Introduction to Law: Lecture Notes
Introduction to Law: Lecture Notes
INTRODUCTION TO LAW
AND THE LEGAL SYSTEM
PROFESSOR: ATTY. MARLOUIZE VILLANUEVA
ATTY. RENATO M. GALEON
ATTY. GLENN C. CAPANAS
INTRODUCTION TO LAW AND THE LEGAL SYSTEM
Table Of Contents
A Theory of Law………………………………1
What is law? ………………………….2
Natural Sciences vs. Social
Sciences…………………..3
INTRODUCTION TO LAW AND THE LEGAL SYSTEM
A THEORY OF LAW • Is the law based on something universal?
• Is the law bound by borders?
WHAT IS LAW? • Is the existence of law dependent on its
enforcement?
H.L.A. Hart, The Concept of Law
: How does legal obligation differ from, and how
“Few questions concerning human society have is it related to moral obligation?
been asked with such persistence and answered : How does law differ from and how is it related
by serious thinkers in so many diverse, strange, to orders backed by threats?
and even paradoxical ways as the question, ‘What : What are rules and to what extent is law an
is law?’” affair of rules?
Look closely into the law of murder and how two
different jurisdictions define them: THEORY OF LAW VS. LEGAL THEORIES
18, USC 51, S1111S RPC, Art. 248
(a) THEORY OF LAW LEGAL THEORIES
The definition of murder
includes circumstances Broader philosophical Focuses more
The definition of such as treachery, inquiry into the nature specifically on the
murder includes superior, strength, aiding of law itself, it practical aspects of
unlawful killing with armed men, weakening
encompasses various law, like how laws
malice afterthought. defense, ensuring
impunity, consideration schools of thought that operate, how legal
First-degree murder explore fundamental reasoning is arrived
for a price, use of
involves deliberate destructive means like fire questions about what at, or the use of
and premeditated or poison, calamities like law is, its purposes, and empirical methods in
acts or specific earthquakes, its moral implications . understanding law.
premeditation, and cruelty
crimes, while second-
towards the victim.
degree murder covers LAW (English def): legal systems
all other unlawful
killings. DROIT (French); RECHT (German): involves the
discussion of rights, involves philosophical
Notice: Although the examples above are from discussion.
two different jurisdictions, they hold a closely : Is this distinction relevant in to our
similar definition to murder.
understanding between the law and its
Now, unto laws on marriage: implications in the community?
Obergefell v. Hodges Falcis v. CRG (2019) : Is there a difference between coercion and the
(2014)
Marriage is a legal mere implementation of the law?
The Court, in this decision, relationship, entered into
holds same-sex couples through a legal framework, There are two ways to answer these questions:
and enforceable according to
may exercise the
legal rules. Law stands at its
fundamental right to very core. Due to this inherent NATURAL SCIENCES VS. SOCIAL SCIENCES
marry in all States. It “legalness” of marriage, the
follows that the Court also constitutional right to marry
must hold – and it now cannot be secured simply by
removing legal barriers to
(NON-CONCEPTUAL) THEORIES IN THE
does hold – that there is no
lawful basis for a State to something that exists outside NATURAL SCIENCES: ...considers...general
refuse to recognize lawful of the law. Rather, the law characteristics of phenomena and establish
itself must create the “thing”
same-sex marriage
to which one has a right. As a regular or necessary connections between them.
performed in another State result, the right to marry
on the ground of its same- necessarily imposes an (NON-CONCEPTUAL) THEORIES OF THE SOCIAL
sex character. affirmative obligation on the SCIENCES: ...tends toward conclusions about
State to establish this legal
framework.
causation and causal regularities, but the selection
of relevant data tends to complicated and
contested value judgments.
Through the examples above, it can be denoted
that the Law MAY differ from jurisdiction to
jurisdiction. CONCEPTUAL ANALYSIS
: Stipulates a division of the world into categories. of establishing right from the highest law, which
was born before any law was written for
HOW CONCEPTUAL ANALYSIS WORKS:
generations in common [ ] or before a city was
1. Stipulation is accepted. established at all.
2. Claim is made about the category
Thomas Aquinas, Summa Theologica: Thus from
3. That claim can be valuated as T/F.
the four preceding articles, the definition of law
CONCEPTUAL ANALYSIS OF LAW DEFINES may be gathered; and it is nothing else than an
TERMS BY: ordinance of reason for the common good, made
by him who has care of the community, and
A. Conditions promulgated.
ESSENTIAL: NECESSARY: Thomas Aquinas, Summa Theologica: Thus from
the four preceding articles, the definition of law
one that is part of the one that every instance
may be gathered; and it is nothing else than an
essence or nature of of the phenomenon
must have ordinance of reason for the common good, made
the phenomenon.
by him who has care of the community, and
promulgated.
