Chapter one: General Introduction

Definition of law
It is so elusive that it is actually difficult to coin one
objective (universal or conventional) definition to it.
Black’s law dictionary: - it is a body of rules of action or
conduct prescribed by controlling authority, having
binding legal force.
That must be obeyed and followed by citizen’s subject at
sanctions or legal consequences is a law.
Law consists of rules of action or conduct. These rules
are issued by an authority.
They have binding force and are obeyed and followed
by citizens.

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 Theories in defining law
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1. Natural Law Theory: law is a rule of conduct made

by the supernatural forces to govern the people. E.g.
Greek philosophers
2. Positive law theory: law is the command of the
sovereign and backed by sanction. Law originates from
the state.
3. The Realist Theory: law is the prophecies
(prediction) of what the courts will do in fact.
4. Sociological Theory: law is neither what is written
on the paper nor what is decided by the court, rather it
is the one actually practiced by the society. It gives
emphasis to the custom of the society.

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 Basic Features (characteristics) of the
Law
a. Generality
Law is a general rule of human conduct. Rules and
regulations that constitute the law of a country are
general statements of possible human behavior.
Laws do not specify the names of specific persons or
behaviors.
Laws do not deal with a particular person or they are not
meant to regulate the behavior of a particular person.
They are general because they are usually designed to
apply for indefinite period of time for the future.
Generality is both in terms of individuals governed and
in terms of the social behavior controlled.

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 Cont.…
4

 Illustrations:
 1. “Everyone has the right to life, liberty and the security of a
person.” (Art 3 UDHR).
 2. “Every person has the inviolable and inalienable right to
life, the security of person and liberty.” (Article 14 of the
FDRE Constitution).
 3. “Every Ethiopian national, without any discrimination
based on color, race, nation, nationality, sex, status, has the
following rights… (b) On attainment of 18 years of age, to vote
in accordance with the law.” (Article 38(1) (b) of the FDRE
Constitution).

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  4. “The term of office of the presidents shall be six years. No
person shall be selected president for more than two terms.”
[Article 70(4) of the FDRE Cons.]
Cont.…
5

Generality of the subject of the law may serve two

purposes.
Firstly, it promotes uniformity and equality before the
law because any person falling under the group
governed by the law will be equally treated under the
same law.
Secondly, it gives relative permanence to the law.
Since it does not specify the names of the persons
governed, the same law governs any person that falls in
the subject on whom the law is made to be applicable.
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 There is no need to change the law when individuals
leave the group.
b. Normativity
 A statement of the law is not a mere description of things or
facts. Law does not simply describe or explain the human
conduct it is made to control.
 It is created with the intention to create some norms in the
society. Law creates norms by allowing, ordering or
prohibiting the social behavior. It is prescriptive rather than
descriptive.
 It is interested in stating what ought to be done or what must
not be done in the future.
 It is interested in shaping human behavior.
 The law describes a certain human behavior (such as theft or
adultery) and takes position towards that behavior. In doing

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 so it is shaping the way how individuals in society should act
or behave.
7

 Based on this feature, law can be classified as permissive,

directive, prohibitive and rewarding.
 i. Permissive Law
 Permissive laws allow or permit their subjects to do the act
they provide. They give right or option to their subjects
whether to act or not to act.
 Illustrations:
 1. “Every person is free to think and to express his idea.”
(Article 14 of the 1960 Civil Code of Ethiopia).
 2. “Accused persons have the right to be informed with
sufficient particulars of charge brought against them and
to be given the charge in writing.” (Article 20(2) of the

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 1995 Constitution of the Federal Democratic Republic of
Ethiopia).
8

 ii. Directive law: it orders, directs or commands the subject

to do the act provided in the law.
 Obedience to such laws is not optional. Therefore, the subject has
legal duty to do it whether he likes it or not otherwise, there
is a negative consequence that s/he incurs.
 Illustrations:

1. “The debtor shall personally carry out his obligations

under the contract where this is essential to the
creditor or has been expressly agreed.” (article 1740 (1)
of the Civil Code)

