The document discusses different types of law:
1. Divine law concerns religion, faith, sin and salvation as determined by God.
2. Natural law is based on innate human senses of justice, fairness and righteousness.
3. Moral law involves societal norms of conduct that vary over time and place.
4. Physical law describes regularities in nature but does not command objects.
State law is positive law promulgated and enforced by governments to govern relations between people. It is obligatory, established by legitimate authorities, and aims to maintain social harmony through common rules of conduct.
The document discusses different types of law:
1. Divine law concerns religion, faith, sin and salvation as determined by God.
2. Natural law is based on innate human senses of justice, fairness and righteousness.
3. Moral law involves societal norms of conduct that vary over time and place.
4. Physical law describes regularities in nature but does not command objects.
State law is positive law promulgated and enforced by governments to govern relations between people. It is obligatory, established by legitimate authorities, and aims to maintain social harmony through common rules of conduct.
The document discusses different types of law:
1. Divine law concerns religion, faith, sin and salvation as determined by God.
2. Natural law is based on innate human senses of justice, fairness and righteousness.
3. Moral law involves societal norms of conduct that vary over time and place.
4. Physical law describes regularities in nature but does not command objects.
State law is positive law promulgated and enforced by governments to govern relations between people. It is obligatory, established by legitimate authorities, and aims to maintain social harmony through common rules of conduct.
The document discusses different types of law:
1. Divine law concerns religion, faith, sin and salvation as determined by God.
2. Natural law is based on innate human senses of justice, fairness and righteousness.
3. Moral law involves societal norms of conduct that vary over time and place.
4. Physical law describes regularities in nature but does not command objects.
State law is positive law promulgated and enforced by governments to govern relations between people. It is obligatory, established by legitimate authorities, and aims to maintain social harmony through common rules of conduct.
Law – The General Nature of Law Law – means any rule of action or any system of uniformity. The General Nature of Law Law – means any rule of action or any system of uniformity.
- determines not only the activities
of men as rational beings but also the movements or motions of all objects of creation whether animate or inanimate. General Division of Law General Division of Law 1. Law (in the strict legal sense) which is promulgated and enforced by the state. General Division of Law 1. Law (in the strict legal sense) which is promulgated and enforced by the state.
2. Law (in the non-legal sense) which is not
promulgated and enforced by the state. General Division of Law 1. Law (in the strict legal sense) which is promulgated and enforced by the state.
2. Law (in the non-legal sense) which is not
promulgated and enforced by the state.
It includes divine law,
General Division of Law 1. Law (in the strict legal sense) which is promulgated and enforced by the state.
2. Law (in the non-legal sense) which is not
promulgated and enforced by the state.
It includes divine law, natural law,
General Division of Law 1. Law (in the strict legal sense) which is promulgated and enforced by the state.
2. Law (in the non-legal sense) which is not
promulgated and enforced by the state.
It includes divine law, natural law,
moral law, General Division of Law 1. Law (in the strict legal sense) which is promulgated and enforced by the state.
2. Law (in the non-legal sense) which is not
promulgated and enforced by the state.
It includes divine law, natural law,
moral law, and physical law. Divine Law - Is the law of religion and faith which ` concern itself with the concept of sin and salvation. Divine Law - Is the law of religion and faith which ` concern itself with the concept of sin and salvation. - promulgated by God and revealed or divulged to mankind by means of direct revelation. Divine Law - Is the law of religion and faith which ` concern itself with the concept of sin and salvation. - promulgated by God and revealed or divulged to mankind by means of direct revelation.
