INTRODUCTION TO LAW
Law – means any rule of action or any system of uniformity 2 General Groups
Law (in the strict legal sense) – promulgated and enforced by state Law (in the non-legal sense) – not promulgated and enforced by state General Divisions of Law
o Law of religion and faith; concerns itself with the concept of sin and salvation
o Divulged to mankind by direct revelation
o Sanction lies in assurance of certain rewards and punishments in the present life or life to come
o Divine inspiration in man of the sense of justice, fairness & righteousness
o Internal dictates of reason alone
o Impressed in man as the core of his higher self
o Regarded as reasonable basis of state law
o Mores or ways of life
o Totality of norms of good and right conduct
o No definite legal sanction for violation of purely moral law o Not absolute; shapes/influences state law
o Uniformities of actions and orders of sequence
o Only law promulgated and enforced by state
o Also called: positive law, municipal law, civil law, imperial law
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Characteristics of (state) Law
1. It is a rule of conduct –tells us what to do and what not to do. It dictates behavior 2. It is obligatory- a positive command imposing a duty to obey and involving a sanc tion which forces obedience 3. It is promulgated by legitimate authority
4. It is of common observance and benefit- intended by man to serve man Necessity and functions of law
What would life be without law? Society has a need for internal order which is as constant as the need for external defense. What does law do? Law secures justice, resolves social conflict, orders society, protects interests, and controls social rela tions. No society can last and continue without means of social control, without rules of social order binding on its members. “Ultimate end of the law is justice”
Sources of Law
1. Constitution –a written instrument; ―highest law of the land‖ 2. Legislation- declaration of legal rules by a competent authority. Acts passed are called: enacted or statute law. 3. Administrative or Executive orders, regulations and rulings - issued by administrative officials under legislative authority. Valid only when they are not contrary to the laws and Constitution
4. Judicial decisions or jurisprudence- decisions of the courts. 5. Custom- consists of habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct.
6. Other sources
Law compared with other means of social control
Laws are made and administered by the only institutions in society authorized to act in behalf of the entire citizenry. Churches, for example, on ly act for their members
Only legal institutions within the society can make rules, regulations and orders with which the entire ci tizenry must comply. Rules of social & economic organizations govern only limited members
Citizens of state cannot free themselves from the impact of its rules and regulations unless they choose to leave the area wh ich the state is sovereign. People can terminate their membership in organizations to do this. Sanctions or techniques of control through law are more varied and complex than that available to organizations. Before law ―operates‖ on an individual, various procedural steps are required. Organization of Courts
1. Regular courts- Supreme courts, Court of Appeals, Regional Trial Courts, etc. 2. Special courts- special anti-graft court: Sandiganbayan, and Court of Tax Appeals – doesn’t entertain other cases 3. Quasi-judicial agencies- they involve also the settlement or adjudication of controversies or disputes Classification of Law
As to its purpose:
1. Substantive law- portion of the body of law creating and defining rights and...