PERSONS Reviewer DLSU (updated June 13, 2011) - PERSONS AND FAMILY RELATIONS Legarda\/Mawis I INTRODUCTION By RRE DLSU College of Law 2010 Law and moral

PERSONS Reviewer DLSU (updated June 13, 2011) - PERSONS AND...

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PERSONS AND FAMILY RELATIONS – Legarda/Mawis By RRE, DLSU College of Law 2010 We shall not be saved without wisdom; for knowledge is power but only wisdom is liberty. 1 I. INTRODUCTION Concepts of Law In the general or abstract sense, law has been defined as the “science of moral rules, founded on the rational nature of man, which govern his free activity, for the realization of the individual and social ends, of a nature both demandable and reciprocal.” In a specific or material sense, law has been defined as a “juridical proposition or an aggregate of juridical propositions, promulgated and published by the competent organs of the State in accordance with the Constitution.” Foundations of Law Law regulates the relations of human beings so that harmony can be maintained in the social group, by placing restrictions on individual liberty in order to make co-existence possible. Characteristics of Law Law is: 1) a rule of human conduct; 2) just and obligatory; 3) promulgated by a competent authority; and 4) of common observance and benefit. Law and Morals Both law and moral regulate human conduct but only the rules of law have a legal sanction and can be enforced by public authority. Law and moral come from the same source – the social conscience. Law covers only social activities or the relations of man to his fellowman; but the field of morals includes also those to himself and to his God. The purpose of law and morals is to have a permanent and stable equilibrium between human personalities. General Divisions of Law I. Divine Law II. Human Law – promulgated by man to regulate human relations A. General or Public Law 1. International Law – governs between relations between nations or states 2. Constitutional Law – governs the relations between citizens and the state 3. Administrative Law – governs the relations between the officials and employees of the government 4. Criminal Law – guarantees the coercive power of the law so that it will be obeyed 5. Religious Law – regulates the practice of religion B. Individual or Private Law 1. Civil Law – regulates the relations of individuals with other individuals of purely private ends 2. Mercantile Law – regulates the special relations produced by commercial transactions 3. Procedural Law – provides for the means by which private rights may be enforced
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PERSONS AND FAMILY RELATIONS – Legarda/Mawis By RRE, DLSU College of Law 2010 We shall not be saved without wisdom; for knowledge is power but only wisdom is liberty. 2 Kinds of Specific Law Mandatory – commands something to be done Prohibitory – commands that something should not be done Permissive – commands that what it permits to be done should be tolerated or respected Codification of Laws A code is a collection of laws of the same kind; a body of legal provisions referring to a particular branch of the law.
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