- The sanction of divine law lies in the
assurance of certain rewards and punishments in the present life or in the life to come. Natural Law - defined as the divine inspiration in man of the sense of justice, fairness, and righteousness, not be divine revelation or formal promulgation, but by internal dictates or reason alone. Natural Law - defined as the divine inspiration in man of the sense of justice, fairness, and righteousness, not be divine revelation or formal promulgation, but by internal dictates or reason alone. - is ever present and binding on all men everywhere and at all times. Natural Law - defined as the divine inspiration in man of the sense of justice, fairness, and righteousness, not be divine revelation or formal promulgation, but by internal dictates or reason alone. - is ever present and binding on all men everywhere and at all times. - is said to be impressed in man as the core of his higher self at the very moment of being or, perhaps, even before that. Natural Law - defined as the divine inspiration in man of the sense of justice, fairness, and righteousness, not be divine revelation or formal promulgation, but by internal dictates or reason alone. - is ever present and binding on all men everywhere and at all times. - is said to be impressed in man as the core of his higher self at the very moment of being or, perhaps, even before that. - has been regarded as the reasonable basis of state law. Moral Law - refers to the totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community. Moral Law - refers to the totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community. - there is no definite legal sanction for violation of purely moral law. Moral Law - refers to the totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community. - there is no definite legal sanction for violation of purely moral law. - it is not absolute. It varies with the changing times, conditions or convictions of the people. Moral Law - refers to the totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community. - there is no definite legal sanction for violation of purely moral law. - it is not absolute. It varies with the changing times, conditions or convictions of the people. - To a great extent, influences or shapes state law. Physical Law - being addressed to objects which have no power to disobey, is in reality nothing more than an order or regularity in nature by which certain results follow certain causes. Physical Law - being addressed to objects which have no power to disobey, is in reality nothing more than an order or regularity in nature by which certain results follow certain causes. - called “law” only by analogy State Law - the law that is promulgated and enforced by the state. State Law - the law that is promulgated and enforced by the state. - also called positive law, municipal law, civil law, or imperative law. State Law - the law that is promulgated and enforced by the state. - also called positive law, municipal law, civil law, or imperative law. - is enforced by the state, with the aid of its physical force, if necessary. State Law - the law that is promulgated and enforced by the state. - also called positive law, municipal law, civil law, or imperative law. - is enforced by the state, with the aid of its physical force, if necessary. - does not concern itself with violations of the latter rules of actions unless they also constitute violations of its command. Summary Divine Law - belongs to the fields of philosophical theology. Summary Divine Law - belongs to the fields of philosophical theology. Natural Law – to methaphysics Summary Divine Law - belongs to the fields of philosophical theology. Natural Law – to methaphysics
Moral Law - to ethics
Summary Divine Law - belongs to the fields of philosophical theology. Natural Law – to methaphysics
Moral Law - to ethics
Physical Law - to physical science or physics.
Concepts of (State) Law General or abstract sense - refers to all the laws taken together. Concepts of (State) Law General or abstract sense - refers to all the laws taken together. Defined as “the mass of obligatory rules established for the purpose of governing the relations of persons in society”. Concepts of (State) Law General or abstract sense - refers to all the laws taken together. Defined as “the mass of obligatory rules established for the purpose of governing the relations of persons in society”. Also known as “law of the land”, “rule of law and not of men”, “equality before the law”, “enforcement of the law’, etc. Concepts of (State) Law General or abstract sense - refers to all the laws taken together. Defined as “the mass of obligatory rules established for the purpose of governing the relations of persons in society”. Also known as “law of the land”, “rule of law and not of men”, “equality before the law”, “enforcement of the law’, etc. Specific or material sense - defined as “rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit”. Characteristics of Law Characteristics of Law - It is a rule of conduct. It tells us what shall be done and what shall not be done. Characteristics of Law - It is a rule of conduct. It tells us what shall be done and what shall not be done. - It is obligatory. Is considered a positive command imposing a duty to obey and involving a sanction which forces obedience. Characteristics of Law - It is a rule of conduct. It tells us what shall be done and what shall not be done. - It is obligatory. Is considered a positive command imposing a duty to obey and involving a sanction which forces obedience. - It is promulgated by legitimate authority. Are enacted by Congress which is the name of the legislative branch of the government. Characteristics of Law - It is a rule of conduct. It tells us what shall be done and what shall not be done. - It is obligatory. Is considered a positive command imposing a duty to obey and involving a sanction which forces obedience. - It is promulgated by legitimate authority. Are enacted by Congress which is the name of the legislative branch of the government.
