1.0 Introduction1.1 LawMany of the people think that they know what the law is when they see it and their individual viewpoint will affect how they define the law.
The lawyers mostly think that a society cannot be properly understood or explained without an understanding of its law and legal culture. The law is also rarely out of the news and is often the focus for fictional drama such as Suspicious Partner, Lawless Lawyer, The Lincoln Lawyer and so on. Law is something that touches our lives on a daily basis, it governs what we can and cannot do. For examples, it can be used to settle disputes, to punish and to govern the peoples according to the law with fairly. There are laws which are widely accepted and laws which generate controversy.
Laws play a very important roles in the social, political and economic life. There are so many term of the law definitions that can be defined, which is law can be defined as the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. It also can be defined as any written or positive rule or collection of rules prescribed under the authority of the state or nation, as by the people in its constitution. Other than that, law is the controlling influence of such rules, which is the condition of society brought about by their observance by maintaining law and order.
Law was created by an appropriate authority and as the systematic set of universally accepted rules and regulation. For example, by the government, which may be regional, national, international, etc. It can be enforced used to govern the action and behaviour by imposing penalties of the members. The word of law also refers as a system of rules that a society or government develops in order to deal with the crime, business agreements, and social relationships. Law is generally can be divided into four principle classes, which are natural law, the law of nations, public law, and private or civil law. It is a statute law or common law when considered in relation to its origin.
When examined as to its different systems it is divided into civil law, common law, canon law. For the applied to objects, it is civil, criminal, or penal. It is also divided into natural law and positive law. For the written law, it is a lex scripta and for the unwritten law, it is a lex non scripta. Into law merchant, martial law, municipal law, and foreign law. Laws are immutable and arbitrary or positive, which is when as their effect, they are prospective and retrospective when it is being considered as to their duration.
In the In U.S. law, it is any rule that if broken subjects a party to criminal punishment or civil liability. The U.S.
Constitution is the highest law in the United States. Laws in the United States are made by federal, state, and local legislatures, judges, the president, state governors, and administrative agencies. Law in the United States is a mosaic of statutes, treaties, case law, administrative agency regulations, executive orders, and local laws.
The law can be bewildering because the laws of the various jurisdictions, which are federal, state, and local are sometimes having a conflict. Moreover, U.S. law is not static, which means new laws are regularly introduced, old laws are repealed, and existing laws are modified.
It is means that the precise definition of a particular law may be different in the future from what it is today. Meanwhile, the main or highest law in Malaysia is the Federal Constitution of Malaysia. It is actually was created after the Constitution of the Federation of Malaya to sets out the legal framework and rights of Malaysian citizens.. The Constitution of the Federation of Malaya is the foundation of the Federal Constitution of the Malaysia today.
In order to formulate a constitution for the preparation of a fully self-governing and independent Federation of Malaya, this constitution was drafted by Reid Commission that headed by Lord William Reid. The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonisation of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to 1960s. One of the act is Defamation Act 1957. The Defamation Act 1957 was enacted to govern a person from expresses words that may damage another person’s reputation in the eyes of the public such as a slander or libel. It is relating to the malicious damaging the reputation consists in speaking, writing, printing or otherwise.
If the defamatory statement is printed or broadcast through the media to the third party, it is considered as libel. Only if the defamatory statement is in oral, it is slander. People might tend to think the worse of an individual or deride that person with the defamatory allegation. The three elements of defamation must be fulfilled in order to charge defendant under Defamation Act 1957. First, the statement made must be defamatory, the statement must be publishing to the third party and third, it must refer to the plaintiff himself.
1.2 EthicsThe term of ethics derives from the ancient Greek word ‘ethos’ which means custom or habit. Ethics also can be called as a moral philosophy, which means the discipline concerned with what is morally good and bad, or right and wrong.
For an example, refers to those standards that impose the reasonable obligations to refrain from rape, slander, stealing, murder, assault, and also fraud. Ethical standards also include those that enjoin virtues of honesty, compassion, and loyalty, which is include standards relating to rights, such as the right to life, the right to freedom from injury, and the right to privacy. Such standards are adequate standards of ethics because they are supported by consistent and well-founded reasons. The ethics may came from the God and religion, human conscience and intuition, a rational moral cost-benefit analysis of actions and their effects, the example of good human beings, which means the environment, a desire for the best for people in each unique situation, also the political power. The ethics term is also applied to any system or theory of moral values or principles. The terms of the ethics and morality are closely quite related even though the terms are not the same.
Ethics can be defined as the code of conduct agreed and adopted by the people. It sets a standard of how a person should live and interact with other people while the morality can be defined as a system of rules for guiding human conduct, and principles for evaluating those rules. Nowadays, it is a common thing to refer at the ethical judgments or ethical principles where it once would have been more accurate to speak of moral judgments or moral principles. These applications are an extension of the meaning of ethics. The term that being referred are not only used for a morality itself but it is also being used for the field of study, or branch of inquiry, that has morality as its subject matter in the earlier usage.
In this sense, ethics is alike to moral philosophy. Although ethics has always been viewed as a branch of philosophy, its all-embracing practical nature links it with many other areas of study, such as anthropology, biology, economics, history, politics, sociology, and theology. Nevertheless, ethics remains distinct from such disciplines because it is not a matter of factual knowledge in the way that the sciences and other branches of inquiry are.
Rather, it has to do with determining the nature of normative theories and applying these sets of principles to practical moral problems. Ethics is also based on well-founded standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, or specific virtues. The meaning of ethics is difficult to set aside, and the views of many people have about ethics are not strong enough and weak. Many people tend to equate ethics with their feelings, but it is something in the opposite because an ethical person is clearly not a person who follows their feelings. This is because someone who follows their feelings may be backward from doing what is right.
In fact, the feelings and the religion are not directly related to someone’s ethics. For those who have a strong religious stand, they certainly support the high ethics within themselves. If ethics were confined to religion, then ethics would apply only to religious people and to those who believe in religion only. But ethics applies as much to the behaviour of the atheist as to that of the devout religious person.
Religion can set high ethical standards and can provide intense motivations for ethical behaviour. However, ethics cannot be limited to religion nor is it the same as religion. The ethics plays a very important role to make society better.
When we help to make the society being better, we are rewarded with also making better own lives and the lives of our families and friends. Society would be a miserable place without moral conduct. It is also important to secure meaningful employment.
Most employers will look at a person’s past behaviour as a predictor of future behaviours, which means that someone who has a history of immoral behaviour will have difficulty securing employment in a meaningful job, as that person may not be trusted. Then, can treat everyone with equally. Equality is a cornerstone of most Western democracies, where all individuals are afforded the same rights.
This is not possible without the majority of citizens behaving in a moral manner. Other than that is to be a lesson of stress. We tend to feel an uncomfortable and concerned about our decision making when we make immoral decisions. Making the right moral decision, or taking a principled perspective on an issue can reduces the stress. Technological growth and all other progress as a civilization fails if we give up our ethics and values.
The only thing which separates us from other animals is our conscience. If we obey our morals our internal peace is maintained. So, our code of ethics makes us who we are and keeps the society in harmony.