(1)
Prohibition of Activity. There is a provision forbidding anyone from
performing an activity without a licence issued by an official.
(2)
Issue of Licence. There is a provision authorising an official to confer a
licence on a suitable person to perform the activity.
(3)
Imposition of Conditions. There may be a provision authorising the
official to impose conditions on the licence.
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For example a person may be
authorised to carry on a certain trade but only during certain hours.
(4)
Revocation of Licence. There is a provision authorising the official (or
some other person) to revoke the licence when there is sufficient justification
to do so. This justification typically includes breaching any conditions
attached to the licence.
In combination these provisions regulate the particular activity. A person
cannot perform
the activity without a licence. Therefore if they want to do it
they must apply for and obtain a licence. If they obtain the licence, they can
perform the activity only in accordance with any conditions imposed on the
licence. If they fail to observe the conditions, or otherwise misbehave, the
official (or some other person) can revoke their licence.
Law of Wrongs
The law of wrongs -
torts and criminal law being the two general areas -
consist of a number of individual actions or remedies that are discrete. They
protect the citizen and the state from a variety of injuries to their interests.
Hence, there is a very obvious functional relationship between the provisions,
namely the range of interests that they protect. Obvious examples of these
interests are protection of institutions, persons, property, commerce, contracts
and reputation. Together, the individual rules in these areas of law provide a
protective cover for society against these wrongs.
Corporations Law
Corporations law (or company law) is a disparate area of law. It centres on an
artificial legal person called a corporation. It focuses on the formation,
powers, procedures, duties, financing, management and operation of the
corporation. It largely involves the relationship of the corporations, directly or
indirectly, to two classes of persons.
One class consists of persons who are in some way within or connected to the
corporation. These are promoters, shareholders, directors, agents, officers
and employees. The other class consists of persons who are outside of the
company. Examples are government and private regulators, auditors, debt-
holders, customers and suppliers. Corporations law is the collection of
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For a discussion see Summers (1971).
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