Introduction to Law: Divine and Natural Law

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Questions and Answers

[Blank] refers to a set of rules and regulations enforced by a governing authority to maintain social order and ensure justice.

Law

[Blank] law, unlike state law, is not promulgated and enforced by the government, encompassing concepts like divine, natural, and moral principles.

Non-legal

Violations of ______ law typically carry spiritual sanctions, such as the promise of salvation or the threat of damnation, focusing on moral and spiritual offenses rather than earthly crimes.

divine

[Blank] law is based on the belief that certain moral principles are inherent in human nature and discoverable through reason rather than divine or governmental authority.

<p>Natural</p> Signup and view all the answers

The concept of ______ rights, as a subset of moral law, reflects the collective values of a society or community regarding fundamental human entitlements.

<p>human</p> Signup and view all the answers

Physical law governs the universe, dictating the regularities and order observed in nature, such as the law of ______ and Newton's laws of motion.

<p>gravity</p> Signup and view all the answers

[Blank] law, which includes criminal and civil laws, is enacted by governments to regulate society and is enforced by state institutions.

<p>State</p> Signup and view all the answers

One function of law is to maintain social, political, and economic stability while also facilitating ______ within society.

<p>change</p> Signup and view all the answers

Law serves to protect the private ownership of ______ and assists in creating voluntary agreements, known as contracts, for exchanges of property and services.

<p>property</p> Signup and view all the answers

A key characteristic of law is that it is ______, imposing a duty to obey and involving a sanction that forces obedience.

<p>obligatory</p> Signup and view all the answers

For a law to be valid, it must be promulgated by ______ authority, which implies that it is enacted by a recognized and legitimate governing body.

<p>legitimate</p> Signup and view all the answers

The ______, serving as the supreme law of the land, binds all citizens and government agencies and is promulgated directly by the people.

<p>Constitution</p> Signup and view all the answers

[Blank], as a source of law, comprises legal rules declared by a competent authority and is a primary source of law in many jurisdictions.

<p>Legislation</p> Signup and view all the answers

Administrative or executive orders, regulations, and rulings are issued by administrative officials to clarify or explain the law and give effect to its general ______.

<p>provisions</p> Signup and view all the answers

[Blank] decisions, particularly those of the Supreme Court, interpret laws and the Constitution, forming part of a country's legal system.

<p>Judicial</p> Signup and view all the answers

Flashcards

Definition of Law

Rules enforced by a governing authority to maintain order and ensure justice.

State Law

Law enacted and enforced by the state.

Divine Law

Rules believed to originate from a divine or higher power, concerning sin and salvation.

Natural Law

Moral principles inherent in human nature, discoverable through reason.

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Moral Law

Rules of right and wrong shaped by societal values.

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Physical Law

Laws that govern the physical universe.

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Function of Law

To maintain stability and allow for change.

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Law of Conduct

Law tells us what should and should not be done.

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Law is obligatory

Law imposes a duty to obey, with sanctions for disobedience.

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Constitution

It is often referred to as the supreme law of the land.

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Legislation

Declaration of legal rules by a competent authority.

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Executive Orders

Clarify or explain the law.

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Customs

Habits and practices approved by society as binding rules.

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Sin

Focuses on moral and spiritual violations.

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Crime

Violation of state laws.

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Study Notes

  • Law is a set of rules and regulations enforced by a governing authority to maintain social order and ensure justice.
  • Law is a discipline concerned with a community’s customs, practices, and rules of conduct recognized as binding.

Division of Law

  • Law (in the strict legal sense) is promulgated and enforced by the state (state law).
  • Law (in a non-legal sense) is not promulgated and enforced by the state, such as divine, natural, moral, and physical laws.

Divine Law

  • Divine law comes directly from a divine or higher power.
  • Divine law deals primarily with concepts of sin and salvation.
  • Divine law focuses on moral and spiritual violations, where sin is an offense against God’s will.
  • Crime is a violation of state laws.
  • Divine law is communicated directly by God, often through sacred texts or prophets.
  • Consequences of violating divine law are spiritual, with the promise of eternal reward or punishment.

Natural Law

  • Natural law asserts that moral principles are inherent in human nature.
  • Moral principles can be discovered through reason.
  • Examples: the right to life; murder being wrong, regardless of legal systems or cultural differences.

Moral Law

  • Moral law refers to rules of right and wrong shaped by the collective values of a society or community.
  • Examples: Human rights and animal rights.

Physical Law

  • Physical law governs the physical universe.
  • Physical laws describe regularities and order observed in nature.
  • Physical law applies to all matter and energy, regardless of human actions.
  • Examples: Law of Gravity and Newton’s Laws of Motion.

State Law

  • State law is enacted by governments to regulate society.
  • State laws are created through formal legislative processes.
  • State law is enforced by state institutions, such as the police and courts.
  • Examples: Criminal laws and Civil Laws like property and divorce law.

Functions of Law

  • Maintain social, political, and economic stability while permitting change.
  • Protect private property ownership and assist in making voluntary agreements (contracts).
  • Preserve the state.

Characteristics of Law

  • It is a rule of conduct stating what shall and shall not be done.
  • It is obligatory, imposing a duty to obey with sanction for disobedience.
  • It is promulgated by legitimate authority.
  • It is of common observance and benefit, intended to serve and regulate society, thus observed by all for the benefit of all.

Sources of Law

  • Constitution: It is the fundamental or supreme law, promulgated by the people.
  • Legislation: It consists of a competent authority's declaration of legal rules and is a major source of law.
  • Administrative Orders: It is issued by administrative officials under legislative authority to clarify or explain the law
  • Judicial decisions (jurisprudence): Decisions of the courts, particularly the Supreme Court, interpreting laws or the Constitution.
  • Customs: Habits and practices acknowledged and approved by society as binding rules of conduct.

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