- It is of common observance and benefit. It regulates
the relations of men to maintain harmony in society and to make order and co-existence possible. Necessity and Functions of Law Necessity and Functions of Law
What would life be without Law?
Necessity and Functions of Law
What would life be without Law?
What does law do?
Necessity and Functions of Law
What would life be without Law?
What does law do?
What is our duty as members of society?
Sources of Law Sources of Law 1. Constitution. The fundamental law of the land. Sources of Law 1. Constitution. The fundamental law of the land. 2. Legislation. Consists in the declaration of legal rules by a competent authority. Sources of Law 1. Constitution. The fundamental law of the land. 2. Legislation. Consists in the declaration of legal rules by a competent authority. 3. Administrative or Executive Orders, Regulations, and Rulings. Those issued by administrative officials under legislative authority. Valid only when they are not contrary to the laws and Constitution. Sources of Law 1. Constitution. The fundamental law of the land. 2. Legislation. Consists in the declaration of legal rules by a competent authority. 3. Administrative or Executive Orders, Regulations, and Rulings. Those issued by administrative officials under legislative authority. Valid only when they are not contrary to the laws and Constitution. 4. Judicial decisions or Jurisprudence. The decisions of the courts, particularly the Supreme Court, applying or interpreting the laws of the Constitution form part of the legal system of the land. Sources of Law 5.. Custom. It consists of those habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct. Sources of Law 5.. Custom. It consists of those habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct.
6. Other Sources. Principle of justice and equity,
decisions of foreign tribunals, opinions of text- writers, and religion. Rules in case of doubt in the Interpretation or application of laws Rules in case of doubt in the Interpretation or application of laws Our Civil Code provides that “no judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. Rules in case of doubt in the Interpretation or application of laws Our Civil Code provides that “no judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.
In case of doubt in the interpretation or
application of laws, it is presumed that the lawmaking body intended right and justice to prevail. Law is not an end in itself. It may be viewed as a means of social control – the control of social behavior that affects others. Law is not an end in itself. It may be viewed as a means of social control – the control of social behavior that affects others.
In modern pluralistic societies, there
are many organs of social control. Such organizations, through their rules and regulations and orders, control some of the behavior of their members. Law compared with other means of social control Law compared with other means of social control 1. Laws are made and administered by the only institution in society authorized to act in behalf of the entire citizenry. Law compared with other means of social control 1. Laws are made and administered by the only institution in society authorized to act in behalf of the entire citizenry. 2. Only the legal institutions within the society can make rules, regulations and orders with which the entire citizenry must comply. Law compared with other means of social control 1. Laws are made and administered by the only institution in society authorized to act in behalf of the entire citizenry. 2. Only the legal institutions within the society can make rules, regulations and orders with which the entire citizenry must comply. 3. People associated with an organization can ordinarily terminate their relationship and thereby free themselves from the impact of its rules and regulations. Law compared with other means of social control 4. The sanctions or techniques of control through law are more varied and complex than the techniques available to organizations. Expulsion is usually the most powerful technique available to such organizations to secure compliance with their rules, etc. Law compared with other means of social control 4. The sanctions or techniques of control through law are more varied and complex than the techniques available to organizations. Expulsion is usually the most powerful technique available to such organizations to secure compliance with their rules, etc. Aside from imprisonment and deportation, there are many other sanctions available to the law. Law compared with other means of social control 4. The sanctions or techniques of control through law are more varied and complex than the techniques available to organizations. Expulsion is usually the most powerful technique available to such organizations to secure compliance with their rules, etc. Aside from imprisonment and deportation, there are many other sanctions available to the law. A sanction is remedial if the object is the indemnification of the person who has suffered damages or injury from a violation of the law and penal if the object is the punishment of the violator. Law compared with other means of social control 5. Before the law “operates” against an individual, various procedural steps are required. Law compared with other means of social control 5. Before the law “operates” against an individual, various procedural steps are required.
