Philosophy Law Flashcards
Order of sequence
It is any system of arrangement or consecutiveness, or any uniformity of a given phenomena
It is absolute compared to rule of action.
Point of nondeviation
It is a point in which all those concerned will cease and desist from certain activities or conduct which otherwise would result in loss or disadvantageous consequences, whether directly or indirectly.
Will-not category
There is a determination to abide with, or to avoid violation of, the rules and action and orders of sequence.
This force carries a connotation of future conformity, prospective agreement, or eventual compliance
The occasion or event when this determination is absent or lacking results in certain unpleasant consequences or damaging effects.
Cannot category
There is no other way except to obey or comply with a rule of action or an order of sequence no matter how much the desire exists in act otherwise.
There is a metapersonal drive to avoid deviation.
It is the category of non-deviation which gives the legal order the authority to punish lawbreakers.
Ought-not category
It is the obligatory form of non-deviation.
There seems to be a choice between action or inaction or between following a rule or refraining from following it.
Highest form of non-deviation
Divine Law (general sense)
It is the entire system of perfection which God in His infinite wisdom has imprinted in the whole of nature to govern its operations and where all that there in it is ran in perfect order.
Divine Law (strict sense)
It is the law of religious faith which concerns itself with the concepts of sin and salvation, or death and life, of the temporal and the spiritual.
Natural Law (Ancient Greek Sense)
It is the rational harmony and order of divergent things and events.
It is the unwritten law pervading and ruling the whole of nature without which the cosmos would be plunged into chaos.
Natural Law
It is the universal discipline of virtue impressed in the heart and mind of man to guide him in the exercise of his rights, in the performance of his obligations, in the observance of rules, and in the preservation of order and unity.
Law (general)
It is any rule of action or order of sequence from which any being whatsoever either will not, or cannot, or ought not to deviate.
Rule of action
It is any warrant, instruction, regulation, measure, or decision governing any act, conduct transaction, or proceeding, including their consequences.
It is relative compared to order of sequence.
All focalpoint of non deviation applies.
Moral Laws
It is a product of evolution
Moral norms
They are patterns of good an exemplary conduct which set the moral tone or feeling of the community.
They determine what conduct or behavior may or may not be followed or what acts may or may not be done.
They are applied by prescribing or imposing upon the members of the community certain definite patterns of behavior.
Social norms
It deals with objective conduct only.
It may even vary with each ethnic group in of a particular class of people.
e.g. practice of polygamy (acceptable in some parts of the PH especially by non Christians, but against social rules of the rest of the Filipino people - Christians)
Physical Law
It is a kind of non-jural law.
It is imperative (or fixed).
It is regular (because there is no break in their sequence or constancy once they are set into motion or operation.
Its norms can be reduced and worked out in mathematical formulas.
It operates inevitably, not depending on the human will.
e.g. laws of gravity
Law (in particular strict sense)
It refers to a statute.
It is a written enactment of the legislature of a State composed of definite provisions for definite situations or states of fact to which certain incentives and/or sanctions are attached as means of enforcement.
Legal incentive
It is a stimulus or motive developed through some extraneous influence operating on the individual members of society.
e.g. tax exemptions, tax reduction, government loans etc.
Legal sanctions
It is a coercive intervention or an eventual punishment annexed to a violation of a rule or regulation.
e.g. fines, imprisonment, banishment, loss or suspension etc
Law (in particular sense)
It is used loosely to refer to any rule, or regulation, or opinion given by a person learned in the law, an authorized official, or an agency of the State.
It refers to any contract, covenant or agreement.
Contract
It is legislative in character and so the contracting parties are said to be solemnly making law for themselves, provided it is not contrary to law, social interest or public policy of the State.
Law (in collective or aggregate sense)
It refers to the gross or bulk or specific or particular laws relating to one subject matter or obtaining in a given society.
e.g. Civil Law, Commercial Law, Remedial Law or Criminal Law (these laws refer to the totality of specific laws relating to one subject matter)
Substantive Law
It is the statutory, or written law, that defines rights and obligations.
Law of Persons and Family Relations
It is a type of substantive private law.
It defines the rights and obligations of the persons living in a politically organized society and regulating their personal and family relationships.
Law of Property and Property Rights
It is a type of substantive private law.
It defines the rights and obligations or persons living in a politically organized society in relation to property, including classes of legal things and proprietary concessions.
Law of Obligations and Contracts
It is a type of substantive private law.
It defines the nature and sources of legal duties, legal inabilities, legal liabilities and legal disabilities; the nature and sources of legal claims, legal privileges, legal powers, and legal immunities; and the nature and sources of rights and obligations arising from ex ques deleto, that is neither from delict nor from contracts but from the analogy of a delict.
Law of Trade and Commerce
It is a type of substantive private law.
It defines the right and obligations concerning land, sea and air traffic, shipment and business transactions as well as ships and vessels, their crew and navigation.
Constitutional Law
It is a type of substantive public law.
It deals with the rights and obligations arising from the relationship of the State to the people concerning the fundamental or supreme law of the land, more particularly, the organization, powers and functions of the State.
