Chapter V will park his car in the wrong side of the

street, others steal stuff as he don’t have

Law Defined: From the view point of some It is hard to imagine that in a modern
political scientist it is defined as the rules, society without law or system of legal
principles, standards and process devised procedures to punish offenders as the
by the state that governs the relationship society is compose of conflicting interests
and regulate the conduct of men in an and problems. These conflict and problems
organized society. It is a means by which may be resolved only by the government
conflicting interests of men and institution employing legal principles, standards and
may be resolved. In other words, Law is an rules.
instrument of control in both private and The law that is being discuss here as
public affairs. enforced by democratic governments has its
All rulers of the state control their people by important goal the attainment of justice.
means of law. But not all rulers nor *Plato believes that “Man when perfected is
government use law as instrument of the best of animals, but when separated
control in the same manner why? Because from law and justice, he is the worst of all”
some government use law to saw fear and
entrench their rule and power by brutal Concept about the nature of the Law
force of other inhuman compulsion, this is
true in extreme dictatorship or totalitarian In Political Science, the term law is taken to
government. refer only to Positive law: it is defined as
the commandments of the state which are
In democracy the government gives primary enforced by its sovereign political authority.
to rule of law which sanctions, defends and
protect rights from infringement. The law is
used to control the activities of men, public These commandments may be in form of
or private, to regulate their conduct and the statutes which are enacted by the national
exercise of their rights within limits. legislature, decree, orders and proclamation
which are issued by the sovereign ruler;
A government can hardly called a judicial decision; local laws or ordinances.
government of law if it does not enforce the
law to administer justice, preserve human 1. Historical Concept: Jurist who
dignity and promote personal values of the advocates the historical concept are
member of the society. Just imagine the mainly interested in the origin of the
society where the law is not implemented, law and its growth and
what kind of society we will have? It would development. They are also
be a society of Anarchy wherein it is chaotic concerned with the cause of the
in nature where everybody has no fear as changes in the growth and
he will do whatever he pleases. Someone development of the law. They
contend that the law should be
 related to the social environment in He also believes that the usefulness
which it has developed. of the law is to be measured in
2. Philosophical Concept: They terms of their effectiveness, the
regarded the law as having been coastlines of their enforcement, and
created on the principles of right and the result of their application.
good or in other words “The law is 5. Functional concept: Idea of the
always right”. law emphasizes what the law does
and how it functions. This concept
According to Saint Thomas Aquinas primarily give importance to the
law is “an ordinance of reason for functions of the juridical system
the common good, made by him which is expected to settle the
who has care of the community, and conflicting interest of men as
promulgated.” In his point of view pointed out in their legal
the law should be enforce in controversies or disputes.
accordance with the rule of right and 6. The Pure Science of Law
reason for the common good. Concept: Advocates are mainly
3. Sociological Concept: The interested in the criteria for knowing
sociologist jurist views the law as a why some commands are laws while
product of social needs, so that the others are not, like the rule of
purpose of the law is to serve the etiquette.
society. In order that the law to be Sources of law
considered as a true law, it must
attain the desirable social goals for 1. Natural Law: Reflection of divine
which it was created. reason in man, a manifestation of
This conception of the law would ethical belief that man seeks always
place emphasis upon, Constitution, to be good and not to do evil.
legislation, juridical decisions, and Natural law is a concept, it is derived
executive orders. Social legislation from the principles of morality and
that exist in our country today are justice and from the commandment
Minimum wage law, Social Security of god in the bible. Natural law is
law and Anti-Drug Law to name a the rule of right reason that governs
few. men to live perfectly as possible the
4. Positivist or Analytical Concept: kind of life which is suited to their
positivist or Analytical Jurist are natural endowments.
concerned with the analysis of the 2. Customs: The traditional practice of
legal system, its process and a group of people which are carried
objectives. Jeremy Bentham said on from generation to generation.
that “All law should be examined to
determine whether in their
enforcement they would promote
the greatest happiness of the
greatest number of society.”
3. Statutes and Legislation: Laws International Law
made by the Parliament or
Legislature. Governs the relationship of states and other
4. Judicial Decision: Judgement of entity that has been granted international
the Courts. During the rule of personality (Capacity to enter International
Monarch in England, the kind Relations) who have the capacity to enter
assigned his superior judges to International Relations: Corporations,
travel from one place to another in Companies, Sovereign State, International
the entire kingdom to hear disputes Organization.
and make decision base on the It is a body of generally accepted principles,
general customs and tradition of the standards and rules regulating and
people. They compare decisions and controlling the conduct of nation-state,
made new ones based on the groups of people, and international
previously decided cases. Today organization in their relationship with one
juridical interpretation clarifies the another. If there are controversies affecting
vagueness of constitutional their relation, the International Court of
provisions and even expands their Justice, one of the organs of the United
meaning. Nations, is charged with adjudication of
5. Constitution: Paramount law of the these controversies arising from U.N.
land, a law that limits the power of Charter, Provided the parties agree to have
the government. Primary Source of their disputes fall under the jurisdiction of
all laws. the International Court.
6. Treaties: A compact agreement
between 2 or more states bilateral What are the Sources of International
and multi-lateral. Law?
7. Executive Orders or
1. Treaties
Proclamations: this will only exist
2. International Customs
if there is no law or statute is
3. Generally Recognized Principles of
existing with specific limits of the
law
power granted to him to help
4. Judicial Decision
promote the nation’s security and
5. Writing of publicist; Professor of
stability.
International Law
8. Codes: The merging of law with the
6. Equity
same subject matter. To compile
and arrange them systematically into
code.
9. Ordinances: Local laws that are
intended to state a more or less
permanent policy of a city or
municipal government. Ordinances
Governs local affairs.