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

1) military law2) martial law3) public international law

SpecialContract or Agreement

1) law of criminal procedures

1) law on civil actions2) law on special proceedings

PublicPrivate

Ideals

Juristic

Ethical

Political

Economic

RemedialRule or Opinion

1)constitutional law2) public administrative law3) criminal law

1) law of persons and family relations2) law of property3)law of obligations and contracts4) law of trade and commerce

PublicPrivate

Precepts defining:RulesPrinciplesConceptsStandardsStandards of fair competitionStandards of diligence Standards of good faith

SubstantiveStatute

ABSTRACTCOLLECTIVEPARTICULAR

JURAL

Strict

General

PHYSICALMORALNATURALDIVINE

NON JURAL