An individual, must ordinarily be given a hearing
and a fair opportunity to show why he should not, be ordered to pay or be deprived of his liberty. Such step are commonly referred to as “due process” of law. Organization of Courts Under the Constitution, the judicial power or the power to decide actual cases and controversies involving the interpretation and application of laws, is “vested in one Supreme Court and in such lower courts as may be established by law”. Organization of Courts Under the Constitution, the judicial power or the power to decide actual cases and controversies involving the interpretation and application of laws, is “vested in one Supreme Court and in such lower courts as may be established by law”. The judiciary, composed of the courts, is one of the three (3) main divisions of power in our system of government, namely 1. Regular courts, 2. Special courts, and 3. Quasi-judicial agencies Classifications of Law Classifications of Law 1. As to purpose Classifications of Law 1. As to purpose a) Substantive Law - that portion of the body of law creating, defining, and regulating rights and duties which may be either public or private in character. Classifications of Law 1. As to purpose a) Substantive Law - that portion of the body of law creating, defining, and regulating rights and duties which may be either public or private in character.
b) Adjective Law - that portion of the body of law
prescribing the manner or procedure by which rights may be enforced or their violations redressed. Also known as remedial law or procedural law. Classifications of Law 2. As to its subject matter Classifications of Law 2. As to its subject matter a) Public Law - the body of legal rules which regulates the rights and duties arising from the relationship of the state to the people. Classifications of Law 2. As to its subject matter a) Public Law - the body of legal rules which regulates the rights and duties arising from the relationship of the state to the people.
b) Private Law - the body of rules which regulates
the relations of individuals with one another for purely private ends. Classifications of Law 2. As to its subject matter a) Public Law - the body of legal rules which regulates the rights and duties arising from the relationship of the state to the people.
b) Private Law - the body of rules which regulates
the relations of individuals with one another for purely private ends.
Civil procedures is that branch of private law
which provides for the means by which private rights may be enforced. Law of obligations and contracts - is the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts. Civil Code of the Philippines The law on obligations and contracts is found in Republic Act No. 386, otherwise known as the Civil Code of the Philippines. Civil Code of the Philippines The law on obligations and contracts is found in Republic Act No. 386, otherwise known as the Civil Code of the Philippines. The Civil Code of the Philippines is based mainly on the Civil Code of Spain which took effect in the Philippines on December 7, 1889. It was approved as Republic Act No. 386 on June 18, 1949 and took effect on August 30, 1950. It is divided into four (4) books. Book IV of the Civil Code deals with obligations and contracts. The general provision on obligations are contained in Title I, Articles 1156 – 1304, while those on contracts, in Title II, Articles 1305 – 1422. Title III, Articles 1423 – 1430 are new provisions dealing with natural obligations. Conclusive Presumption of Knowledge of Law
Ignorance of the law excuses no one from
compliance therewith (Art. 3, Civil Code)
Everyone, therefore, is conclusively
presumed to know the law 1. If laws will not be binding until they are actually known, then social life will be impossible, because most laws cannot be enforced due to their being unknown to many; 1. If laws will not be binding until they are actually known, then social life will be impossible, because most laws cannot be enforced due to their being unknown to many; 2. It is almost impossible to prove the contrary when a person claims ignorance of the law; 1. If laws will not be binding until they are actually known, then social life will be impossible, because most laws cannot be enforced due to their being unknown to many; 2. It is almost impossible to prove the contrary when a person claims ignorance of the law; 3. It is absurd to absolve those who do not know the law and increase the obligations of those who know it, and 1. If laws will not be binding until they are actually known, then social life will be impossible, because most laws cannot be enforced due to their being unknown to many; 2. It is almost impossible to prove the contrary when a person claims ignorance of the law; 3. It is absurd to absolve those who do not know the law and increase the obligations of those who know it, and 4. In our conscience, we carry norms of right and wrong, and a sense of duty, so that our reason indicates many times what we have to do and in more complicated juridical relations, there are lawyers who should be consulted. 5. “Evasion of the law would be facilitated and the administration of justice would be defeated if persons could successfully plead ignorance of the law to escape the legal consequences of their acts, or to excuse non-performance of their legal duties. 5. “Evasion of the law would be facilitated and the administration of justice would be defeated if persons could successfully plead ignorance of the law to escape the legal consequences of their acts, or to excuse non-performance of their legal duties.