PTEL 1: Philosophy of Law Lesson 5 PDF

PTEL 1: PHILOSOPHY OF LAW Lesson 5 LAW: Meaning and its Major Areas LAW in defining law, Sanchez Roman made a distinction between the two senses the term law connotes: the general sense and the specific sense. In the...

PTEL 1: PHILOSOPHY OF LAW Lesson 5 LAW: Meaning and its Major Areas LAW in defining law, Sanchez Roman made a distinction between the two senses the term law connotes: the general sense and the specific sense. In the general sense (derecho), law is defined as the science of moral laws based on the rational nature of man. These moral laws govern his free activity for the realization of his individual and social ends. They are, by their very nature, demandable and reciprocal. When we speak of law in the general sense, we are referring to the abstract and moral conception of law. Morality recognizes that humans, as rational creatures, have free will, and that they have every right to exercise this free will to achieve their unique and individual aspirations. This right cannot be infringed and must be respected by other humans. In the specific sense (ley), law is defined as a rule of conduct. These rules of conduct are just and obligatory. They are promulgated by legitimate authority (typically by the Legislature). They are of common observance and benefit. Law in the specific sense is the common and popular definition of law. It refers to the rules established by an instrumentality of the State—usually the Congress—that either direct conduct, prohibit conduct, impose rights or duties, or repeal or modify another law. There is a presumption that these rules are just, and may only be struck down by an instrumentality of the State that has the power to do so. These rules must be observed by everyone under Philippine jurisdiction, subject to limitations imposed by the rules themselves. (Civil Law Reviewer by Desiderio P. Jurado) Major areas in Law (Philippines): 1. Political Law – is that branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. 2. Civil law – guarantees the right for individuals to receive equal treatment and prohibits discrimination. The civil law operates in areas such as family relations, property, succession, contract. 3. Criminal Law – is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment. 4. Corporation law – is the field of law that establishes the rules and regulations needed for corporations to form and function. 5. Labor Law – governs employment practices and labor relations. It regulates the relationship between unions and businesses dealing with issues regarding collective bargaining, union contracts, labor strikes, and union organization disputes. 6. Tax law – covers national and local taxes. National taxes refer to national internal revenue taxes imposed and collected by the national government through the Bureau of Internal Revenue (BIR) and local taxes refer to those imposed and collected by the local government. 7. Remedial law – is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion. 8. Legal ethics – is a branch of moral science, which treats of the duties which an attorney owes to the court, to the client, to his colleagues in the profession and to the public as embodied in the constitution, rules of court, the code of professional responsibility, canons of professional ethics, jurisprudence, etc.