Introduction to Law

(General Nature of Law)

Meaning of law in general. Moral Law.
Law means any rule of action or any system of When we talk of moral law, we are speaking of
uniformity. the totality of the norms of good and right conduct
Law determines not only the activities of men as growing out of the collective sense of right and wrong of
rational beings but also the movements or motions of all every community
objects of creation, whether animate or inanimate.
Physical Law
General divisions of law. “In the operation or course of nature, there are
1. Law (in the strict legal sense) which is uniformities of actions and orders of sequence which are
promulgated and enforced by the state; and the physical phenomena that we sense and feel. They are
2. Law (in the non-legal sense) which is not known as the laws of physical science or physical law.”
promulgated and enforced by the state.
The first refers to what is known as the state law while State Law
the second includes divine law, natural law, moral law, The kind of law, however, which particularly
and physical law. concerns us in this work is the state law or the law that is
promulgated and enforced by the state.
Subjects of Law.
State law, Divine Law, and Moral Law are Characteristics of law
comprised in the definition of law as a rule of action. They The characteristics of law (in its specific sense)
apply to men as rational beings only. On the other hand, are:
physical law operates on all things, including men, 1. It is a rule of conduct
without regard to the latter’s use of their will poser and 2. It is obligatory
intelligence. It is called law only figuratively speaking. 3. It is promulgated by legitimate authority
4. It is of common observance and benefit
Divine Law.
Divine Law is the law of religion and faith which Sources of Law
concerns itself with the concept of sin (as contrasted with 1. Constitution. It is often referred to as the
crime) and salvation. fundamental law or supreme law or highest law
(1) Source – It is formally promulgated by God and of the land because it is promulgated by the
revealed or divulged to mankind by means of people themselves, binding on all individual
direct revelation. citizens and all agencies of the government. It is
(2) Sanction – lies in the assurance of certain rewards the law to which all other laws enacted by the
and punishments in the present life. legislature (as well as the administrative or
executive acts, orders and regulations having the
Natural Law. force of law) must conform.
Natural Law may then be defined as the divine 2. Legislation. It consists in the declaration of legal
inspiration in man of the sense of justice, fairness, and rules by a competent authority.
righteousness. 3. Administrative or executive orders, regulations,
(1) Binding Force. There is in every man a basic and rulings. They are those issued by
understanding of right and wrong based on an administrative officials under legislative
understanding of the fundamental standard or authority. Administrative rules and regulations
criterion of good and evil. In other words, there are intended to clarify or explain the law and
are some acts or conduct which man knows in his carry into effect its general provisions.
heart and his conscience, not by theorizing, but 4. Judicial decisions or jurisprudence. The
by the dictates of his moral nature, are simply decisions of the courts, particularly the Supreme
good or bad or evil Court, applying or interpreting the laws or the
(2) Compare to Divine Law. They are very similar, Constitution from part of the legal system of the
they are not, however the same. DL, as the law of Philippines.
religious faith. While, NL is to be said by 5. Custom. “It consists of those habits and practices
impressed in man as the core of his higher self. which through long and uninterrupted usage have
(3) Place in state law. Natural Law has been regarded become acknowledged and approved by society
as the reasonable basis of state law as binding rules of conduct.”
A custom must be proved as a fact according to
the rules of the evidence. (infra.) (Art. 12, Civil
Code.) It may be applied by the courts in the absence
 Introduction to Law
(General Nature of Law)
of law or statute exactly applicable to the point in
controversy. But customs, which are the contrary to
the law, public order or public policy are not
countenanced.
6. Other sources. To the above may be added
principles of justice and equity, decisions of
foreign tribunals, opinions of text writers, and
religion.