Vous êtes sur la page 1sur 3

LAW any rule of action or any system of uniformity.

. In general, it determines not only the activities of men as rational beings but also the movements or motions of all objects, whether animate or inanimate. General Divisions of law 1. Law ( in the strict legal sense) which is promulgated and enforced by the state; and 2. Law ( in the non-legal sense) which is not promulgated and enforced by the state. Subjects of Law State law, divine law, natural law and moral law are comprised in the definition of law as a rule of acion. They apply to men as rational beings only. On the other hand, physical law operates on all things, including men, without regard to the latters use of their will power and intelligence. It is called law only figuratively speaking. 1. DIVINE LAW the law of religion and faith which concerns itself with the concept of sin (as contrasted with crime) and salvation. a. Source: It is formally promulgated by God and revealed or divulged to mankind by means of direct revelation. b. Sanction: The sanction of divine law lies in the assurance of certain rewards and punishment in the present life or in the life to come. 2. NATURAL LAW the divine inspiration in man of the sense of justice, fairness, and righteousness, not by divine revelation or formal promulgation, but by internal dictates of reason alone. a. Binding force: There is in every man a basic understanding of right and wrong based on an understanding of the fundamental standard or criterion of good and evil. b. Compared to divine law: Divine law as the law of religious faith, is made known to man by means of direct revelation. Natural law 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. c. Place in state law: natural law has been regarded as the reasonable basis of state law. 3. MORAL LAW the totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community. a. Determination of right and wrong: The mores or ways of life were then eveolved which were always considered right and correct, and obedience to them was demanded by the group. b. Sanction There is no definite legal sanction (punishment imposed by law) for violation of purely moral law. c. Building force: Moral law is not absolute. It varies with the changing times, conditions, or convictions of the people. d. Place in the state law: Moral law, to a great extent, influences or shapes state law. 4. PHYSICAL LAW- in the operation or course of nature, there are uniformities of actions and orders of sequence, which are the physical phenomena that we sense and feel. They are known as the laws of physical science or physical law. a. Order or regularity in nature A law of physical science, being addresses 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. b. Called law only by analogy

5. STATE LAW The kind of law, however, which particularly concerns us in this work is the state law that is promulgated and enforced by the state. a. Order terms used: also called positive law, municipal law, civil law, or imperative law. It is the law that we refer to when we speak of law in connection with obligations and contracts, marriage, the administration of justice, the conduct of elections, and the entire governmental process itself. b. Binding force: As a rule of action, only state law is enforced by the state, with the aid of its physical force, if necessary. c. Concern of state law: State law does not concern itself with violations of the latter rules of actions unless they also constitute of its commands. Concepts of state law 1. General sense the mass of obligatory rules established for the purpose of governing the relations of purpose of persons in society. (A. Tolentino, Civil Code of the Philippines) 2. Specific law a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit. (I Sanchez Roman 3) Characteristics of law The characteristics of law ( in its specific sense) are: 1. It is a rule of conduct Law tell us what shall be done and what shall not be done 2. It is obligatory Law is considered a positive command imposing a duty to obey and involving a sanction which forces obedience. 3. It is promulgated by legitimate authority 4. It is common observance and benefit law is intended by man to serve man. It regulates the relations of men to maintain harmony in society and to make order and co-existence possible. Law must, therefore, be observed by all for the benefit of all. Necessity and functions of law 1. What would be life be without law? 2. What does law do? 3. What is our duty as members of society? Sources of law 1. Constitution the written instrument by which the fundamental power of the government are established, limited, defined, and by which these powers are distributed among several departments for their safe and useful exercise for the benefit of the people. 2. Legislation acts passed by the legislature are so-called enacted law or statute law. It also includes ordinances enacted by local government units. 3. Administrative or executive orders, regulations, and rulings administrative rules and regulations are intended to clarify or explain the law and carry into effect its general provisions.. Administrative acts are 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 or the Constitutional from part of the legal system of the Philippines. 5. Customs It consists of those habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules aof conduct. 6. Other sources To the above may be added principles of justices and equity, decisions of foreign tribunals, opinions of textwriters, and religion. Classifications of Laws 1. As to its purpose a. Substantive law or that portion of the body creating and defining rights and duties which may be either public or private in character. b. Adjective law or that portion of the body of law prescribing the manner or procedure by which rights may be enforced or their violations redressed. This sometimes called remedial law or procedural law. 2. As to its subject matter a. Public law or the body of legal rules which regulates the rights and duties arising from the relationship of the state to the people. (criminal law, international law, constitutional law, administrative law and criminal procedure) b. Private law or the body or rules which regulates the relations of individuals with one another for purely private ends. (civil law, commercial law or mercantile law, and civil procedure)