PRELIM Flashcards
(67 cards)
Any rule of action or any
system of uniformity.
law
2 General Divisions of Law
• Promulgated & Enforced by the State
• Not Promulgated & Enforced by the State (non-legal sense)
Not Promulgated & Enforced by the State (non-legal sense)
• Divine law, Natural law, Moral law,
and Physical law
Promulgated & Enforced by the State
• State laws
the law of religion and faith which concerns itself with
the concept of sin and salvation
Divine Law
– formally promulgated by God and revealed to mankind by means of direct revelation.
Source
– lies in the assurance of certain rewards and punishments in the present life or in the life to come.
Sanction
divine inspiration in man of the sense of justice, fairness, and
righteousness, not by divine revelation or formal promulgation, but by internal dictates of reasons alone.
Natural Law
• man’s basic understanding of right and wrong based on fundamental
standard or criterion of good and evil.
Binding force
• Acts or conduct w/c man knows in his heart & conscience by the
dictates of his moral nature, are simply good, bad, or evil.
Binding force
– Natural Law is said to be impressed in man as the core of his higher self at the very moment of being, or
perhaps, even before that.
Compared to Divine Law
– Natural Law has been regarded as the reasonable basis of state law.
Place in State Law
• totality of the norms of good and right conduct growing out of the
collective sense of right and wrong of every community.
Moral Law
• the mores or ways of life were evolved which were always considered right and
correct, and obedience to them was demanded by the group.
Determination between Right vs. Wrong
•a spontaneous social reaction is produced in the form of public displeasure,
contempt or indignation if a member disregards the moral norms; public
pleasure, approval, and joy is the social response in conformity to the moral
norms.
Sanction
• moral law is not absolute.
Binding force
It varies with the changing times, conditions or convictions of the people
Binding force
uniformities of actions and orders of sequence which
are the physical phenomena that we sense and feel.
Physical Law
Law that is promulgated and enforced by the State
State Law
Only State Law is enforced by the State as a rule of action
accompanied by its physical force, if necessary
Binding force
Does not concern itself with violations of other rules of action
(divine, natural, moral law) unless they also constitute violations
of its commands.
Concern of State Laws
The written instrument by which the fundamental powers of
the government are established, limited and defined, and by which these powers are distributed among the several
departments for their safe and useful exercise for the benefit
of the people. (Malcolm & Laurel)
Constitution
The fundamental law or supreme law or highest law of the
land.
Constitution
The declaration of legal rules by a competent
authority
Legislation