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 2. “Every worker have obligations to perform in person the
work specified in the employment contract.”
iii. Prohibitive law
Prohibitive laws discourage the subject from doing
the act required not to be done. If the subject does
the act against the prohibition, a sanction follows as
the consequence of the violation.
Illustrations:
1. “Any unmarried person who marries another he
knows to be tied by the bond of an existing
marriage is punishable with simple imprisonment.”
(Article 650(2) of the 2004 Criminal Code).
2. “No one may enter the domicile of another against the will of
such person; neither may a search be effected there in,
except in the case provided by law.”(Civil Code Art 13].
10

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 iv. Rewarding Legal Norms (rules)
This are the kind of legal rules, which usually
exempt from observing the mandatory prohibitive or
permissive norms or entitle a person to receive some
benefits in turn for the usual activity that an individual
performed.
Illustration
“where a person provides information of tax evasion
through concealment, under reporting, fraud or any
other improper means , the informer shall be granted up
to twenty percent of the amount of the tax evaded at the
time of the collection of the said tax”.
c. Law Regulates Social Behaviors
It is also interesting to note that law is not concerned with every
kind of human behavior, but only with the social behavior of

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 man, his behavior as far as it matters to certain social
relations. Law addresses man as a social being.
d. Law is intimately related with the State
The other important feature of law and in fact, which distinguish it
from other category of social norms, is its affinity or relation with
the state. The relation of state and law is such that it is impossible to
think the existence of one without the other.
e. Sanction
The other main feature of the law is it is backed by sanction. Failure
to comply with the law results in the infliction of sanction.

Functions of the Law

i. Maintaining Peace, Order, Security and Stability in
the society
ii. Means of Regulation of Social Interaction
iii. Law as a means of Dispute settlement
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 iv. Law as a means of Social change
v. Protection of Citizens from Excessive and Arbitrary
government Power
vi. Bringing Efficiency, Harmony and Balance in the
Functioning of the Government Machinery
vii. Fighting Harmful Traditional Practices
viii. Protect and Encourage Innovative and New Ideas
Sources of the Law
 the term “sources of law” can refer to three different concepts,
which should be distinguished.
 One, it can refer to the origins of legal concepts and ideas.
 Two, it can refer to governmental institutions that formulate
legal rules.
 Three, it can refer to the published manifestations of the law.

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  The major sources of law which different countries accept are;
 Legislations,
 case laws,

 customary law,
 International treaties and

 writings of jurists.

Classification of laws
 Classifying laws into different branches has many advantages. These
are;
 It simplifies the law making process of the legislature
 It makes the work of the executive and judiciary efficient
 It simplifies the study of law and conducting research in legal
problems
 The major classifications of laws are;
 Public vs. private laws
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  Criminal vs. civil
 Substantive vs. Procedural Law
 Business law = civil law but involves public interest

Cont.…
15

1. public vs. private law

 Public law regulates the acts of persons who act in the general
interest, in virtue of a direct or immediate delegation
emanating from the sovereign.
 Private law regulates the acts, which individuals do in their
own names for their own individual interest.
 Public law divided into constitutional and administrative law.

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  Constitutional law defines the organization of the state, its
fundamental rules, mode of government, and the attributions
of its political organs, their limits and their relations.
 Administrative law regulates the operation of the executive
power in all its degrees.
Cont.…
16

2. International vs. National Law

International law as “the body of customary and
conventional rules which are considered legally binding
by civilized States in their intercourse with each other.”
National law is the law that pertains to a particular
nation. It is also known as law of the land. It is in effect in
a country and applicable to its members.

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 3. Substantive vs. Procedural Law
Substantive law is that which defines a right while
procedural law determined the remedies.
Procedural law is also called “law in action” as it governs
the process of litigation.
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4. Civil vs. Criminal Law

 Civil law is that branch of law dealing with the
definition and enforcement of all private or public
rights, as opposed to criminal matters.
 criminal or Penal law unquestionably forms part of
public law. The state alone, representing the nation, has
the right to punish. Prosecutions and condemnations
are carried out in the name of the state.

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  Business Law - The term “Mercantile Law” may be
defined as that branch of law which comprises laws
concerning trade, industry and commerce. It is an ever
growing branch of law with the changing circumstance
of trade and commerce.

Hierarchy of law
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 Precisely, hierarchy of laws is “a chain of subordination”

between laws.
 It depends on the organ who made the laws and also the
nature of the laws.
 E.g. In Ethiopia the hierarchy of law from top to bottom is as
follows:

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 The Constitution
Proclamations/International Treaties
Regulations
Directives
By Laws

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