Dr Rachid BACHAR
E.mail: rachidbachardroit@gmail.com
Legal Terminology (Foreign language)
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نعلم طلبة السنة الأولى ماستر تخصص القانون الجنائي والعلوم الجنائية أنه يمكنهم إدراج الواجب على مستوى المنصة، وفقط في حال تعذر إدراج الواجب يمكن إرساله عبر البريد الإلكتروني لأستاذ المادة: rachidbachardroit@gmail.com ، وأن آخر أجل لإدراج الواجبات 21 جانفي 2024.
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أستاذ المقياس
DEFINITION OF LAW
I/ Introduction:
Every society makes and enforces laws that govern the conduct of the individuals, businesses, and other organizations that function within it. In the words of judge Learned Hand, “Without law we cannot live; only with it can we insure the future which by right is ours. The best of men’s hopes are enmeshed in its success.”. [1]
The word “Law” is used several different senses, though they are all related one to another.
The various significations of the word “Law” are connected together by the fact that all explain certain common ideas, but they are differentiated one form another because when used in certain connections the term means only one or more of these ideas.
In all its meanings the term “Law” refers to idea of “Order”, It also means the idea of “Authority”. To this idea is generally added that of “Compulsion” or “Enforcement”.
This first essential element in the idea of law is that law regulates action. It determines what shall be done and what shall not be done. Laws are rules of conduct laid down for the purpose of directing men’s action.[2]
II/ Definition:
The law is a rule of conduct or action that a nation or a group of people agree to follow.[3]
The law is the body of compulsory rules adopted in the state for the direction of the social conduct of its members and for the administration of its affairs obedience to which is enforced by sanction through the courts established by central authority.[4]
Law, in its generic sense, is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law. [5]
III/ CHARACTERISTICS OF LAW:
Legal rules are social, general and forced by a sanction: [6]
1) Rules of law are social: Law control and order relations between people living in a society. It is concerned only with the external conduct or behavior of man, and has nothing to do with internal thoughts or beliefs. It is only when he comes to act upon such beliefs that law can interfere.
2) Rules of law are general: Law is generally applicable. It is applied in all cases and to all persons.
3) Rules of law are enforced by a sanction:
People are invited to obey law voluntarily. If not, they are compelled to do so by means of sanction applied by the state, the sovereign political authority.
[1] Henry R.Cheeseman, Introduction to Law, Pearson Education LTD, 2005, p 3.
(The Spirit of Liberty, 3d ed (New york: Alfred A. Knopf, 1960)).
[2] Dr. El-Sayyed El-Araby, AN INTRODUCTION TO THE VSTUDY OF LAW, AL-ISRAA edition , Cairo, P 21.
[3] Webster’s Student Dictionary, Librairie du liban Publishers, Lebanon, 1986, P 280.
[4] Dr. El-Sayyed El-Araby, op.cit, P 37.
[5] Henry R.Cheeseman, op.cit, p 4.
(Black’s law dictionary, 5 th ed (St. Paul, MN: West, 1979)).
[6] Dr. El-Sayyed El-Araby, op.cit , P 37.
CRIMINAL LAW
I/ Introduction:
For members of society to coexist peacefully and for commerce to flourish, people and their property must be protected from injury by other members of society. Criminal laws are intended to accomplish this by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate them.[1]
II/ Definition:
The Criminal law is the part of the Law of a country which relates to the definition and Punishment of acts which the state intervenes to suppress. Criminal law is essentially punitive, and for this reason it is sometimes spoken of as Penal Law.[2]
II/ The Crime:
A crime is defined as any act done by an individual in violation of those duties that he or she owes to society and for the breach of which the law provides that the wrongdoers shall make amends to the public. Many activities have been considered crimes throughout the ages, whereas other crimes are of recent origin.[3]
What are the characteristics of Criminal Law?
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Classification of Crimes
I/ Introduction:
The penal Code listed three major categories of crime: contraventions or violations (minor offenses), misdemeanors (offenses punishable by imprisonment or fines), and felonies (offenses punishable by penal servitude or death).[1]
II/ Classification of crimes as to gravity:
All crimes can be classified into categories as follows:
1- Felonies: the most serious kind of crime is called a felony. Felonies include most crimes against the person (murder rape and the like) and certain business-related crimes (such as embezzlement) are felonies in most jurisdictions[2].
Felonies are punishable by death, perpetual imprisonment or reclusion (imprisonment).[3]
2- Misdemeanors: Misdemeanors are less serious than felonies. They carry lesser penalties than felonies. Which are punishable either by imprisonment up to two (2) months to five (5) years.
3- Contravention: Contravention are neither felonies nor misdemeanors, these crimes are punishable by a fine of two thousand (2000) DA to twenty thousand (20000) DA or imprisonment of at least one (1) day to two (2) months at most.