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Any rule of law or system of uniformity. Determines not only the activities of men as rational beings but also movements or motions of all objects of creation, whether animate or inanimate.
Law
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2 general divisions of law
- -which is promulgated and enforced by the state.
- -which is not promulgated and enforced by the state.
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Subjects of Law
- State Law
- Divine Law
- Moral Law
- Natural Law
- Physical Law
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Law that is promulgated and enforced by the state.
State Law
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What are the general and specific sense of law?
General - refers to all laws taken together. "the mass of obligatory ruless established for the purpose of governing the relationships of persons in society." e.g. "law of the land"
Specific - "a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit." e.g. "the law on obligations and contracts"
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Characteristics of Law
Rule of conduct - tells us what shall be done and what shall not be done.
Obligatory - a positive command imposing a duty to obey and involving a sanction which forces obedience.
Promulgated by legitimate authority - enacted by Congress which is the name of the legislative branch of government.
Common observance and benefit - intended by man to serve man. regulates the relations of men to maintain harmony in society and to make order and co-existence possible.
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Necessity and functions of law
What would life be without law? - society comes to existence because members could not live without it. Need for internal order is as constant as of external defense.
What does law do? - secures justice, resolves social conflict, orders society, protects interests, controls social relations.
What is our duty as members of society? - Since we find the law necessary, every citizen should have some understanding of law and observe it for the common good.
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Sources of law
Constitution - fundamental law, supreme law, promulgated by the people themselves, binding on all individual citizens and all agencies of government.
Legislation - preponderant source of law, Acts passed by legislature are called enacted law or statute law.
Administrative or executive orders, regulations, and rulings - issued by administrative officials under legilative authority.
Judicial decisions or jurisprudence - decision of the SC, applying or interpreting the laws or Constitution.
Custom - habits and practices through long and uniterrupted usage have become acknowledged and approved by society as binding rules of conduct.
Other sources - added principles of justice and equity, decisions of foreign tribunals, supplementary, resorted by the courts in absence of all other source, not binding on the courts.
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Rule in case of doubt in interpretation or application of laws.
In case of doubt, it is presumed that the lawmaking body intended right and justice to prevail.
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Organs of social control
The law may be viewed as a means of social control --- the control of bvehavior that affects others.
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