Module I

The Nature of Law

Scope of the Module

This module consists of four lessons, as follows:
Lesson 1. The Law in General
Lesson 2. The Source of Law
Lesson 3. Classification, Aplicability and Effectivity of the Law
Lesson 4. Law, the Individual and the State

Overview of the Module

There are various kinds of law within human knowledge, and although
each one has a way of affecting our lives one way or another,
we are not concerned with all of them in this study, except for
one — the state law. This module tells us all about it — its nature,
purpose, sources, classification, effectivity and application.

Objectives of the Module

After studying this module on the nature of law, the student should
be able to:
1. distinguish state law from all other kinds of law;
2. explain how state law comes into being; and
3. demonstrate the application of the law and what compels
people to obey them.

1
Political Science 21
Module I

Lesson 1. THE LAW IN GENERAL

Lesson Objectives:
After studying this lesson on the law in general, the student should
be able to:
1. explain how the state law differs from physical, moral, natural
and divine laws;
2. give the three elements in the definition of a state law.

Introduction. By way of introduction, let us ask ourselves a few

simple questions: Why do we believe in God? Or, a more mortal
one, why do we eat when we are hungry? Or, why do some people
refrain from telling lies? Or, simpler still, why does a fruit fall to
the ground when severed from its stem?
The answers to all these are self-evident. We believe in God because
of our faith in divine law. We eat when we are hungry because
this is a fundamental precept of life according to natural law. Some
people will simply not compromise with the truth because that will
be contrary to moral law. And the fruit? Simple, because of physical
law — the law of gravity.
Law in General. Note that all acts in the foregoing proposition:
to believe in God, to eat when one is hungry, to avoid telling lies,
for the fruit to fall to the ground — all are governed by certain
rules of action or laws that are generally true and universally
observed. In this sense, the term "law," in its broadest meaning
and signification, means any rule of action, norm of conduct, or
expression of uniformity. In its most comprehensive signification, law

2
applies indiscriminately to all objects of creation, whether animate or
inanimate, rational or irrational, as well as to tangible processes. (Gamboa,
citing Blackstone, Commentaries I). On this basis, laws are either rules
of physical science or rules of human action.
Physical law consists of the methods of uniformity and regularity
in the operation of nature, among them being the law of gravity
and laws of chemical combination. We are not concerned with this
kind of law in this study as it properly belongs to the subject
of physics.
Laws of human action are either unenforceable by the state or
enforceable by state authorities when violated. Divine law, natural law,
and moral law are not enforceable by the state, meaning that one
cannot be held responsible by the state for their transgression although
each one of them has its own way of compelling obedience to
it.
Divine law is said to be the law which God transmitted to
mankind through divine revelation. Although divine law exerts great influence
in our lives, we are not concerned with it in this study since
it falls under the subject of theology.
Natural law is the law of right reason, said to be dictated
by the human mind and inspired by the human heart. It consists
of certain fundamental precepts in life which are everlasting and
unchanging. Likewise, we are not concerned with this kind of law
as it belongs to the study of metaphysics.
Moral law, as positive morality, is the totality of the rules of
human conduct growing out of the collective sense of right and wrong
of the community. Neither are we concerned with this kind of law
which properly belongs to the study of ethics.
State Law. The only kind of law that concerns us in this study
is the state law. It is the law of human action that is enforceable
by this state. It is the kind of law that we speak of in

3
connection with the administration of justice. There are various definitions
of state law and they differ widely depending upon the point of
emphasis of each author. Because of these differences in point of view,
the law is sometimes referred to as positive law, civil law, municipal
law, or imperative law. Among the better known definitions of state
law are the following.

"A rule established by political superiors to political inferiors." -- Austin

"A general rule of external human action enforced by a sovereign

political authority." — Holland

"A command proceeding from the supreme political authority of a state

and addressed to the persons who are the subjects of that authority." —
Amos

Regardless of the definition of the term, three things are readily

clear about state law, namely: 1) that it is a rule or command;
2) designed to regulate human conduct; 3) imposed by the political
authority of the state.
Sanction of State Law. The purpose of the law, whatever it may
be, cannot be served by merely writing or defining it or laying
down the rules of conduct. There must be an instrument or mechanism
by which it may compel obedience to, and compliance with the
rules. This is called sanction of the law. It consists of penalties
which the state, by the use of physical force, if necessary, will inflict
on those who violate or fail to comply with the law. A sanction
is penal if its purpose is to punish the offender and deter other
men from committing the same offense: it is remedial if its object
is to indemnify the person who has suffered from the violation
of the law.

4
 One final word before we move further: from here on, unless we
use the term "law" in a different specific way, we mean no other
law, but the state law.

(SEE NO. 3 OF "INSTRUCTIONS TO THE STUDENT")

5
Political Science 21
Module I
Lesson 1

SELF-PROGRESS CHECK TEST

On the blank before each number, write the proper word or

words to make each item a complete and correct statement.

___________1. Laws in general are classified into two main

___________2. divisions as regard their applicability. That which pertains
to inanimate objects is called law of _____, and
that which governs human conduct is called law of
_____.
___________ 3. Although we are not directly concerned with them
___________ 4. in this study, it is worthwhile to know the other
___________ 5. kinds of law, such as _____ law, which regulates the
___________ 6. operation of nature; _____ law, which regulates the
operation of the universe according to the will of
God; _____ law, which deals with certain basic principles
in life, discoverable through divine inspiration and right
reason; and _____ law, which governs human conduct
in accordance with a community's sense of right
and wrong.
___________ 7. Regardless of the definition of state law, three
___________ 8. elements are consistently clear about it; they are
___________ 9. ______, ______, and ______.
___________ 10. The instrument that compels obedience to the law
through the imposition of penalties is called ______.

(SEE NO. 4 OF "INSTRUCTIONS TO THE STUDENT")