IDEA OF LAW consider these as invalid, thus, legally entitling them to

by Dennis Lloyd refuse to adhere to these laws.

PREFACE
 Law
o institution central to social nature of man
o w/o it man would be a different creature
o has a major role in human affairs
o one of the great civilizing forces
o growth of civilization due to the development of legal
rules
o found with moral codes
o relationship of law to morality
o related to controversial issues in society & implies a
tension between law and morality
 homosexuality
 capital punishment
 sanctity of human life
 euthanasia
 abortion
 suicide
 divorce
 Plato & Marx
o law is evil & mankind wants to rid itself from it
 Moral Law
o has impact to the thoughts of man about the Actual Law
that prevails in society
o resulted to the belief that there exists a higher law by
which mere man-made law can be judged
o usually contradicts, nullifies the actual rules of society
o citizen becomes relieved of his noncompliance to the
actual law
 lawful basis to wage revolt against legitimate
authority of the state
o e.g. those who argue that Moral Law guarantees basic
human rights, hence, segregation laws, which, contrary
to morality, discriminates class of people in society may
 MOST VITAL ISSUE
o meaning of freedom of the citizen
o measures to preserve this freedom
 Law & Liberty, where law:
o is an instrument for tyranny
o confers security upon the citizen in his person &
property
o is a means of giving effect to those basic freedoms
 expression
 association
 employment
 enjoyment of benefits emanating from Rule of
Law
 relief from basic insecurities due to want &
misfortune
 Welfare States pose legal problems to these liberties.
 Law & Sovereign Power
o important consequences to national & international
legal systems
o If states are sovereign, how come they can be subjected
under international law?
 treaties
 Common Market and UK
 Social Sciences
o relation to human thought and activity
o have impact to legal thinking and practice
o link of legal thinking w/ anthropology, psychology,
sociology and criminology
o its claims depend on its ability to aid legal institutions
and render assistance in solving actual legal problems
 Lawyers
o practical man, especially in common-law countries
o task is to solve practical problems
o better equipped by his legal experience
 Judiciary
o its role has immense social significance in a modern
legal system
o so, this book attempts to discuss:
 nature of judicial process
 its vital contribution in the effective functioning
of the law
 structure of legal reasoning
o judges’ and courts’ essential role in developing the law
and adapting it to the needs of their society
o For readers to see what involves in the process of
applying and interpreting legal rules and principles in a
modern legal system, this book provides:
 the general way in w/c these result & processes
are achieved
 detailed illustrations of these processes
 Conclusion
o this book discusses more urgent legal problems
o it is the task of those concerned with the exposition,
application and practice of the law, to continually
improve the image of law, so its relevance to social
realities will remain.
 ARIS
- what would life be like w/o law?
- if we can answer this question, we can answer
“W/N law is necessary”
- if life would be the same w/o law, then law must
not be necessary
OTHER REASONS:
- learn about human beings,
- that some laws are less necessary
- that diff. reasons can justify diff. laws
- diff. functions of laws
unrealistic and exceedingly difficult to imagine life
w/o any law at all
speculation should be reasoned, based on our
knowledge
2ND ADVANTAGE over traditional political
theorists:
- speculation about life w/o law on a particular
country as of a given time
- our speculation will still have value.
- discuss seemingly “representative laws” found in
whole US and other developed legal systems
BATO
- why ask?
- is this the only reason for considering what life
would be like w/o law?
- unlike traditional political theorists, you are
proposing to approach the question “is law
necessary” by considering “what life would be like
w/o particular laws”.
- not all difficulties will be avoided:
- how to know what life would be like w/o law?
- we can’t experiment, only speculate
what to speculate about?:
- USSR, US
- what point in time
THINGS THAT WILL VARY:
- answers to questions
- country where particular laws are involved
- time when the laws were enforced
be careful of using US as an example, because:
- it is a modern, highly industrialized society
- questions about life w/o law may be irrelevant
- will tell us only about life w/o law in US in 1960s
- but things may have changed already since then
2 FURTHER QUESTIONS
- are we discussing constitutional, statute or case
laws?
2 LAWS:
1. Theft
- larceny
2. Violence
- assault
- w/o laws, man would abuse his fellowmen 
chaos, destruction of property
- San Francisco earthquake, Boston police strike
- day-to-day administration of criminal law = man
is prone to violence, theft, destruction
- look beyond the potential wrongdoer to victim - laws of private property?
- Thomas Hobbes: all men are vulnerable - more evidence prove man doesn’t need this
- so, bec. of his nature, man needs laws protecting
him from theft and violence and his property from
destruction
- not a full-scale system of private ownership is - can “human nature” argument support property
necessary ownership?
- minimum laws of private ownership - you only stated laws protecting things from
destruction, BUT:
1. are these property laws?
2. human nature argument must be based on the
nature of all humans, not only some
- laws protecting property - prove necessity of private ownership first
ANSWER TO OBJ. TO HUMAN NATUER ARG.: - human nature argument is based on the
- you are focusing on the potential wrongdoear assumption that food and water are limited
- look to the possible results of his destructiveness, - US: people behave well because of education and
since food & water is needed by man to survive, so conditioning, not out of fear
it deserves protection
- law < moral and social education - Hobbes: human nature is not static
and wasteful for their areas
GOOD REASONS FOR HAVING LAWS REGULATING - why omit LAWS PROTECTING BASIC FREEDOM?
TIME
- to avoid disputes in some states over daylight
saving time, bec. diff. time schedules prevail even
in the diff. parts of the same state
- to avoid people missing appointments, trains,
public events
- to avoid people wasting time by being too early
for various events and engagements
1. list was not exhaustive how about USSR?
- US Constitution as example, guaranteeing - unfree but w/ lots of accomplishments
freedoms of: speech, press, religion, assembly, etc.
- John Stuart Mill: extent of freedom man enjoys
affects his quality of life in society
- W/O FREEDOM MAN CANNOT KNOW:
1. truth
2. creativity
3. genius
4. spontaneity
5. independence
6. self-reliance
whether USSR’s accomplishment have been SUMMARY OF DISCUSSION:
because of or in spite of the unfree character of its 1. basic laws that man needs like food & shelter
society 2. laws for legal officials
3. laws for the improvement of man’s quality of life
in society

