in general be genuinely inflexible. Ethics are choices of good and bad, while morals are strategies to land at ethics, and both of these likewise offer principles for human conduct. In this way the similitudes among them all are in their giving tenets to individuals to pursue, as parts of human establishments. It is imperative that it be comprehended at the plain beginning that religion and profound quality are firmly related, however in no way, shape or form one and a similar thing (Edgell & Hull, 2017).

Differences While there are many similarities there are also differences. On the off chance that a man is distant from everyone else on some left island would whatever individual did be moral or corrupt? That individual may do things that expansion or decline the shot for survival or save yet would those demonstrations be moral or indecent. There are numerous refinements among morals and laws. Initially, morals originate from individuals’ familiarity with what is correct and what isn’t right while laws are composed and endorsed by governments the greater part of what we are worried about in ethics is identified with the circumstance in which people are living with others. People are social creatures. Society adds to making people what they are. For people there emerges the subject of how people are to carry on toward each other. Morals are tenets of lead. Laws are rules created by governments to give balance in the public arena and assurance to its natives (Walsh, 2014). Morals originates from individuals’ attention to what is good and bad. Laws are upheld by governments to its kin. Morals are ethical codes which everyone must adjust to. Laws are codifications of intended to manage society from a reprimand point of view. Morals does not convey any discipline to any individual who abuses it.

The law will rebuff any individual who happens to disregard it. Morals originates from inside a person’s ethical qualities. Religion influence morals as a core value – however, different from law – they do not have any real word consequences (Himma, 2014). However, laws can if they align with religion standards or rules. Conclusion While morals, law, ethics, and religion have common themes – I personally think that they share the same foundation which is “order.” As research indicates there can be threads of similarities found through one’s ethics, moral values, religion, and experiences with the law. Religious gives people the ability to connect with higher being and ultimately influences or directs their walks in life. Morals and laws and firmly related since laws speak to least moral practices of individuals; yet they are from numerous perspectives. Morals gives individuals rules on the best way to conduct so as to make a serene society; yet laws bring out confinements through discipline. All in all, these three entities characterize how individuals should conduct themselves in some way, shape or fashion. There are numerous reasons why the connection among religion, ethics, morals, and law are deemed similar. Like a food or nurturement – these entities filled a need – whether it is safety, accountability, purpose – the list goes on and on. and it even left an enduring impression on the blueprints of our minds – so much so that we have given these systems permission to govern how we operate.

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