Public Administration Law
It is a type of substantive public law.
It is the body of legal rules defining the rights and obligations concerning the operation of the government both in its departmental or administrative functions and the functions of public officers in relation to private persons as well as the law on elections.
Criminal Law
It is a type of substantive public law.
It deals with the rights and obligations in connection with crimes, criminal and punishment or repression.
Adjective or Remedial or Procedural Law
It comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings.
Law of Civil Actions
It is a type of Private Procedural Law.
It deals with the rules by which a party prosecutes another for the enforcement or protection of a right or the prevention or redress of a wrong.
Law on Special Proceedings
It is a type of Private Procedural Law.
It deals with the processes which are not pursued in the ordinary manner or procedure.
Law of Criminal Procedure
It is a type of Public Procedural Law.
It deals with the rules defining legal remedies and procedure in criminal actions, whether they take on the nature of prosecutions of public or private crimes.
Special Law
It refers to the armed forces of the government and to the relations among sovereign States.
Military Law
It is a type of Special Law.
It deals with the system of rules and regulations for the creation, government and discipline of the armed forces.
It applies only to those in actual service in the armed forces.
Martial Law
It is type of Special Law.
It deals with the system of rules and regulations applied by the military power in times of war or in times of grave public danger, its specialty being found in the fact that it applies to all persons regardless of whether they are private citizens or in the service of the armed forces and ceasing as soon as the need for it can be dispensed with, that is when the situation has already returned to normal.
Public International Law
It is type of Special Law.
It deals with the system of rules and regulations and principles which govern the relations between sovereign states.
Law (in abstract sense)
It is used to mean a special form of social control.
It carries a reference to legal order which is necessary for the maintenance of ordered liberty.
It is made up not only of a body of precepts but also a body of traditional and received ideals.
In tagalog, “kautusan.”
Legal rules
They are laid down by the legislative fiat (policy debate).
They define or set the farthest limits of human actions and activities.
These rules are composed of definite provisions for definite states of fact and to which certain definite incentives or sanctions are attached as a means of enforcement.
Legal principles
They are authoritative premises for legal and juristic reasoning.
They do not contain incentive or sanctions.
Their importance lies in the fact that they may become the basis of new legal rules, concepts, and standards.
Legal concepts
They are general categories of legal materials defined or modified by considerations of social interest into which specific cases or factual situations may be classified.
They are important because it sets the materials of the law in proper order and symmetry, reducing the mass of legal rules into manageable size.
Legal Standards
They are meant models or criteria to test or measure the validity of specific acts for the purpose of determining possibility.
They are more flexible than either legal rules or legal concepts, making them applicable relatively according to the circumstances of each and every case.
There are no sanctions prescribed in the legal standards.
e.g. legal standards of fair competition, diligence and good faith
Legal standard of fair competition
It condemns acts characterized by force, intimidation deceit, machination, or any other unjust, oppressive or high-handed methods giving rise to a right of action by the person who thereby suffers damage.
Legal standard of diligence
It is designed to minimize or prevent wrongful acts or omissions.
Negligence is the absence of diligence.
Legal standard of good faith
It has for its essence “the honest belief in the validity of one’s right, ignorance of a superior claim, and absence of intention to overreach another.”
Precepts/Principles
It is a body of legal precepts with prescribed rules and instructions as well as directions and trends concerning a given subject matter.
Ideals
A body of traditional and received ideas that contain some purpose of right conduct.
Juristic Ideals
They are meant rational theories or syntheses which reshape or change the contents of a legal precepts.
Example: Ordered liberty by Justice Cardozo
Palko vs. Connecticut: certain rights may be withdrawn or abolished.
Malinksi vs. New York: due process of the law
Ethical Ideals
They are meant rational theories or syntheses of moral responsibility and decent individual and group behavior where the aim is towards perfection through high and good means.
They refer to what human conduct and expectations should be.
Political Ideals
They are meant rational theories or syntheses for the fuller direction of the political processes and for the maintenance of the general welfare and security of the people.
Economic Ideals
They are meant rational theories or plans for the healthy development of the economy of the country.
Historical school
It is one of the six schools of jurisprudence.
It appraises the law in the context of the common consciousness and intelligence of the people.
The question it seeks to answer is, “where did the law come from and how did it develop?”
Teleological school
It is one of the six schools of jurisprudence.
It is also known as Philosophical school
It considers the law in terms of man’s rational nature.
The question it seeks to answer is, “What is the end of law?”
Positivist school
It is one of the six schools of jurisprudence.
It is also known as Analytical school
It takes the law as conscious creation of the State.
The question it seeks to answer is, “What is the structure and content of the law?”
Realist school
It is one of the six schools of jurisprudence.
It is also known as Ontological school
It takes the law as something which the courts lay down as rules of conducts
The question it seeks to answer is, “Is the law verifiable in the decisions of the courts which apply it?”
Policy Science school
It is one of the six schools of jurisprudence.
It considers law in relation to the degree of success of a community in achieving certain socio-legal values.
The question it seeks to answer is, “What is the basis and the limits of an effective legal order in relation to its goal?”
