Concepts and Definition of Law

Cards (33)

  • Law is an ordinance of reason promulgated by an authority
  • Ordinance is a law set forth by an authority
  • Promulgate means to promote or make widely known
  • The system of rules recognized by a country or community to regulate actions and enforce penalties
  • Law is the science of moral rules based on the rational nature of man, governing free activity for individual and social ends
  • A norm of human conduct in social life, established by a sovereign organization and imposed for compulsory observance
  • A rule of conduct, just, obligatory, promulgated by competent authority for the common good of people or nation
  • Legislation is the act of making rules
  • Laws that promote the common good, protecting and assisting weaker members of society, are social legislation
  • Jurisprudence is the study, knowledge, theory, or philosophy of law
  • Analyzes, explains, classifies, and criticizes entire bodies of law
  • Compares and contrasts law with other fields of knowledge like literature, economics, religion, and social sciences
  • Reveals historical, moral, and cultural basis of legal concepts
  • Focuses on abstract questions like "What is law" and "how do judges decide cases"
  • Natural law is an observable law relating to natural phenomena, inherent in the nature of man
  • Moral law is based on principles and values of right and proper behavior
  • Divine law is the eternal law of God found in scriptures, like the Ten Commandments
  • Morals cover a wider scope than law, including duties to oneself and God
  • Law is a product of social life, created by human nature to regulate human relations for harmony and co-existence
  • Rests upon concepts of order, co-existence, and liberty
  • Rule of human conduct, promulgated by competent authority, obligatory, and for general observance
  • General Divisions of Law:
  • Divine Law (God as legislator) and Human Law (man-made)
  • Human Law:
  • General or public law (International, Constitutional, Administrative, Criminal, Religious)
  • Individual or private law (Civil, Mercantile, Procedural)
  • Mandatory, prohibitory, and permissive laws
  • Mandatory commands something to be done, prohibitory commands something not to be done, permissive tolerates or respects what is permitted
  • Codification of Laws:
  • Systematic organization of laws into one or more codes
  • A code is a collection of laws of the same kind, referring to a particular branch of law
  • Codification simplifies and arranges juridical rules, unifies legislations, and introduces reforms due to social changes
  • Codification was initiated by David Dudley Field to reduce bulk, clear out refuse, and arrange legal provisions for clarity and practice