Elements of Law

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Questions and Answers

Which of the following best describes the role of law as a 'rule of conduct'?

  • Laws dictate specific actions individuals must take in all situations.
  • Laws serve mainly to document historical practices and traditions of a society.
  • Laws primarily focus on regulating the internal thoughts and beliefs of individuals.
  • Laws offer guidelines for individuals in their interactions within the community. (correct)

What is the most accurate interpretation of the element that 'law must be just'?

  • Laws must be based on ancient traditions.
  • Laws should ensure equality and fairness in society, promoting justice for all. (correct)
  • Laws should be applied uniformly to all citizens, regardless of their background.
  • Laws should reflect the personal opinions and preferences of lawmakers.

Why is the 'obligatory' nature of law crucial for maintaining social order?

  • It ensures that laws are enforced, serving their intended purpose and maintaining compliance. (correct)
  • It enables authorities to arbitrarily enforce laws without consistent standards.
  • It provides a framework for individuals to challenge laws deemed unjust.
  • It allows individuals to selectively follow laws based on their convenience.

What is the significance of the concept that laws must be 'prescribed by legitimate authority'?

<p>It confirms that law-making authority is given to those chosen by the people. (A)</p> Signup and view all the answers

In the context of law, what does 'ordained for the common benefit' primarily imply?

<p>Laws should equally apply to all citizens, irrespective of their background. (A)</p> Signup and view all the answers

Which of the following scenarios violates the principle that 'laws must be just'?

<p>A law that allows discrimination based on ethnicity in hiring practices. (D)</p> Signup and view all the answers

How does the concept of 'sovereignty' relate to the legitimacy of laws?

<p>Sovereignty establishes that ultimate authority resides in the people, who delegate law-making power. (B)</p> Signup and view all the answers

What is the practical implication of 'Salus Populi est Suprema Lex' in the application of laws?

<p>Laws should prioritize the well-being and welfare of the general populace. (D)</p> Signup and view all the answers

Which situation exemplifies a law that is NOT 'ordained for the common benefit'?

<p>A law that grants exclusive rights and privileges to a small group of influential individuals, without regard for the broader impact on society. (C)</p> Signup and view all the answers

How does the 'rule of conduct' aspect of law contribute to societal stability?

<p>By providing clear guidelines and expectations for behavior, reducing uncertainty and conflict. (A)</p> Signup and view all the answers

Flashcards

Law (Broad Sense)

Any rule of action or norm of conduct applicable to all actions and creations.

Law (Strict Legal Sense)

A rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit.

Law as a Rule of Conduct

Laws guide individuals in their interactions within the community.

Justice in Law

Laws should promote fairness and equity in society.

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Obligatory Nature of Law

Laws must be enforced and have a binding force.

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Legitimate Authority

Laws must be created by those with the legal power to do so.

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Common Benefit

Laws must be designed to improve the well-being of all people.

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"Salus Populi est Suprema Lex"

The welfare of the people shall be the supreme law.

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Equal Application of Laws

Law should apply equally to all citizens, regardless of background.

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Study Notes

  • Law, in its broadest sense, is any rule of action applicable to all actions and creations.
  • In a strict legal sense, law is a just and obligatory rule of conduct, prescribed by legitimate authority for common observance and benefit.

Elements of Law:

  • Law is a rule of conduct to guide individuals in relation to others and the community.
  • Law must be just, serving as a guide for human conduct.
  • Law must be obligatory, meaning it must be enforced to serve its intended purpose.
  • Law must be prescribed by legitimate authority, meaning it must be established or formulated by those duly chosen by the sovereign will of the people.
  • Law must be ordained for the common benefit, as emphasized by the Latin maxim "Salus Populi est Suprema Lex" (the welfare of the people shall be the supreme law).
  • Laws should be applied equally to all citizens, regardless of religion, political persuasion, or status in life.

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