Oscar Kikoyo, Advocate
Dip. Philosophy, LL.B (Hons), MBA (IB)
Surface & Marine Transport Consumer Council,
NSSF Waterfront, P.O BOX 14154, Dar es salaam,
What is Business?
• Business is a commercial activity
engaged in as a means of livelihood
or profit, or an entity which engages
in such activities.
What is Law?
• Law is the body of rules designed to
regulate human conduct within a given
• It is a rule prescribed for human
• It concerns human beings, group of
people or society and not individual.
What is Law Cont.
• It is a rule prescribed for human action
by a determinate authority.
• Otherwise, it is defined as a system of
rules of social behaviour.
• These rules must be general and not
Types of Rules
• Rules which forbid certain types of
behaviour under threat of penalty
(Prohibitive) – Immigration Rules, TFDA
• Rules which require people to compensate
others whom they injure in certain ways
(Directive)- Constitution of URT.
• Rules which specify what must be done to
order certain types of human activity
(Permissive), e.g. to form a company, to
marry, to make a will etc.
Characteristics of Law
Social control mechanism
Law is normative.
Law is of a uniform and general
Law and Morality
Law demands an absolute subjection to its
rules and commands with enforcing
authority derived from state
Morality demands that people should act
from a sense of ethical duty
The law which is enforced by the courts
must be distinguished from what
sometimes is referred to as „natural‟ or
Law and Morality Cont.
• In many cases the rules of law and
morality clearly coincide. For instance
murder is both against morality and
against the law
Law and Morality Cont.
• Sometimes rules of law and morality are not
the same. For example homosexual
behaviour is not illegal in some countries
although many people would regard it as a
breach of morality
• The term natural law is sometimes used to
refer to rules which although not enacted
are accepted as part of the legal system. For
example the right to be heard, and the
principle that an accused person is innocent
until proven guilty.
Law and Justice
• The basic aim of the law is the attainment of
justice in society.
• Compensation for injuries usually depends
on proving that someone is at fault.
• If a person is injured due to his own fault or
in a pure accident where none is at fault, he
will not receive compensation unless he is
• This inequality is a result of the rules on
Law and Justice Cont.
• The rules regarding mistake and
misrepresentation in the formation of a
contract often operate to determine which of
two innocent parties must bear all of the
loss. The loss is not divided equally.
• Sentencing policies applied by magistrates
in different areas often result in substantially
different sentences for very similar
Law is generally similar to social
custom, positive morality and
convention since it shares with them
the characteristics of a normative
• In short all the laws of states around
the world will evidence the following
features:• Letter of the Law
• A law is a written order - a set of instructions,
or software - that provides directions for
Spirit of the Law
It is contained within the letter of the law the purpose, or intent of the law. For any given law, the spirit of the law is the
hoped-for change, or benefit, that the law
will produce, as predicted by the
Please join StudyMode to read the full document