- give other kinds of laws

- for the just distribution of losses that arise in
human relations

W/O LAWS PROVIDING FOR COMPENSATION OF Why?

DAMAGES/LOSS & W/O JUDGES TO DETERMINE
THE VALIDITY OF CLAIMS TO COMPENSATION
- life & property would not be secure
IF ONE WHO SUFFERED LOSS DEMANDS - your answer is speculative
COMPENSATION FROM THE PERSON WHO - no modern legal system has no laws for redress
CAUSED THE LOSS: of harm or broken agreements
- some may voluntarily compensate for the injured
party, out of social pressure or recognition of one’s
moral duty
- some may refuse  violence/theft

IF A LENDER COULDN’T LEGALLY ENFORCE HIS

CLAIM AGAINST A BORROWER:
- no only would make loans  economy suffers
- laws change
- men introduce new laws from time to time
ONE OF THE PRINCIPAL FUNCTIONS OF
DEVELOPED LEGAL SYSTEMS
- provide orderly means of social change
- w/o these means, social problems would not be
solved peaceably and efficiently
- some laws are necessary
SUMMARY OF DISCUSSION:
1. life w/o basic laws against theft, violence and
destruction would be solitary, poor, nasty, brutish
and short
2. life w/o some laws would be less orderly, less
safe, less healthful, less wholesome, etc.
3. some laws provide for the just distribution of
significant losses arising from human relations
4. law facilitates peaceful & efficient social change
5. many laws are necessary
NOTES
Human Rights/Bill of Rights
June 4, 2014  Freedom
 Freedom to Contract
 If you live alone in a cave, do you need a law?  Right to Property
- no  Right to Association
 If you live with others, law is needed.  Freedom of Labor
 For Plato and Marx, law is unnecessary.  Freedom of Speech
 Infancy of States  Freedom of the Press
 Law is great civilizing  Right to Social Security
 Personal Freedom
What are other civilizing factors in society?  Procedural Due Process
1. Morality
2. Education/Science Natural Rights vs Human Rights
3. Custom  Natural Rights
4. Religion - one is born with these

Which between Written Law or Custom Law is more certain?  Human Rights
- Just because custom law becomes written, means that written - based on history of mankind
law becomes certain

Elements of Law
1. Authority
- somebody is entitled to issue a command
2. Sanctions/Punishment
- in case of noncompliance/disobedience

 If we do not see police force much along the streets, then the
society must be a well-regulated society, for people follow laws
without force.

 If people do not follow moral rules, people may criticize those

who do not follow.

 Legality adds force to sanction of rules.

 Moral Law is a metaphysical reality.