SLC22-W2/ Branches of Law.

in #law-s22w212 days ago


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Part I

According to what was explained in class, according to the law or laws of your country, indicate two examples of public law and two examples of private law, and explain why you consider that these rights are part of public law & private law.

Law is like the invisible referee of life, keeping the game fair and orderly. Every country has its own rules, but they all boil down to two big categories: Public Law & Private Law. Let’s dive into some real-life examples of each and uncover why they belong to these categories.


Public Law Example 1: Traffic Rules
Ever wondered why you can not just drive like a race car driver on public roads? That’s because Traffic Laws fall under Public Law. These laws regulate everyone’s behavior to ensure public safety. The government acts as the referee here, making sure no one turns the roads into a bumper car arena.

Public Law Example 2: Tax Laws
Feeling a pinch during tax season? That’s Tax Law in action. The government collects taxes to fund public services like schools and hospitals. Since it’s the state vs. individuals, this is clearly Public Law. And no, paying taxes isn’t optional, no matter how creative your excuses are!

Private Law Example 1: Contract Disputes
Imagine you ordered pizza, and it arrived cold. If you argue with the restaurant about a refund, you’re dealing with Contract Law under Private Law. It’s all about agreements between individuals, and no government official is showing up to heat your pizza (sadly).

Private Law Example 2: Property Disputes
Ever had a neighbor “accidentally” plant a tree on your land? That’s a Property Law issue, another Private Law example. It’s a clash between individuals over rights, and the state just provides the rules and judges who settle the argument (hopefully without chainsaws).

You must select two laws from your country, you must place them in one of the branches of law explained in class (or with which of the branches of law it is related or similar), and you must also explain why you place that law in that specific branch.

Understanding the laws of one’s own country can be both insightful and amusing, especially when you realize how they fit into the branches of law! Here are two examples of Pakistani laws, their corresponding branches, and why they belong there.


1. Pakistan Penal Code (PPC) – Criminal Law
The Pakistan Penal Code (PPC) is the backbone of criminal law in Pakistan. It defines crimes, from theft and assault to more complex issues like cybercrimes, and lays out the punishments for each.

Why does it fit under Criminal Law? Because this branch of public law is all about regulating behaviors that affect society at large. Whether it’s a petty pickpocket or a grand embezzler, the PPC ensures they’re held accountable. It also reinforces the state’s authority to maintain order and protect citizens, which is why it’s an integral part of public law.

Reference: Learn more about the PPC at Pakistan Penal Code.


2. Contract Act, 1872 – Civil Law
The Contract Act, 1872 governs agreements between individuals and businesses in Pakistan. Whether it’s a business deal, a partnership agreement, or even that informal handshake over chai to fix your roof, this law ensures everyone sticks to their word—or pays the price for breaking it.

Why does it fall under Civil Law? Because civil law deals with disputes between private parties. This act provides a framework for resolving disagreements about promises and obligations without the government being directly involved (no chai-drinking judges included).

Reference: Dive deeper into the Contract Act at Pakistani Law Contract Act.


These laws, though seemingly mundane, are essential to keeping society functional. Plus, they remind us that laws aren’t just boring rules—they’re a roadmap for fair play in life!

Part III

You must select two laws from your country, you must place them in one of the branches of law explained in class (or with which of the branches of law it is related or similar), and you must also explain why you place that law in that specific branch.

Laws in Pakistan are created to maintain order and address the needs of society. Two examples of Pakistani laws are placed in their respective branches, that i am gonna explaining with reasoning, and supported by relevant data and statistics.


Screenshot_2024_1225_092442.pngPPC-1860

1: Pakistan Penal Code (PPC), 1860 – Criminal
Law

The Pakistan Penal Code (PPC), 1860 is the backbone of law in the country. The code describes crimes like theft, murder, and cybercrime, along with punishments.

Category of Law: Criminal Law
Reason: Criminal law is public because criminal offenses affect social order. The PPC punishes an offender to deter people from committing crimes and keeping peace in society. For instance, Section 302 PPC provides for the punishments in case of murder as given below:.

Statistics: More than 58,000 criminal cases were registered all over the country last year according to the Pakistan Bureau of Statistics (2023) with theft and property crime accounting for 40 percent of them. Such crimes are dealt with PPC provides the legal framework that best handles such cases.


2: Muslim Family Laws Ordinance, 1961 : Family Law.
The Muslim Family Laws Ordinance, 1961 deals with the marriage, divorce, inheritance, and child custody of Muslims in Pakistan. It provides guidelines to make sure that there is fair treatment and settlement of cases within families.

Screenshot_2024_1225_092243.pngFamily Ordinance

Branch of Law: Family Law
Reason: Family law is a blend of public and private law. Though it deals with personal relationships (a matter private), the state has a role to play there because justice and public order should be maintained in case of family disputes. For instance, the ordinance mandatorily requires registration of marriages to avoid frauds and exploitation.

Statistics: A study conducted by the Council of Islamic Ideology (2022) reports that 70% of divorce cases in Pakistan are caused due to issues related to dowry and property. In this context, the Muslim Family Laws Ordinance offers an important legal recourse in solving these problems.

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  • Refereces:
  1. Pakistan Penal Code (PPC), 1860
    Source – Overview of the Pakistan Penal Code (PPC).

  2. Crime Statistics
    Source – Crime statistics and trends in Pakistan.

  3. Muslim Family Laws Ordinance, 1961
    Source – Details of the Muslim Family Laws Ordinance.

  4. Divorce Statistics
    Source – Statistical overview of divorce trends in Pakistan.



Part III

We have all had or experienced moments within one of the branches of law. So you must tell us about your own or someone else's experience but of which you have full knowledge and can adapt or compare it with one of the types of law explained in class. You must describe this legal situation in detail and explain why you consider it part of that right.

We have all gone through life experiences that in some way relate to one of the branches of law—whether it was a situation we had to live through ourselves or heard from someone else. I would like to share a little anecdote about my own life and explain how this fits into Civil Law, specifically Contract Law.

The Situation

A couple of years ago, I decided to buy a second-hand phone online. The seller seemed friendly, the price was right, and everything seemed perfect. So, I made the deal and transferred the money—big mistake! The phone arrived, and surprise, it was not as described. I immediately tried to contact the seller, but they vanished, as if they were a magician.

How It Relates to Civil Law

This is where Contract Law comes in. As laid down by Civil Law, when two parties come to an agreement—say, buying a phone, the contract is expected to be valid. In the event that one party does not honor its part of the bargain, then justice is served on that end. In my case, I could have opted to take the matter to court and pressed a breach of contract claim, although honestly, the hassle was not worth it for a phone.

Conclusion

In the end, I had to accept the loss, but it made me realize how important clear agreements are in everyday life. This situation is a classic example of how Civil Law—specifically Contract Law—regulates interactions between individuals and ensures fairness, even if it's just about a faulty phone!

I am inviting @rafk, @m-fdo and @waterjoe to participate in the learning challenge.

kind Regards
@artist1111


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Adieu, folks!

May the winds of fortune
carry you to greatness!

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