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The General Nature of Law

The General Nature of Law


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.

The rule, therefore, is dictated not only by


expediency but also by necessity”