Introduction to Law (6th Edition) PDF

Introduction to Law 6th Edition Rolando A. Suarez Law – in its broadest sense, means any rule of action or norm of conduct applicable to all kinds of action and to all objects of creation. In this sense therefore, it includes all laws, whether they refer to state law, physical law, divine law, and...

Introduction to Law 6th Edition Rolando A. Suarez Law – in its broadest sense, means any rule of action or norm of conduct applicable to all kinds of action and to all objects of creation. In this sense therefore, it includes all laws, whether they refer to state law, physical law, divine law, and others. In a strict legal sense, law is defined as a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit (Sanchez Roman, 23) Law has the following elements: 1. It is a rule of conduct – laws serve as guides of an individual in relation to his fellowmen and to his community. 2. Law must be just – Laws, as guides for human conduct, “should run as golden threads through society, to the end that law may approach its supreme ideal which is the sway and dominance of justice. 3. It must be obligatory – if laws are not enforced, the purpose for which they are intended will not be served 4. Laws must be prescribed by legitimate authority – if laws are not prescribed by legitimate authority, the people could not be expected to observe them. Authority to make laws is conferred upon those duly chosen by the sovereign will of the people. This is in consonance with Section 1, Article II of the Philippine Constitution which says that “sovereignty resides in the people and all government authority emanates from them. 5. Laws must be ordained for the common benefit – this recognizes the famous Latin maxim of “Salus Populi est Suprema Lex” – the welfare of the people shall be the supreme law. Laws should be applied not only to a particular group of citizens. They are supposed to be applied equally to all citizens regardless of their religion, political persuasion, and status in life. Classification of Law 1. Natural Law – this law derives its force and authority from God. It is superior to other laws. It is binding to the whole world, in all countries at all times. a. Physical Law – Universal rule of action that governs the conduct and movement of things which are non-free and material. b. Moral Law – Set of rules which establishes what is right and what is wrong as dictated by the human conscience and as inspired by the eternal law. 2. Positive Law a. Divine Law  i. Divine Positive Law , i.e. – Ten Commandments ii. Divine Human Positive Law , i.e., Commandments of the Church. b. Public Law i. Constitutional Law – is the fundamental law of the land which defines the powers of the government ii. Administrative Law – that law which fixes the organization and determines the competence of the administrative authorities and which regulates the methods by which the functions of the government are performed. iii. International Law – body of rules which regulate t he community of nations. iv. Private Law - Body of rules which creates duties, rights and obligations, and the means and methods of setting courts in motion for the government of a right or of a redress of wrong. 1. Substantive Private Law – those rules which declare legal relations of litigants when the courts have been properly moved to action upon facts duly presented to them. 2. Procedural or Adjective Private Law – refers to the means and methods of setting the courts in motion, making the facts known to hem and effectuating their judgments.