SLC22-W2 / Branches of Law
Greetings everyone,
This week's law course in the Steemit leaning challenge is a very interesting one. This is my homework tasks for that.
Part 0I
-. According to what was explained in class, according to the law or laws of your country, point out two examples of public law and two examples of private law, and explain why you consider that these rights are part of public law and private law.
-. 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), you must also explain why you place that law in that specific branch.
My country is Sri Lanka. Although Sri Lanka is a small country, it can be described as a country where the law is well implemented in each subject. Like other countries, our country also has a combination law system. These types of laws are, Roman-Dutch Law (the law that specifically affects private law), English Common Law (special aspects of public law in Sri Lanka fall under this), Islamic law, Kandyan law, Thesavalamai law, Statutory law, and international law.
As discussed in class, I will explain it as follows, citing two examples each for common law and private law.
Public Law in Srilanka
Public Law is the legal system that governs the relationship between the state and society and maintains the collective security of society. This includes the branches of Criminal Law, Environmental Law, Administrative Law and Constitutional Law. These laws effectively govern the relationship between the people of the country and the state.
Example 01 :-
Criminal Law:- This law provides for punishment for various criminal acts. This is again divided into two branches as serious crimes and petty crimes. Examples of this are murder, theft, rape and fraud, crimes against women and children.
Reason for inclusion in the public law branch :-
This criminal law falls under the common law because such crimes committed by some individuals have a negative impact on all people and society in general. So the state must implement laws to stop such acts. Proper implementation of the law is fundamental to building a good society and a safe society.
Example 02 :-
Constitutional Law:- This law includes the fundamental rights passed by the Constitution in 1978. That is, if the fundamental rights of a Sri Lankan citizen are violated, he or she can file a case before the High Court.
Every citizen of a country has equal rights to enjoy fundamental rights. Therefore, no one can influence these. For example, any citizen has the right to live anywhere in the country they want and to vote for the person they want.
Reason for inclusion in the public law branch :-
This law also falls under the common law because it directly controls the relationship between state power and the people.
Private Law in Srilanka
It is the law that is used to solve various problems and issues that arise between individuals and institutions and to protect the responsibilities and rights of individuals. This includes the branches Family Law, Property Law, Contract Law, Tort Law, Commercial Law, Employment Law.
Example 01 :-
Contract Law:- The law that deals with contracts, such as loans, leases, or other types of agreements between different individuals or industries.
Reason for inclusion in the private law branch :-
This law provides a solution to a problem related to a breach of contract by one party, and it will help protect the rights of the person who has been wronged.
Example 02 :-
Family Law:- This includes cases related to marriage and divorce. These kinds of family problems are very common. Every day, we see in the news how many people are suffering from family problems and problems related to children. I see this law as a very important law for every country.
Reason for inclusion in the private law branch :-
This law is part of personal law because it is based on solving problems necessary to protect the family relationships of individuals.
Part 02
Of all the branches of law (explained in class or that you know and have not been explained), which one seems more interesting to you and why?
Employment Law
The branch of law I have chosen to answer this question is the employment law of Sri Lanka. This law falls under the category of private law. I personally like this law because in many cases, issues arise regarding workers regarding the violation of their rights. Employment law is a set of laws that govern the rights, responsibilities and protection of workers in employment. This is important to maintain a good relationship between employees working in the public and industrial sectors of a country.
• The basic laws of employment law in Sri Lanka, namely,
Public Service Laws:- Laws and regulations applicable to public employees.
Labor Laws:- Laws and regulations applicable to employees in the private sector.
Contractual laws and agreements:- Agreements between employees and employers.
The aspects of employment law that make it most interesting to me are
• The basic rights of employees,
The number of hours to work, leave rights, allowances and retirement rights. In addition, the rights of employees to housing, health, and their safety.
• Laws and regulations related to termination of service.
Here, there are privileges that an employee must be given by the institution after completing his or her service. They should be given to the retired employee in the same way. If an employee is employed in a government job, he or she must retire at the age of 60. After that, he or she will receive a monthly retirement salary every month until death. Also, in some government services, a lump sum will be received upon termination of service.
• Laws related to salaries and wages.
There is a legal framework regarding the minimum salaries to be paid to employees in Sri Lanka and relevant information in this regard is given in the Minimum Wages Table Act.
• Facilities that the owners of institutions should provide to their employees,
Preparing a safe environment for employees within the institution.
Providing good health and medical facilities.
Providing transportation, food and accommodation.
Part 03
We have all had or lived moments within one of the branches of law. So you must tell us about that experience of your own or that of others but of which you have full knowledge and can adapt or compare it with any of the types of law explained in the class.
You must tell that legal situation in detail and explain why you consider it part of that right.
My experience in criminal law
It has been about two weeks since this incident took place. Exactly two weeks ago, a group of six police officers came to the house of a young man in our village, who was about 24 years old and married and had two children, and beat him for about half an hour inside the house, then put him in a police car and took him to the police station.
The police also took away a motorcycle that belonged to him. His house was a little below ours. Everyone in the village gathered there that day to see what was happening. It was only later that we heard that the young man had been arrested by the police for selling and possessing illegal drugs. He had been dealing drugs in this way for some time and the police had been keeping an eye on him to arrest him with evidence. So that day the police also found the drugs that were with him.
He was arrested twice before and later released due to lack of evidence. But this time, he has no escape as he was caught with the evidence. He has been beaten up a lot by the police to find out the truth.
Legal background to the above incident.
As I mentioned above, on two previous occasions, the police arrested him as a suspect, so there was no evidence to prove his guilt in those cases. But on this occasion, he was arrested with drugs. That means he is a criminal. Under the Poisons, Opium and Dangerous Drugs Ordinance and the National Narcotics Control Act of Sri Lanka, he can be sentenced to more than 10 years in prison or up to life imprisonment for such an offense. In addition, he will have to pay fines.
Why do I consider this to belong to criminal law?
• According to the law of our country, the sale, purchase, possession, distribution, transportation and use of illegal drugs are prohibited. If any person violates this, he or she will be subject to severe penalties under the criminal law.
• How much harm does drugs cause to society? Even school children in today's society are accustomed to using such drugs. So what a tragic situation this is. Good people have become crazy due to drug use. Therefore, this is a devastating crime.
• Also, since these things are done secretly from the government, the use of illegal money also occurs in society. Also, people who use drugs are even prone to committing violent acts such as murder.
• Also, the increase in the number of people selling and using drugs in society means that it also causes more thieves to appear in society. Because people are used to stealing a lot to buy such drugs. So this is a big crime for the entire country.
Finally I would like to invite my some of friends @sduttaskitchen, @vishwara and @jyoti-thelight to participate this learning challenge.
https://x.com/Gihani821/status/1871627265764909514?t=oawkS9icH2qr5LYlbrj-Kg&s=19