What Is Law (group1)

WHAT IS LAW? Aceveda, Arlene C. Fernandez, Walter O. Palmero, Ayzel Lea R.

LAW : DEFINITIONS • “any system of regulations to govern the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience.” • “Rules established by a governing authority to institute and maintain orderly coexistence.”

LAW : DEFINITIONS • “rules that may forbid individuals to perform various kinds of actions or that may impose various obligations on individuals.” • “a bond imposed upon the subjects by which their will is bound or in some way brought under compulsion in regard to the performance or the omission of definite actions”

LAW : DEFINITIONS • According to Aristotle - law has a compelling force • St. Paul - we are bound to obey the ordinances of the authorities not only through fear but also for conscience' sake • an ordinance of reason promulgated for the common good by a person in charged for its execution

LAW IN GENERAL • any rule of action or order of sequence from which any beings whatsoever either will not, or cannot, or ought not to deviate

LAW IN GENERAL • “WILL NOT” CATEGORY OF NONDEVIATION • “CANNOT” CATEGORY OF NONDEVIATION • “OUGHT NOT” CATEGORY OF NONDEVIATION

JURAL LAW • PARTICULAR • COLLECTIVE • ABSTRACT

JURAL LAW • PARTICULAR • batas, ley, legge, lex, nomoi, loi, and gezetz – Statute – Any rule or opinion promulgated by an agency of the state, or by a jurist, or by an authorized official of the government – Contract or Agreement

JURAL LAW • COLLECTIVE –SUBSTANTIVE –REMEDIAL/ADJECTIVE –SPECIAL

JURAL LAW • COLLECTIVE – SUBSTANTIVE PRIVATE LAW • law of persons and family relations • law of property • law of obligations and contracts • law of trade and commerce

JURAL LAW • COLLECTIVE – SUBSTANTIVE PUBLIC LAW • constitutional law • public administrative law • criminal law

JURAL LAW • COLLECTIVE – REMEDIAL PRIVATE LAW • law on civil actions • law on special proceedings – REMEDIAL PUBLIC LAW • law of criminal procedures

JURAL LAW • SPECIAL • military law • martial law • public international law

JURAL LAW • ABSTRACT – PRECEPTS DEFINING: • Rules • Principles • Concepts • Standards – Standards of fair competition – Standards of diligence – Standards of good faith

JURAL LAW • ABSTRACT – IDEAL • Juristic • Ethical • Political • Economic

NONJURAL LAW • DIVINE • GENERAL • STRICT

• NATURAL • MORAL • PHYSICAL

THREE USES OF LAW • • •

Law as Social Institution Law as Particular Institution Law as Proposition of Law

JURAL PARTICULAR

COLLECTIVE

Statute

Substantive Private

Public

1) law of persons and family relations 2) law of property 3)law of obligations and contracts 4) law of trade and commerce

1)constitutional law 2) public administrative law 3) criminal law

Rule or Opinion

Remedial

ABSTRACT Precepts defining: Rules Principles Concepts Standards Standards of fair competition Standards of diligence Standards of good faith

Ideals

Private

Public

Juristic

1) law on civil actions 2) law on special proceedings

1) law of criminal procedures

Ethical Political Economic

Contract or Agreement

Special 1) military law 2) martial law 3) public international law

NON JURAL DIVINE General Strict

NATURAL

MORAL

PHYSICAL