Philosophy of Law Flashcards
Three (3) types of point of non-deviation
1) will-not category
2) cannot category
3) ought-not category
Four (4) kinds of non-jural law
1) Divine law
2) natural law
3) moral law
4) physical law
Four (4) precepts of natural law.
1) justice
2) equality
3) fairness
4) righteousness
Four (4) distinct classes under which any kind of rule of action or order of sequence may be subsumed
These distinct classes are comprised of all rules and orders which determines the:
1) activities of man
2) motion and even the instincts of dumb creatures.
3) origin and growth of living organisms
4) movements and courses of inanimate bodies or masses
Four (4) applications of natural law theory
1) justificative
2) oppositive
3) regulative
4) interpretative
Two (2) types of orders upon which present day life is based
1) distinct legal order
2) separate moral order
Three (3) characteristics of moral norms
1) absolute
2) positive
3) peremptory (not open to appeal or challenge)
Three (3) distinct senses of law (in jural terms)
1) the particular
2) the collective
3) the abstract
First and second uses compromise (which has been called lawyer’s law).
Three (3) divisions of enacted law
1) Substantive Law
2) Adjective or Remedial Law
3) Special Law
Four (4) types of Substantive Private Law
1) Persons and Family Relations Law
2) Property and Property Rights
3) Obligations and Contracts
4) Trade and Commerce
Three (3) types of Substantive Public Law
1) Constitutional Law
2) Public Administrative Law
3) Criminal Law
Two (2) kinds of procedural public law
1) Law of Civil Actions
2) Law on Special Proceedings
Three (3) kinds of special laws
1) Military Law
2) Martial Law
3) Public International Law
Four (4) constituents of the body of legal precepts (according to Roscoe Pound)
The body of legal precepts has four constituents, precepts defining:
1) rules of actions
2) principles
3) conceptions
4) standards
Four (4) types of ideals
1) juristic
2) ethical
3) political
4) economic
