Rule of law: Political Science

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Transcript of Rule of law: Political Science

  • 1. THE RULE OF LAW CHAPTER 5 RYAN ALLEN / YANI MARINAS
  • 2. DEFINITION OF LAW Any system of regulations to govern the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience. Law is the hallmark, or the very essence of the nation- state. It is defined as the rules, principles, standards and processes devised by the state that govern the relationships and regulate the conduct of men in an organized society.
  • 3. For Political Scientists and Theorists It is defined as the rules, principles, standards, and processes devised by the state that govern the relationships and regulate the conduct of men in an organized society. Law is the hallmark, or the very essence of the nation- state. In political science, the term law refers to positive law.
  • 4. Positive Law Positive Law is defined as the commands of the state, which are enforced by its sovereign political authority. These commands may be in the form of statutes, which are enacted by the national legislature; decrees, orders and proclamations that are issued by the sovereign ruler; judicial decisions; local laws or ordinances; and administrative rules and regulations.
  • 5. Concept About the Nature of Law The Historical Concept The Philosophical Concept The Sociological Concept The Positivist or Analytical Concept The Functional Concept The Pure Science of Law Concept
  • 6. Historical Concept The jurist who advocate historical concept are interested in the origin of law and its growth and development. They are also concerned with the causes of the changes and growth of the law. They believe that the law should be related to the social environment in which it has developed.
  • 7. The Philosophical Concept Regard the law as having been created on the principles of right and good. The law is always right and that it should be used by the political authority as a means of achieving goals for promoting social justice and the common good.
  • 8. The Sociological Concept A product of social needs, and the purpose of the law is to serve the society. Examples: Anti-Drug Law
  • 9. The Positivist or Analytical Law
  • 10. Sources of Law Natural Law Customs Statutes or Legislation Judicial Decisions The Constitution Treaties Executive Orders and Proclamations Codes Ordinaces
  • 11. The Current Legal System The Roman Law The Civil Law System The Common Law System International Law
  • 12. The Rule of Equity Refers to a system of rules that provides remedies requiring a person to perform or restrain him from doing an act to the extent that fairness and justice will be attained for the person who has been unjustly treated. Equity is based on a judicial assessment of fairness as opposed to the strict and rigid rule of common law. For centuries, the common law was referred to as the law, in contrast with equity. As to the most common criticism of equity