Introduction to Law I

Tr. Khin
Contents
The Relation Between Law and
01
Other Rules
• Law and Religion
• Law and Moral
• Law and Tradition

02 Definition of Law
• Definition of Law and Legal Philosophy
• Present Definition of Law in Thailand
Introduction

• Human are social animals.

• Living alone cannot satisfy human’s needs.

• Maxim - “ubi sociatus, ibi jus” - Where there is a society, there is law.

• To live peacefully in a society…. The law is an essential instruments.

• Complex society… needed ‘social norms’ – religion, tradition and culture

• Advanced society …. ‘state’

• Standard to live peacefully – the essential condition of living together

The body of rules = Law
 01
The Relation Between Law and Other Rules
Law and Religion

■ Religion – teaching of the religious leaders – to obey and follow to

▪ cherish the good conduct and
▪ refrain from evil

■ Similar criterions of religion and law

1. Conduct the behaviors of human
2. The violators attain negative effects
The different between law and religion is the sanction.

■ Negative effects – remote

■ Eg., bad results – long term – no immediate sanction or penalty

■ followers / believers – affected by the religious teaching

■ But, if a person violates the laws, the sanction will be executed

■ The wrongdoer – judicial process or enforce the remedy or compensation

Religion is one of the sources of law

– provides justice in the application of law

Law and Moral

■ Moral

▪ the inner feeling of the human being

▪ separate good or superior deed from evil thought or action

 Comparison of the nature of law and morals
Law – external behavior
If people have evil or criminal thoughts, the law
Law – regulated by State.
1 2 cannot punish them,
Moral – inside feeling or sensation of people
But such thoughts are against the moral in
their mind

Aim of law – to maintain public order Violation of laws – physical or financial penalty
and good moral of the society Violation of moral – mental punishment
3 4
Aim of moral – for better human being Mental guilty – upon the conscience of
to be completed as a whole individuals
Law and Tradition

the model or

norms of the outer or

Tradition
external human activities or

the norms that belongs to specific tribes, ethnics

or groups of people
 Law and Tradition

The Similarity The Differences

They both direct the external or 1. Law - by state

outer behavior of human being Tradition – by a specific group, professional or people

2. Violation of laws – bodily or economic punishment,

Ignorance of one’s own tradition –
social reprimand or scolding
Tradition or Custom

■ usage or practice of the people which

▪ by common adoption and acquiescence and
▪ by long and unvarying habit

■ become compulsory and

■ has acquired the force of law with respect to the place or subject matter to which it relates
 02
Definition of Law
Definition of Law and Legal Philosophy

■ Meaning of law – changed from one School of Thought to another

■ Many recognized schools of thought

■ Only two most widely recognized

1. School of Natural Law
2. School of Positive Law
 School of Natural Law

Evolved Greek-Roman era

Many famous philosophers Socrates, Plato, Aristotle, Cicero and St. Thomas Aquinas

• “Law exists naturally. Law cannot be created by man”

• Law happens and subsists in nature - caused and found by God’s will together with natural just,
human conscience, and moral

“NO LAW CAN BE UNJUST”

• The unjust or inequitable law cannot or might not be accepted by the population and society
 School of Positive Law

Prominent philosophers Thomas Hobbs and John Austin

• “Sovereign” has power to use the law as a device to suppress people who initiate turmoil or
insurgence in the territory.
• Law – the order of sovereign to control the citizen or population – those who contravenes – be
punished
• Law – “enacted” by sovereign of the state
• Law – used to shape and direct the society
• “Public Order and Good Morals” (Public Policy) – administered by law

When the supreme power of the state orders something that deems to be law,
It must be obeyed by the people.
Present Definition of Law in Thailand

■ Thailand
▪ influenced by the “School of Positive Law”
▪ because in the outset of the “Era of Revolution of Thai Law”
▪ went to read the law in the United Kingdom and in the Continental countries

■ His Royal Prince Rapee Patanasakdi – the Father of Thai Law

▪ went to read in England and received the English teaching and learning methodology
(Common Law System)
Two Significant Ideas of Thai Law

