Divine law is imperative law on the following basis:
(i) It is laid down by a superior authority (God);
(ii) It is followed compulsorily;
(iii) Its breach constitutes a sin and is punished with divine wrath.
Civil law (the law of the land) is also a form of imperative law on the following basis;
--The superior power is the sovereign
--the compulsion is fear of punishment by the state.
--it is enforced by the physical force of the state. Civil law decides whether an act is innocent or criminal.
International Law
International law has been differently defined by different jurists.
Salmond takes it as “those rules which govern sovereign states in their relations and conduct towards each other”. Other definitions are: “ the body of rules which by custom or treaty civilized states regard as binding upon themselves in their relations with one another, and whose violation gives the injured party a legal right to redress”; ( Wheaton), “The aggregate of rules to which nations have agreed to conform in their conduct towards one another”; (Lord Russel).
Banking laws and practices Headline Animator
Saturday, October 31, 2009
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