SOCIOLOGY OF LAW

Sociology of Law

Division of criminology which

attempt to of scientific analysis Andre A. Cardenas Jr.
of the conditions under which
Introduction to
penal or criminal laws develop Criminology
as a process of formal social
control.
Two Types of Law
1. NATURAL LAW
are rooted in core values shared by
many cultures. Natural laws protect against
harm to person (e.g. murder, rape, robbery) Andre A. Cardenas Jr.
and forms the basis of common law
systems Introduction to
Criminology
2. STATUTORY LAW
enacted by legislatures and reflect
current cultural mores, albeit that laws may
be controversial, (e.g. laws that prohibit
marijuana used and gambling).
Arguments
Marxist Criminology, Conflict
Criminology and Critical Criminology
claim that most relationships between State Andre A. Cardenas Jr.
and Citizen are non-consensual and
wishes; it is exercised in the interests of the Introduction to
Criminology
ruling of dominant class. The more right
wing criminologist tend to post that there is
a consensual social contract between State
and citizen.
Arguments
Therefore, definitions of crimes will
vary from place to place, in
accordance to the cultural norms Andre A. Cardenas Jr.
and mores, but may be broadly Introduction to
classified as blue-collar crime, Criminology
corporate crime, organized crime,
political crime, public order crime,
state crime, state-corporate crime,
and white-collar crime.
Blue-collar crime,
Any crime committed by an individual from a lower social class as opposed to white collar crime.
Corporate crime,
Refers to crime committed either by a corporation or by individuals that may be identified with a
corporation.
Organized crime,
Group run by criminals, most commonly for the purpose of generating a monetary profit.
Political crime,
Involving overt acts or omissions which prejudice the interest of the state, its government or the political
system.
Public order crime,
Acts that interfere with the operations of society and the ability of people to function efficiently. Andre A. Cardenas Jr.
State crime,
Activity or failure to act that break the states own criminal law or public international law. Introduction to
State-corporate crime, and
Criminology
The concept of state-corporate crime or incorporated governance refers to crime that result from
the relationship between the policies of the state and the policies and practices of commercial
corporations.
White-collar crime
Crime committed by a person of respectability and high social status in the course of his
occupation”.
Victimless Crime
A behavior of an individual
which is forbidden by law, but Andre A. Cardenas Jr.
which neither violates nor Introduction to
significantly threatens the Criminology

rights of other individuals.

Victimless Crime has the
following applications:
1. A victimless crime may be one in which the
victim is the accused.
2. In common usage, victimless crime refers
to behavior that is illegal but which claimed
not to violate or threaten the rights of
anyone and may be associated with the
implication that the behavior should Andre A. Cardenas Jr.
therefore not be illegal.
3. In criminology, victimless crime is now Introduction to
termed public order crime. Criminology
4. In the law, case law has developed to
discuss and termed it “victimless” crime.
Crime and Criminal Law
Crime can be defines as follows:
1. An act or omission in violation of a
criminal law in its legal points.
2. An anti-social act; an act that is injurious,
detrimental or harmful to the norms of
society; they are the unacceptable acts in Andre A. Cardenas Jr.
its social definition.
3. Psychologically, crime is an act, which is
considered undesirable due to behavioral Introduction to
maladjustment of the offender; acts that Criminology
are caused by maladaptive or abnormal
behaviors.
Crime and Criminal Law
Criminal Law is that branch
of Law which defines crime,
treat of their nature, and Andre A. Cardenas Jr.
provides for their
Introduction to
punishment. Criminology
Sources of Criminal Law
1. The Revise Penal Code (Act.
No. 3815) and its
amendments.
2. Special Penal Laws Andre A. Cardenas Jr.

3. Penal Presidential Decrees Introduction to

Criminology
issued during Martial Law.
Characteristics of Criminal Law
1. Generality
2. Territoriality
3. Prospectivity
Andre A. Cardenas Jr.

Introduction to
Criminology
Two Theories of the Penal Code
•The Old Penal code which is at
present known as the Revised
penal Code was based on the
Andre A. Cardenas Jr.
two prominent suppositions
namely Classical and Positivist Introduction to
Criminology
theory.
Brief History of Philippine
Criminal Law
Before the code of Kalantiao was promulgated in
1433 the People of Pre-Spanish Philippines had a
customary and unwritten laws only. Some of the most
striking laws promulgated during this period were:
Andre A. Cardenas Jr.
a. Due respects to elders and parents
Introduction to
b. Strict obedience of children to their parents Criminology
c. Strict fulfillment of contract, and
d. Equality of husband and wife both socially and
in the control of their property
Brief History of Philippine
Criminal Law
With the promulgation of the Code of Kalantiao in 1433,
the penal laws were made severe and extensive. According
to the code, the penalties for felonies and other
misdemeanors were:

a. death, Andre A. Cardenas Jr.

b. incineration,
c. mutilation of fingers, Introduction to
d. slavery, flagellation, Criminology
e. being bitten by ants,
f. swimming under water for a time disciplinary penalties.
Brief History of Philippine
Criminal Law
The code likewise provide severe
punishment to men who were cruel to
their wives, husbands who maltreat
innocent wives were sentenced to Andre A. Cardenas Jr.