HRH Prince Rapee Patanasakdi defined -

“Law is the orders given by the rulers to all that has been ruled, disobedience causes penalty”

Professor Yud Sange-uthai defined -

“Law is the regulations of the state, which conduct human behavior, the violators are guilty and
have to be punished”
Thai Legal and Political System
Background of Thai Law

■ Thai legal system – the Code Law model

■ The “Code of Manu”, ancient Hindu jurisprudence – formed the basis of the Thai ancient legal
system – the Sukothai period (1238-1350 A.D.)
■ The Dhammasattham, the modified Code of Manu – during the Ayudhya period until early
nineteenth century
■ Fall of Ayudhaya – revised – “Law of the Three Great Seals”
■ During the reign of King Rama V – the introduction of Western jurisprudence – undertaken
■ Almost hundred years – Thai Laws – revised, reformed and codified
■ Thai Code – derived from – the French, English legal systems, German, Swiss and Japanese
Constitutional Monarchy
■ By tradition dating back to 1932, the Kingdom of Thailand – constitutional monarchy

■ Adopts – a democratic regime of government – the King as the Head of State

■ Sovereignty – from the Thailand people – is exercised by the King

■ Through the National Assembly, the Council of Ministers and the Courts – the provisions of
the Constitution

■ Keep a check and balance system like in many western countries

■ Monarchy – significant position at the core of Thai society

The Legislature
■ Legislative Branch
▪ the law-making section of the government
▪ the primary responsibility of promulgating
▪ approving new laws

■ Thailand applies a civil law system – embodied in statutes and codes

■ All laws are promulgated in the name of the King

■ passed by the National Assembly (the Senate and the House of Representatives)

■ Statutes – broad principles – implemented by Royal Decrees and Ministerial Regulations

■ Basic legislation – codified – the Civil and Commercial Code, the Land Code, the Penal Code,
the Civil Procedure Code, the Criminal Procedure Code and the Revenue Code
The Executive
■ Government operations are administered by Thailand’s executive branch
■ The Council of Ministers (or Cabinet) –
▪ headed by the Prime Minister – the country’s head of government
■ The Prime Minister – a member of the House of Representatives –
▪ is appointed by the King (the recommendation of the President + the approval) of the
House of Representatives
▪ with the majority votes in the House of Representatives
■ The Council of Ministers is nominated by the Prime Minister
■ The ministers and deputy ministers – are appointed by the King (upon recommendation by the
Prime Minister)
■ At present – 20 Ministries – each Ministry is headed by a Minister of State
■ The day to day contact – is carried out by the numerous Departments – is headed by DG
■ The law or policy’s many matters – required to be approved by the Council of Ministers
The Judiciary
■ The Constitution provides – the judiciary in deciding cases

■ Present Constitution of 2007 – Thai Judiciary – 4 Courts

1. The Constitutional Court

2. The Administrative Court

3. The Courts of Justice and

4. The Military Courts

The Court System
■ Four autonomous and equivalent courts
■ Responsibility or jurisdiction of each court is varied from court to court
■ The Constitution Court – judgements or decisions
▪ on the “Constitutionality” of the provisions of law and other powers or conduct of the
politicians, other administrative or concerning laws
■ The Administrative Courts – adjudicate –
▪ disputes between private parties and State organs or officials – issue of abuse of power
by such State organs or officials
■ The Military Courts – adjudicate – cases that one of the parties is the military officers
▪ issues of the case – criminal or civil law
■ The Courts of Justice – adjudicates –
▪ all cases except those specified by the Constitution, Law of the Organisation of the
Courts of Justice, or other laws of other courts
■ Three levels: the Courts of First Instance, the Courts of Appeal and the Dika Court
 Thai Judiciary System

Constitutional Court Courts of Justice Administrative Court Military Court

Supreme Court Supreme Administrative Court

Courts of Appeal

Administrative Court of the

Courts of the First First Instance
Instance

Provincial or District Courts

Civil Court Criminal Court Juvenile and Labour Court Tax Court IP & IT Court Bankruptcy Court
Family Court

Magistrate or Kwaeng Courts

Thank You!