The Law and Its Inherent Nature

THE LAW AND ITS INHERENT NATURE

FRANKIE ASPIRA FRAN

Presenter

MEM Student

Lesson 1: The Law and its Inherent Nature

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“Precaution is better than cure.”


“A law each day,

keeps trouble away.”



THE LAW AND THE ALARM CLOCK

THE LAW AND ITS REQUISITES


The Law and its Requisites


A law is an ordinance (an active

and authoritative ordering or

directing of human acts in

reference to an end to be

attained by them).

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It is an ordinance of reason, and

not just an arbitrary or

whimsical decree of legislator’s

will. It must be just, honest,

possible of fulfillment, useful

and permanent as well as

promulgated.

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It must be promulgated for the

common good. This is the

purpose of law. It is not meant

to impose hardship or needless

restriction upon its subjects,

but to promote true liberty

among them.

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A law is promulgated in the

society.

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A law if promulgated by one who

charge and care of the

community or society. The

author of a law is a lawgiver or

legislator. To ensure observance

of such laws, the author of the

law establishes sanctions for

the law, inducements that are

strong to lead reasonable men

to follow the prescriptions of the

law.

Morals are the principles on which one’s

judgments of right and wrong are based.

Ethics are principles of right conduct.

The main difference is that morals are

more abstract, subjective, and often personal

or religion-based, while ethics are more

practical, conceived as shared principles

promoting fairness in social and business

interactions.


MORALS VS ETHICS

It is defined as:

the mandatory aspect of the

objective moral order.

a participation in the eternal law

by the rational creature.

a dictate of reason concerning

natural goods.


NATURAL LAW

The basic principles of Natural Law refer to

the immediate dictates of man’s natural

reason. These partake of the self-evident

principles.

The first principle is the very basis of all laws

whether education laws, criminal or civil

laws:

Good is to be done and evil is to be avoided.

This is actually the golden rule:

Do to other men all that you would have them

do to you.


Natural Law Principles

Functions of the

Human Positive Laws

It determines and specifies what is

vague in the Natural Law.

It draws conclusion from the Natural

Law.

It emphasizes and codifies clear

precepts of the Natural Law.


Man (Human Authority) Makes the

Law: The Positive Laws

It is defined as:

the particularized determination

of, or conclusions from, or

accentuated formulation of, the

general precepts of the Natural

Law.


Definition of Positive Law


Comparison of Positive Law

with Natural Law

Natural Law is:

Fundamental

Absolutely

necessary

Unchangeable

Same everywhere

and always

Universal, for all

men

Known by reason

Positive Law is:

Additional

Relatively necessary

Changeable

Different in different

places and times

Restricted for

particular

communities

Imposed by

authorities


LAW IN A GENERAL SENSE

NOMINAL DEFINITION

• It derived possibly from legere, leer, or

lagu which is cognate with “to lay”. It is

something (a norm) laid down, a Gesetz,

a statute.

REAL DEFINITION

• It is an ordinance of reason for the

common good, promulgated by one who

has care of the community; or

• It is an ordinance of reason by legitimate

authority for the needs of the

community.

An act of putting something in

order or of issuing a directive


ORDINANCE

Not of the will which use power and

sheer caprice but of prudent

deliberation of existing conditions

of practical judgment about proper

actions.


OF REASON

Not for the good of an individual but

for the benefit of all. This is based

on the Latin maxim, which runs:

Salus populi est suprema lex.


FOR THE COMMON GOOD

Made known by official notification

(Positive Law) and by objective

evidence (Natural Law)


PROMULGATED

Legitimately established or single

or directorate, assembly.


BY AUTHORITY

It must be morally good.

Just; equal distribution of the privileges and

burden according to distributive justice.

Possible, morally and physically; heroism

cannot be prescribed.

Relatively necessary; the community suffers

when there are too many laws and likewise

when there are too few;

Relatively permanent; too frequent changes

cause confusion and disrespect.


QUALITIES OF LAW

According to their immediate authors:

Divine Law Human Law

According to their duration:

Temporal Eternal

According to the manner of their promulgation:

Natural Law Positive Law

According to how they prescribed an act or

forbid it:

Affirmative Negative

According to the effect of their violation:

Moral Penal Mixed


CLASSIFICATION OF LAWS IN GENERAL

Law as a social institution.

Law as a particular type of rule or

prescription

Law as the propositions of law

(Dworkin, as cited by Aquino, 1994)


Three Uses of the Word “Law”

Mandatory, which commands that

something be done;

Prohibitory, which commands that

something not be done; and

Permissive, which commands that

what it permits should be

tolerated.

(Tolentino, as cited by Aquino, 1994)


Three-fold Division or Typology of Law

A rule of human conduct;

Promulgated by competent authority;

Obligatory; and

of general observance.


Four Essential Features of Law as a Norm


The Welfare and Working

Conditions of Teachers

Handbook in Legal Bases of Education

Second Edition by Prisciliano T. Bauzon

Philippine Copyright, 2006, 2012 by Prisciliano T. Bauzon

and National Bookstore

Lesson 1: The Law and its Inherent Nature Page 28

REFERENCES

The Law and Its Inherent Nature

Education

Transcript of The Law and Its Inherent Nature