INTRODUCTION-TO-THE-LAWS-ON-PRIVATE-AND-PUBLIC.pdf

INTRODUCTION TO THE LAWS ON PRIVATE AND PUBLIC LANDS OVERVIEW OF LAW IN GENERAL – HIERARCHY AND DIMENSIONS OF LAW POLITICAL PHILOSOPHY: LAW ► What is law? ► A certain rule and measure of acts whereby man is induced to act or is restrained of acting. NATURE OF LAW ► Rational command promu...

INTRODUCTION TO THE LAWS ON PRIVATE AND PUBLIC LANDS OVERVIEW OF LAW IN GENERAL – HIERARCHY AND DIMENSIONS OF LAW POLITICAL PHILOSOPHY: LAW ► What is law? ► A certain rule and measure of acts whereby man is induced to act or is restrained of acting. NATURE OF LAW ► Rational command promulgated by the one or ones who have care of a perfect community for the sake of the common good of that community ► A. Rational command ► B. Promulgated ► C. By the one or ones who have care of a perfect community ► D. For the sake of the common good of that community RATIONAL COMMAND ► It must not contradict any pre-existing law that has the force of law. Such a pre-existing law could be a higher law. BY THE ONE OR ONES WHO HAVE CARE OF A PERFECT COMMUNITY ► A law must be issued by those who have true political authority in that community. FOR THE SAKE OF THE COMMON GOOD OF THAT COMMUNITY ► Laws must have as their purpose the preservation and promotion of the common good of a particular community. PROMULGATED ► “Ignorance of the law excuses no one.’’ DIFFERENT KINDS OF LAW ► 1. Eternal law ► 2. Divine law ► 3. Natural law ► 4. Human law ETERNAL LAW ► The eternal law is “god’s idea of the government of things in the universe” ► Divine reason and wisdom comprises an eternal law – a law governing the whole creation, a law not made but eternally existing and therefore unknowable to humans entirely, yet the source of all true law on earth. Example. The weather DIVINE LAW ► What human beings can know of God’s eternal law only by way of a special divine revelation from god is what divine law is. NATURAL LAW ► “The natural law is nothing else than the rational creature's participation of the eternal law” Example. The concept of human rights, such as the right to life and liberty, which are considered inherent to all humans and recognized across different societies. NATURAL LAW ► Natural law implies a rational creature’s natural understanding of himself or herself as a being that is obligated to do or refrain from doing certain things, where he or she recognizes that these obligations do not derive their force from any human legislator. ► moral Characteristics Universal and applicable to all people regardless of culture or time. Based on human nature and the pursuit of good while avoiding evil. Can be discerned through human reason without needing specific revelation. HUMAN LAW/MAN-MADE LAW ► Laws Made By Humans ► Doesn’t Repress All Vices ► There Is An Exemption “Immunity” ► Human Laws Can Be Changed Characteristics Created by legislative bodies or other authorities within a society. Can vary widely between different cultures and legal systems. Meant to ensure order, justice, and the common good within a society. HUMAN LAW/MAN-MADE LAW ► Traffic laws, ► tax regulations, or ► criminal codes, such as laws against theft or murder CLASSIFICATIONS OF LAW ► The classifications of law are the different categories into which all areas of law can be collated. A particular classification of law encompasses all types of law but it distributes them according to a particular unique characteristic. PUBLIC AND PRIVATE LAW Public law can be defined as that aspect of law that deals with the relationship between the state, its citizens, and other states. It is one that governs the relationship between a higher party — the state — and a lower one, the citizens. Examples of public law include constitutional law, administrative law, criminal law, international law and so on. PUBLIC AND PRIVATE LAW Private law, on the other hand, is that category of the law that concerns itself with the relationship amongst private citizens. Examples include the law of the person, law of property, law of obligation, conflict of laws The law of obligation is further divided into 3 classes. These are contracts, quasi contracts, torts. ◦ Contracts: Involve voluntary agreements between parties, creating enforceable obligations based on mutual consent. ◦ Quasi-Contracts: Imposed by law to prevent unjust enrichment, creating obligations as if there were a contract, even though there was no agreement. ◦ Torts: Involve civil wrongs or breaches of legal duties that cause harm, leading to liability and the right to seek compensation. CIVIL LAW AND CRIMINAL LAW Civil law in this regard can be defined as the aspect of law that deals with the relationship between citizens and provides means for remedies if the right of a citizen is breached. Examples of civil law include the law of contract, the law of torts, family law, civil code of the Philippines, etc. Criminal law, on the other hand, can be referred to as that aspect of law that regulates crime in the society. It punishes acts which are considered harmful to the society at large. Administrative law Administrative law governs the actions and operations of government agencies. It involves the rules, regulations, and procedures that these agencies create and enforce, as well as the legal principles governing the administration and regulation of government functions. SUBSTANTIVE AND PROCEDURAL LAW Substantive law is the main body of the law dealing with a particular area of law. For example, the substantive law in relation to criminal law includes the criminal code act and the penal code act. Procedural law, on the other hand, is law that deals with the process which the courts must follow in order to enforce the substantive law. Examples include the rules of the various courts and the administration of criminal justice act 2015, which is the procedural law in relation to the criminal code act and the penal code act. MUNICIPAL/DOMESTIC AND INTERNATIONAL LAW Municipal/domestic law is the aspect of law which emanates from and has effect on members of a specific state. International law, on the other hand, is the law between countries. It regulates the relationship between different independent countries and is usually in the form of treaties, international customs etc. Examples of international law include the universal declaration of human rights and the African charter on human and people’s rights. WRITTEN AND UNWRITTEN LAW A law would not be regarded as written just because it is written down in a document. Written laws are those laws that have been validly enacted by the legislature of a country. Unwritten laws, on the other hand, are those laws that are not enacted by the legislature. They include both customary and case law. Customary law as part of its basic characteristic is generally unwritten. Case law, though written down in a documentary format, would be regarded as unwritten law based on the fact that it is not enacted by the legislature. Determine what type of law applies? Scenario 1: A government agency enforces a new environmental regulation that affects local businesses. Scenario 2: A person is arrested for theft and faces criminal charges. Scenario 3: Two companies are in a dispute over a breached contract. Determine what type of law applies? Scenario 1: A government agency enforces a new environmental regulation that affects local businesses. (Administrative Law) Scenario 2: A person is arrested for theft and faces criminal charges. (Criminal Law) Scenario 3: Two companies are in a dispute over a breached contract. (Civil Law)