death. Adultery, as well the contracting Introduction to

Criminology
of marriage to very young girls was
severely punished.
 The following are some of the most
significant attribute of the Kalantiao Code:
1. Ye shall not kill; neither shall ye steal; neither shall hurt the aged; lest ye
incur the danger of death. Those who infringe this order shall be
condemned death by being drowned with stones in the river, or boiling
water.
2. Ye shall obey. Let all obey. Let your debts with headmen be met
punctually. He who does not obey shall receive for the first time one Andre A. Cardenas Jr.
hundred lashes.
3. Who does not comply with, obey, and observed this order shall be Introduction to
condemned to swim for three hours (for the first time), and for the second Criminology
time, to be beaten to death with sharp thorns or for the third time, shall be
lacerated with thorns.
4. Ye shall obey; he, who makes exchanges for food, let it always done in
accordance with his work.
 The following are some of the most
significant attribute of the Kalantiao Code:

1. He, who does not comply, shall be beaten for one hour, he who
repeats the offense shall be expose for one day among ants.
2. Slavery of doam (certain period of time) shall be suffered by those
who steal away women of the headmen; by him who keeps ill-
tempered dogs bite the headman; by him who burns the fields of Andre A. Cardenas Jr.
another.
3. All those, shall be beaten for two days, who sing while traveling Introduction to
by night; kill the bird mana-ol; tear the documents belonging to Criminology
the headman.... .or mock the dead.
4. They shall be burned; those who by their strength, cunning have
mocked at and escaped punishment; or who kill young boys; or to
steal away the women of the agorangs (oldmen).
CRIME
Is also a generic term or name that refers to offense, felony
and delinquency or misdemeanor.
Offense – is an act or omission that is punishable by Special
laws.
Felony – is an act or omission that is punishable by the
Revised Penal Code, the criminal law of the Philippines
(Reyes, 1960) Andre A. Cardenas Jr.
Felony is committed not only by means of fault (culpa) but
also by means of dolo Introduction to
(deceit). (Art. 3, RPC) Criminology
Delinquency/Misdemeanor – acts that are in violation of
simple rules and regulations usually referring to acts
committed by minor offenders.
Legal Classification of Crimes or Felony

1. As to the manner of commission:

a. By means of dolo or deceit- when the act was done with deliberate intent.
b. By means of culpa or fault- when the wrongful act result from imprudence,
negligence, lack of foresight or lack of skill.

2. As to the stages in the commission of crimes:

a. Attempted-crime- when the offender commences the commission of the felony
directly by overt acts and does not perform all the acts of execution which could Andre A. Cardenas Jr.
produce the felony by reason of some causes accident other than his own
spontaneous desistance
b. Frustrated crime- when the offender has performed all the acts of execution
Introduction to
which will produce the felony as consequence but which nevertheless, do not Criminology
produce the felony by reason of causes independent of the will of the perpetrator.
c. Consummated crime- when all the elements necessary for its execution and
accomplishment are all present.
Legal Classification of Crimes or Felony

3 As to the plurality of crimes:

a. Simple crime - when a single act constitute only one offense.
b. Complex crime - when single act constitute two or more
grave or less grave felonies or when an offense is a
necessary means for committing the other.

4. As to the gravity of penalty or offense Andre A. Cardenas Jr.

a. Grave penalties-- those which the law attaches the capital
punishment or afflictive penalties. Introduction to
b. Less grave felonies- those which the law punishes with Criminology
penalties which are correctional in nature.
c. Light felonies- those infractions of law for the commission
of which the penalty of arresto mayor of fine not exceeding
200 pesos are imposed.
Legal Classification of Crimes or
Felony
5. As to the basis of criminal act:
• Crimes against national security
and the law of nations.
Crimes against the fundamental
laws of the state.
Crimes against public order.
Crimes against public interest.
Crimes relative to opium and other
prohibited drugs.
Crimes against public morals.
Crimes committed by public
officers.
• Crimes against person.
Crimes against liberty and
security
Crimes against property.
Crimes against chastity.
Crimes against the civil status
of persons.
Crime against honor.
Quasi-offenses. Andre A. Cardenas Jr.
Introduction to
Criminology
Criminological Classification of Crimes

1. As to the results of crimes:

a. Acquisitive crime- when the offender acquires something as a
consequence of his criminal acts.
b. Extinctive crime- when the end result of a criminal act is
destructive
Andre A. Cardenas Jr.
2. As to the period of commission:
a. Seasonal crime- those committed only during a certain Introduction to
period of the year like violation of tax law. Criminology
b. Situational crime- those committed only when given the
situation conducive to its commission.
Criminological Classification of Crimes

3. As to the length of time of commission

a. Instant crime- those committed in the shortest possible
time.
b. Episodic crime- those committed by a series of act in a
lengthy space of time.
Andre A. Cardenas Jr.

4. As to the place of location of the commission: Introduction to

a. Static crimes- those committed in only one place Criminology
b. Continuing crime- those can be committed in several
places.
 Criminological Classification of Crimes
5. As to the use of mental faculties:
a. Rational crime- those committed with intention and offender is in full possession of his
sanity.
b. Irrational crime- those committed by persons who do not know the nature and quality
of his act on account of the disease of the mind.
6. As to the type of the offenders
a. White collar crime- those committed by person of respectability and upper socio-
economic class in the course of their occupation activities.
b. Blue collar crime- those committed by ordinary professional criminal to maintain their
livelihood.
7. As to the standard of living of the criminals:
a. Crime of the upper world - falsification cases
b. Crime of the under world - bag snatching