This document discusses different types of law:
1) Divine law is based on religious texts like the Ten Commandments or Quran and concerns concepts like sin and salvation.
2) Natural law involves innate concepts of justice, fairness, and morality that are universally understood.
3) Moral law determines norms of conduct based on community senses of right and wrong.
4) State or positive law is promulgated and enforced by governments to govern relations in society and is the primary focus of legal study. It must be an obligatory rule issued by a legitimate authority for the common benefit.
This document discusses different types of law:
1) Divine law is based on religious texts like the Ten Commandments or Quran and concerns concepts like sin and salvation.
2) Natural law involves innate concepts of justice, fairness, and morality that are universally understood.
3) Moral law determines norms of conduct based on community senses of right and wrong.
4) State or positive law is promulgated and enforced by governments to govern relations in society and is the primary focus of legal study. It must be an obligatory rule issued by a legitimate authority for the common benefit.
This document discusses different types of law:
1) Divine law is based on religious texts like the Ten Commandments or Quran and concerns concepts like sin and salvation.
2) Natural law involves innate concepts of justice, fairness, and morality that are universally understood.
3) Moral law determines norms of conduct based on community senses of right and wrong.
4) State or positive law is promulgated and enforced by governments to govern relations in society and is the primary focus of legal study. It must be an obligatory rule issued by a legitimate authority for the common benefit.
This document discusses different types of law:
1) Divine law is based on religious texts like the Ten Commandments or Quran and concerns concepts like sin and salvation.
2) Natural law involves innate concepts of justice, fairness, and morality that are universally understood.
3) Moral law determines norms of conduct based on community senses of right and wrong.
4) State or positive law is promulgated and enforced by governments to govern relations in society and is the primary focus of legal study. It must be an obligatory rule issued by a legitimate authority for the common benefit.
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Introduction to Law a) Under the Old Testament, divine law is
embodied in the Ten Commandments. It is
THE GENERAL NATURE OF LAW believed by Christians that these laws were ▪ LAW formally given by God through Moses, the - Means any rule of action or any system of great Hebrew prophet and leader. uniformity. b) Divine law differs according to what one Thus, law, in general, determines not only the believes to have been established and activities of men as rational beings but also the communicated to mankind by revelation. movements or motions of all objects of creation, whether animate or inanimate. Divine law is embodied in the Muslim Quoran.
GENERAL DIVISIONS OF LAW. 2. Sanction – the sanction of divine law lies in the assurance of certain rewards and punishments in Law may be divided into 2 general groups: the present life or in the life to come. 1) Law (in the strict legal sense) which is promulgated and enforced by the state. ▪ Natural Law 2) Law (in the non-legal sense) which is not - May be defined as the divine inspiration in promulgated and enforced by the state man of the sense of justice, fairness, and righteousness, not by divine revelation or Note: the first refers to what is known as the state formal promulgation, but by internal law while the second includes divide law, natural dictates of reason alone. law, moral law, and physical law. 1. Binding force – natural law is ever present and binding on all men everywhere and at all times. State law, divine law, natural law, and moral law - There is in every man a basic understanding of right are comprised in the definition of law as a rule of and wrong based on an understanding of the action. They apply to men as rational beings only. fundamental standard or criterion of good and evil.
Physical law – operates on all things, including In other words, there are some acts or conduct men, without regard to the latter’s use of their will which man knows in his heart and his conscience, power and intelligence. It is called law only not by theorizing, but by the dictates of his moral figuratively speaking. nature, are simply good or bad or evil.
▪ Divine Law Thus, we know that killing for the sake of killing or - Is the law of religion and faith which stealing for the sake of stealing is bad or evil concerns itself with the concept of sin (as because it is contrary to what we believe is just, contrasted with crime) and salvation. fair, or righteous.
1. Source – it is formally promulgated by Go and 2. Compared to divine law
revealed or divulged to mankind by means of direct - Natural law and divine law are very similar, revelation. they are not, however, the same. Divine law - Law of religious faith. 4. Place in state law – moral law, to a great extent, - Is made known to man by means of direct influences or shapes state law. revelation. ▪ Physical law Natural law “In the operation or course of nature, there are - Is said to be impressed in man as the core uniformities of actions and orders of sequence of his higher self at the very moment of which are the physical phenomena that we sense being or, perhaps, even before that. and feel. They are known as the laws of physical science or physical law.” 3. Place in state law - Natural law has been regarded as the reasonable 1. Order or regularity in nature – a law of physical basis of state law. science, being addressed to objects which have no power to disobey, is in reality nothing more than ▪ Moral law an order or regularity in nature by which certain When we talk moral law, we are speaking of the results follow certain causes. totality of the norms of good and right conduct growing out of the collective sense of right and 2. Called law only by analogy – in other words, this wrong of every community. order regularity is called law only by analogy.
1. Determination of what is right and wrong. ▪ State law
2. Sanction. - as distinguished from the state law, This kind of law, however, which particularly there is no definite legal sanction for violation of concerns us in this work, is the state law, or the law purely moral law. that is promulgated and enforced by the state.
Note: This law is also called positive law,
Sanction – punishment imposed by law like municipal law, civil law, or imperative law. imprisonment and/or payment of fines or It is the law that we refer to when we speak damages. of law in connection with obligations and contracts marriage, the administration of 3. Binding force. - moral law is not absolute. justice, the conduct of elections, and the It varies with the changing times, conditions or entire governmental process itself. convictions of the people. As a rule of action, only state law is enforced by the state, with the aid of its Example: physical force, if necessary. Polygamy is considered immoral (it is also a crime) State law does not concern itself with in the Philippines, whereas, it is allowed in some violations of the latter rules of action unless parts of the world. they also constitute violations of its command. Term: Polygamy is a type of relationship that typically involves a person marrying more than one partner CONCEPTS OF (STATE) LAW. The term law may be understood in 2 concepts:
1. General sense – the term refers to all of the laws
taken together. It may be defined as “the mass of obligatory rules established for the purpose of governing the relations of persons in society.”
Examples of the use of law in this sense are:
a) Law of land b) Rule of law and not of men c) Equality before the law d) Enforcement of the law
2. Specific Sense – the term has been defined as “a
rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.”
CHARACTERISTICS OF LAW. 1) It is a rule of conduct. – Law tells us what shall be done and what shall not be done. As a rule of human conduct, law takes cognizance of external acts only. 2) It is obligatory – law is considered a positive command imposing a duty to obey and involving a sanction which forces obedience; 3) It is promulgated by legitimate authority. – in a democratic country, like the Philippines, the legitimate or competent authority is the legislature. Under the constitution, law called “ statutes” are enacted by congress which is the name of the legislative branch of our government; local government units are also empowered to enact ordinances which have the binding forces of laws; 4) It is of common observance and benefit. – laws us intended by a man to serve man. It
On Orthodox Regard for Non-observant Jews (Thoughts on Kashruth Certification Policies), and on Sociology Leading to Polemicism in Halakhah (on German Neo-Orthodox Responses to Reform and Haredi Responses to Modernity)
