Lesson 4 Flashcards
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
an instrument of control in both private and public affairs.
Law
Justice is the only feature that distinguished the state from a group of brigands.
St. Augustine
man when perfected is the best of animals, but when separated from law and justice, he is the worst of all
Plato
concerned with the origin of law and its growth and development
The Historical Concept
is a necessary influence to the existence of formal or positive law
Custom
commands of the state which are enforced by its sovereign political authority
Custom
Law should be valuable to the collectivity so as to generate an
attitude of general obedience
Laws were created on the principles of right and good.
The Philosophical Concept
law is an ordinance of reason for the common good, made by him who has a care of the community, and promulgated.
Thomas Aquinas
The concern is the creation of an ideal system of law based upon ethics and justice.
Philosophical concept
Law is a product of social needs
The Sociological Concept
who wrote Fundamental Principles of the Sociology of Law, considered the law as one manifestation of society and it must attain the desirable goals for which it was created
Eugen Ehrlich
concerned with the examination and analysis of the legal system, its processes and objectives.
The Positivist or Analytical Concept
Father of Utilitarianism
Jeremy Bentham
the law is a sovereign command from a superior to an inferior, enforced upon those under his authority and jurisdiction, and imposing penalties and sanctions to those people who do not obey
John Austin
What is more important rather than the rightness of a law
element of power and authority
emphasizes on what the law does and how its functions
The Functional Concept
Dean of Harvard
emphasized the importance of knowing the functions of the judicial system,
Roscoe Pound
law is the result of what the judiciary or an administrative institution does to balance competing interests in society in order that they will be able to enjoy equality of legal justice.
Social Engineering
not concerned with the contents of the law, whether such contents involve orders that are just, or serviceable to society, but are concerned in its structural form.
The Pure Science of Law Concept
law existed out of a definite procedure and a definite rule. It must be cleansed of all its extraneous elements.
Hans Kelsen
A reflection of divine reason in man, a manifestation of ethical belief that man seeks always to be good and not to do evil.
The rule of right reason that governs men to live perfectly as possible the kind of life which is suited to their natural endowments.
Natural Law
The traditional practices of a group of people which are carried on from generation to generation.
Customs
father of legal historicism, explained that an individual will come to be acquainted with the law only when it appears in the practices, manners and customs of the people. He said that “custom is the sign of the positive law
Frederich von Savigny
Laws made by the Parliament or Legislature
Statutes or Legislation
father of parliamentary democracy, considered legislative power as supreme in government only when it protects the life, liberty and property of the people.
John Locke
Judgments of the court
Judicial Decisions
founder of the American school of realistic jurisprudence, opined that law is made up of the decisions which the courts lay down.
John Chipman Grey
The most paramount and supreme law of the land that limits the powers of the government and its activities, and defines the relations between government and the citizens.
The Constitution
Laws that bind the actions of the signatories and govern their relationship.
Treaties
Orders and proclamations issued by the Chief Executive within the specific limits of his rule-making power.
Executive Orders and Proclamations
a collection of rules, laws and standards which simplified the Roman law. This influenced the making of the Napoleonic Code of 1804
Justinian Code
These are local laws that are intended to state a more or less permanent policy of a city or municipal government.
Formal statements of the will of the city or municipal council.
Ordinances
The basic legal system that provided the foundation for Civil Law and influenced the making of Common Law
The Roman Law
Customary law of roman law
Germanic or Teutonic Law
The Current Legal Systems
Civil law
The Common law system
international law
A legal system that came into being during the middle ages that was used to resolve legal problems in Europe.
It gives more emphasis on codes of law and statutes.
The Civil Law System
collection of works of the Roman law by Emperor Justinian
part dito yung civil law codes
Corpus Juris Civilis
This originated from England and was developed by judges of the king’s superior courts who travelled throughout the breadth and width of the kingdom to decide legal disputes based on the general customs of the people.
It attempts to have a uniform judicial approach to the interpretation of legislative, executive, judicial and administrative actions.
The Common Law System
Common law is also known as
judge-made law or case law
judges compare the past cases with present case and if they find significant similarities, then they apply the common law principles found in the previously decided cases to the case at hand and observe judicial process.
Stare decisis
A body of generally accepted principles, standards and rules regulating and controlling the conduct of nation-states, groups of people, and international organizations in their relationship with one another.
International Law
father of modern international law, wrote the first influential work on international entitled De jure belli ac pacis.
Grotius
Sources of International Law
Treaties
International customs
Generally recognized principles of law
Judicial decisions
Writings of publicists
Equity
This was developed to soften the harsh rules of the common law after the latter became rigid and inflexible.
The rule of equity
“keeper of the king’s conscience
Chancellor
Acts of grace by the chancellor were called?
Equity
Modern forms of equity
writ of injunction
writ of specific enforcement of contracts
writ of mandamus
