Module 3

 POLITICAL CULTURE

Lesson 1
Concept of Law:

“Laws and institutions must go hand in hand with the progress of the human mind."
Sir Francis Bacon

LAW
- Is derived from the old Teutonic word “lag” which means fixed.
- Any rules promulgated by the governing authority and enforced by the courts.

Law in a Non-Legal Manner:

1. Divine Law
- the rules which regulate the operation of the universe in accordance to the will of
God.
2. Natural Law
- the sum total of all rules of life established by divine inspiration and respected by all
nations.
3. Moral Law
- a set of rules pertaining to human concepts of bad and good.
4. Physical Law
- the laws of physical science concerning sequence of cause and effects.
5. Social Law
- the rules existing in a limited section of a community and enforced by that section
within itself.

Origin and Sources of the Law:

1. Religion
- ancient laws had the force of divine inspiration. Crimes among primitive people were
often decided by “trial by ordeal” in which God was believed to give victory to the
right party.
2. Customs
- earliest laws had the influence of local customs and mores behind them. The tribal
judge, the patriarch or chief and village elders rendered their decision in the light of
their customs.
3. Equity
- equity means equality or justice. Judgment is rendered according to intrinsic fairness
and equality of treatment.

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 4. Constitutions
- basic law of the land which defines the existence, framework of government and
guiding principles. It is supreme to all other written laws.
5. Legislation
- the most common source of law. Laws that are enacted by the legislature are called
statutes. Laws derived from the legislation are collected, arranged and classified into
codes. Example the Administrative Code of the Philippines (R.A.).
6. Treaties
- these agreements enter into the international obligations of the state to other states.
7. Executive Proclamation
- orders issued by the chief executive to implement legislation made by the legislature.
Executives may also possess law-making power by the issue of decrees.
8. Judicial Decisions
- these decisions usually have the binding force of law, thus they are commonly called
“judge-made –laws”. The legal principles laid down by the courts become precedents
which may be applied to future cases of a similar nature.
9. Legal Commentaries
- these commentaries lay down guiding principle for possible cases, consequently
providing the basis of new law.

Kinds of Law:

A. According to the Extent of their Application:

1. Municipal Law
- “national law” or the collection of national and local laws issued and enforced by
the state to regulate the relations of its citizen.

Types:
a. General Law
– the aggregate of all national laws passed by the law-making body to govern all
persons and conditions within the state.
b. Local Ordinances
– laws enacted by competent authority in a political subdivision of the state (city,
town, province, etc.)
c. Convention Law
– rules and regulations which certain persons by common agreement bind
themselves to with respect to certain specific transactions.
d. Autonomic Law
– prescribed by an association of persons of their organizations.
e. Martial Law
– rules and regulations for the discipline of the armed forces of the country.

2. International Law
– set of treaties, customs or rules which govern the conduct of states in relations
with one another.

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B. According to the Character of the Persons Concerned:

1. Public Law – regulates the relations of the state and individuals. Examples are
constitutional law or political law and criminal law (murder, rape, etc.)
2. Private Law – regulates relations between individuals. Examples are contracts, civil
damages, inheritance, marriage and separation, etc.

C. According to Form:

1. Written Law – it is the law in formal writing. Example: The Constitution

2. Unwritten Law – it is the source of law which has not been enacted in a formal
manner by legislature but it does not necessarily mean that it is not written. Example:
Tribal laws

THINK!

Give 3 examples of Laws in the Philippines that directly

affect you as a STUDENT. Explain the importance of each
law and its effects.

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Lesson 2
World’s Legal System:

1. Judaeo – Christian Law

- Under the supreme domination of the Popes and the Catholic Church (The Canon
Law)
- The belief in the Decalogue (10 Commandments)
Four Elements:
a. There is only One God
b. A written covenant between God and Man
c. Emphasis on God’s holiness and ethical demands
d. Incarnation of God in Jesus Christ
- Applications:
a. Triumph of mercy over justice
b. The use of parole or pardon for convicted criminals
c. Probation system for released prisoners
d. Humane treatment in prison
e. “vox populi, vox dei” (the will of the people is the will of God)

2. Roman Law
- Emperor Justinian gave mankind the first code of Roman Law, popularly known as
the Justinian Code, for which he is known as “The Lawgiver of Civilization”.
- Example:“To the victor belong the spoils” and “Possession is 9/10 of the law”
- Napoleon Bonaparte made “The Napoleonic Code” which made use of 3 judges during
trials.

3. Anglo – Saxon Law

- Originated in England
- Characteristics:
a. The concept of “due process of law”
b. Trial by jury
c. The principle that an accused person is legally innocent until proven guilty.

4. Islamic Law
- Basic legal system in Muslim nations (Saudi Arabia, Egypt, Iran, Iraq, etc.)
- Based on Prophet Muhammad, Qu’ran(Koran) and the Sunnah(sayings).
- Example: polygamy

5. Communist Law
- Basic legal system of communist nations (China, North Korea, Vietnam and Cuba)
- Based on the teachings of Karl Marx and Vladimir Lenin
- “The state is everything, the individual is nothing”

 YOUR IDEA!
What is the importance of knowing the LAWS of other
religious organizations as a Social Studies major? Explain.

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Lesson 3
The Consitution:
– the fundamental law of the land.

Classifications:
1. Rigid and Flexible Constitutions
a. Rigid Constitution – difficult to amend because the process is long and formal one.
b. Flexible Constitution – easy to amend because an act of the Parliament is sufficient.
2. Written and Unwritten Constitutions
a. Written Constitution – it is formally enacted in one written instrument.
b. Unwritten Constitution – one which has not been reduced to a single written
document.

Origin of Written Constitution:

- Athens, Greece had 11 constitutions. Aristotle wrote his book “Politics”.
- In the United States of America, Benjamin Franklin was the oldest of the 55 delegates
who wrote their constitution in 1787. It became the “model” for all written
constitution.

Requisites of a Good Constitution:

1. Broad in Scope
- Outline an organization for the government and for the whole nation.
2. Brief in its Content
- Not too complicated so it would be understood by the public.
3. Definite in its Principles
- Must be clear for clear interpretations.

Contents of Written Constitution:

1. A Preamble – which expresses the ideals of a nation
2. Definition of National territory
3. Definition of Citizenship
4. Rights and Obligations of Citizens – Bill of Rights
5. Suffrage and Elections for Government Officials
6. Structure and Functions of the Government – the 3 branches of the government
7. Method of Amending
8. Date of its Effectivity

Methods of Amending the Written Constitution:

1. By Constitutional Convention
2. By Legislative Action Only
3. By Legislative Action and Submission to the Electorate
4. By Legislative Action and Submission to the Local Government for Approval
5. By Direct Action of the Voters – known as Initiative

 YOUR IDEA!

Do you believe it is about time to have a CONSITUTIONAL

CONVENTION (CON-CON) or CHARTER CHANGE (CHA-CHA)?
Explain WHY or WHY NOT. 5