The ultimate reason for learning about the legal system is to figure out what law applies to a particular problem. Every legal system has its own little quirks due to the evolutionary nature of its laws. However, it is still essential to understand what laws address a particular problem in order to find a solution.
Anyway, that’s what I thought after listening to the introductory lecture on the Malaysian Legal System.
We have an especially peculiar legal system within Malaysia, which is governed by a whole set of laws that go way back in history. It’s not just about the statutes nor the courts. It encompasses everything from our Constitution(s), legislations, cases, common law, customs and Islamic laws.
Personally, I think that we need a new system. The current one is just too convoluted and inefficient. While it is not yet broke, it is definitely getting worn down by the day and will give in the future.
As the law is a living creature, this should not be an issue as we will develop and continue to evolve the law to tackle new problems.
Oh, and I learned what stare decisis and ratio decidendi and ober dictum means today.
Law is full of cool words from a dead language!