SLC22-W1 / Basic Notions of Law

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This is @max-pro from, #Bangladesh}

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Assalamu Alaikum friends. Wishing everyone good health. Hope you all are well. By God's grace I am fine too. Today I am here to participate in a wonderful learning competition organized by our teacher @anasuleidy. The Topic of this contest is SLC22-W1 / Basic Notions of Law. So this is a very important competition where we can learn some important things. Below are some questions that I will answer correctly. So let's get started.

Part I - State in your own words and based on what you explained in class: What is law?

What is law :- Law is a set of rules and regulations made to regulate the behavior, relationships and rights of individuals in a society. It is a binding structure that plays an effective role in ensuring order in society and establishing justice. Law is above personal will and it applies equally to all citizens. To put it more simply, law is the rule by which peace, order and equality are maintained in the society and the observance of which is mandatory. It is important to understand the law as it affects every aspect of our daily life. By knowing this we can be aware of our rights and responsibilities, which helps to lead an orderly life in the society.

What is law?	Source

Part I - Consider the explanations given in class, according to the law and the laws of your country. I pointed out two examples of "Objective Law" and two examples of "Subjective Law".

According to the explanation given in the Law and Class of Bangladesh, the examples of Objective Law and Subjective Law are mentioned.

Objective Law	Source

Objective laws are those laws that are applicable and binding on everyone in the society. Example:

• Bangladesh Road Transport Act, 2018 : Obeying traffic rules is mandatory under this law. For example disobeying traffic signals or driving without a valid driving license are punishable offences.

• Bangladesh Penal Code, 1860 (Section 302) : It provides punishment for murder and is binding on all. Violation of this law is an offence.

Subjective Law	Source

Subjective law is law relating to the rights or benefits of individuals, which apply to personal benefit. Example:

• Fundamental Rights (Article 32 of the Constitution) : Right to life and right to personal liberty. Every citizen has this right which no one can violate.

• Bangladesh Consumer Rights Protection Act, 2009 : It protects the rights of a buyer. Consumers can seek redress if they are defrauded of a product or service.

In this way objective and subjective laws can be understood in the light of Bangladesh law and their impact in real life can be seen.

Part I - Practical case: A citizen is driving a vehicle on the road and passes without respecting the traffic light, seconds later he is stopped by a traffic policeman and this citizen claims that he did not respect the traffic light because he was in a hurry to pick up his son and take him to the hospital because he is sick.

Based on what you have learned, please state in which part of the case Objective Law and Subjective Law are present.

In this case, the presence of two types of laws, objective law and subjective law, is seen.

Objective Law	Objective law is binding law that applies to all and carries penalties for breaking it.

Disobeying traffic lights is a violation of the Road Transport Act, 2018. According to this law every driver has to obey the rules of traffic lights.

Application of objective law by traffic police to stop vehicles and impose fines or penalties. It applies equally to all.

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Subjective Law	Subjective law is law relating to individual rights or benefits.

The citizen tried to use his personal rights to rush to the hospital to save his life and that of the child. It derives from the right to life given by its constitution.

The right to emergency care in case of child's illness is also an example of a subjective law. Depending on the circumstances, this argument may help reduce his sentence in court.

• Disobeying traffic lights is a violation of objective law.

• It is subjective law to rush to urgent need for child's illness.

Part II - Based on what you have explained in class, make a comparison and according to the law of your country. Give an example of a law and an example of a norm.

The class explained that laws are mandatory and state-made rules, violations of which are punishable. Rules on the other hand are rules made to maintain behavior or order that are not always binding, but violation of which may result in social or administrative repercussions.

According to the laws of Bangladesh	Source

Examples of laws

Bangladesh Penal Code, 1860 (Section 379 - Theft) :- Stealing is an offense under this Act. If someone steals another's property, he should be punished. It is a mandatory law and violation is punishable.

Example of Rules

An office dress code :- Let's say an office has a fixed dress code (eg white shirt and black pants are mandatory during office hours). Violation of this rule may result in warnings or social repercussions, if not punishment. It is a code of conduct and not a binding law.

Comparison

Law	enacted and binding by the state; Violation is punishable.
Rules	prescribed at the social or administrative level; It is not always mandatory and there is usually no penalty for violation, but there may be repercussions.

Part II - Practical case: Mr. Juan Perez rents an apartment but his financial situation worsens and he has not paid for 3 months. On one occasion, a meeting of apartment owners was held and the owner of the apartment where Mr. Juan Perez lives presents the case to the owners of the other apartments. They take advantage of the opportunity to say that they have received complaints from the neighbors of the building because Mr. Juan Perez has 4 dogs as pets in his apartment, something that is prohibited in the building's rules of coexistence.

Analyze and explain in which part of the case Mr. Juan Perez is violating a law and in which part he is violating a norm.

Analyzing the actions of Mr. Juan Perez in this case of the case, it can be seen that he violated two different areas, one is the Law and the other is the Norm.

Violation of law	Non-payment of rent for 3 months is considered as Breach of Contract.

Source

Legal Analysis

A tenancy agreement is a legal agreement signed between the property owner and the tenant. As per Bangladesh Contract Act, 1872, timely payment of rent as per this contract is mandatory.

• Non-payment of rent is a breach of legal contract and can lead to legal action against the tenant through the courts.

• This is an example of a violation of the law.

Violation of rules

Keeping 4 dogs in the apartment, which is prohibited by the building's coexistence rules (House Rules).

Rule Analysis

• A coexistence policy or rule (House Rule) is prescribed for the residents of the building.

• It is not a legal obligation, but a social or administrative rule created to maintain order among all.

Mr. Juan Perez violated this rule, as it is an internal rule and violation may result in social or administrative repercussions. But this is not a direct violation of the law.

Summary :-

Violation of law : non-payment of rent, which is punishable by law as a breach of contract.

Rule Violation : Keeping 4 dogs, which is a violation of building coexistence rules.

In this case the owner can sue for recovery of rent through law and take action through social resolution or meeting for violation of building rules.

Part III - Explain in your own words what importance Comparative Law has for you according to what you have seen in class.

Importance of Comparative Law : Comparative law refers to comparing the laws of one country with the laws of other countries and analyzing their similarities, dissimilarities and effectiveness. It plays an important role in the formulation, reformation and implementation of laws.

Importance in my side	Source

As a solution to international problems, in the era of globalization many laws are needed to deal with international issues. Comparative law helps to learn from the successful laws of other countries and apply them in the context of one's own country.

On this basis, by analyzing the effectiveness of the legal system of other countries, the laws of one's own country can be reformed. For example, it is possible to use the experience of other countries in reforming education, health or traffic laws. Through comparative law research, opportunities are created to identify weaknesses in a country's legal system and improve it.

Judges can play a more effective role in decision-making by analyzing the laws of other countries in new or complex cases. Comparative law helps in making laws to suit the changing conditions of the world. For example, it is important to deal with new challenges such as cybercrime or environmental problems.

Example and Summary :

Some clauses have been adopted from the laws of other countries in the formulation of the Women and Child Violence Suppression Act of Bangladesh. Likewise, lessons have been learned from the Green Laws of developed countries in making environmental laws. Comparative law helps us make our own laws better, more effective and more consistent. It forms a bridge between national and international law and plays an instrumental role in the establishment of justice.

Finally, it is a very important learning competition. Here we have learned important topics about law. Thanks a lot to our teacher for that. So I am Inviting my lovely Steemian friends @stef1, @ulfatulrahmah, @kouba01, @selina1 to Participate in this Competition.

Thank You So Much For Reading My Blog.