NECESSARY: SUFFICIENT: : the rule and measure of human acts is the reason,
A condition is A condition is sufficient which is the first principle of human acts, it
necessary for a if it guarantees the belongs to the reason to direct to the end, which is
concept if the concept existence of that the first principle in all matters of action
cannot exist without it concept.
: …as reason is a principle of human acts, so in
On what basis can it be asserted that one reason itself there is something which is the
conceptual theory is better than another? principle in respect of all the rest. The law must [ ]
regard principally the relationship to
BOUNDARY LINES OF LAW happiness…since every part is ordained to the
1. Is there “law” in a society and a legal whole, as imperfect to perfect; and since one man
system that is “evil?” is a part of the perfect community, the law must [
2. Which standards among those judges are ] regard properly the relationship to universal
obligated to apply, or among those judges happiness.
in fact do apply, should carry the label : Now to order anything to the common good,
“law” or “legal?” belongs either to the whole people, or to someone
3. Or by the end of the day, is “law” political? who is the viceregent of the whole people. And
Is legal theory relevant in the study of law, and the therefore the making of a law belongs either to the
legal profession? whole people or to a public personage who has
care of the whole people: since in all other matters
NATURAL LAW THEORY the directing of anything to the end concerns him
to whom the end belongs.
Premise: What naturally is, ought to be.
: Wherefore, in order that a law obtain the binding
TRADITIONAL NATURAL LAW: Argues for the
force which is proper to a law, it must needs be
existence of a “higher law”, elaboration of its
applied to the men who have to be ruled by it. Such
content, analysis of what should follow from
existence of this “higher law”. application is made by its being notified to them
by promulgation.
Cicero, De Legibus: ..law is highest reason,
MODERN NATURAL LAW
implanted in nature, which orders those things
that ought to be done and prohibits the opposite. Finnis, Natural Law and Natural Rights:
The same reason is law when it has been Wherefore, in order that a law obtain the binding
strengthened and fully developed in the human force which is proper to a law, it must needs be
mind... For this is a force of nature; this is the mind applied to the men who have to be ruled by it. Such
and reason of the prudent man; this is the rule of application is made by its being notified to them
right and wrong... In fact let us take the beginning by promulgation.
Finnis, Natural Law and Natural Rights: Joseph Raz St. Agustine, De Civitate De Contra Paganos: Justice
usefully summarizes and adopts Kelsen’s version being taken away, then, what are kingdoms but
of this image: Kelsen correctly points out that great robberies?
according to natural law theories there is no
specific notion of legal validity. The only concept COMPLEXITY OF THE LEGAL SYSTEM
of validity is validity according to natural law, i.e.,
moral validity. Natural lawyers can only judge a
law as morally valid, that is, just or morally invalid,
i.e., wrong. They cannot say of a law that it is
legally valid but morally wrong. If it is wrong and
unjust, it is also invalid in the only sense of validity
they recognize.
• Life
• Health
• Knowledge
• Play
• Aesthetic Experience
• Friendship Primary Rules: Human beings are required to do
• Practical Reasonableness or abstain from certain actions, whether they
wish to or not.
• Religion
FULLER’S INTERNAL MORALITY OF LAW Secondary Rules: Human beings may by doing
or saying certain things introduce new rules of
• General the primary type, extinguish or modify old ones,
• Public or in various ways determine their incidence or
• Prospective control their operations.
• Clear
H.L.A. Hart, The Concept of Law: Rules of the first
• Non-Contradictory type impose duties; rules of the second type
• Possibility of Compliance confer powers, public or private. Rules of the first
• Constancy type concern actions involving physical
• Congruence between Official Action and movement or changes; rules of the second type
Declared Rule provide for operations which lead not merely to
LEGAL POSITIVISM physical movement or change, but to the creation
or variation of duties or obligations.
: Neither law nor legal systems have any natural
or essential connections with morality. Why can’t we just rely on Primary Rules?
LEGAL REALISM
Antonin Scalia: To be a textualist in good Conventionalism: legal rights and obligations are
standing, one need not be too dull to perceive the derived strictly from existing laws, including
statutes and precedents.
broader social purposes that a statute is designed,
or could be designed, to serve; or too hide- bound Pragmatism: legal decisions should be made
to realize that new times require new laws. One based on what is deemed best for the community
need only hold the belief that judges have no
as a whole, rather than strictly adhering to :Interdisciplinarity –
existing laws
SUMMARY:
Law as Integrity: Judges have an interpretive role
• Defining law uncovers underlying assumptions
in finding the best moral justification for legal
decisions, while recognizing the value of often taken for granted, which should instead be
critically examined.
consistency with past precedents and the
evolution of law in accordance with the • Conceptual analysis, though not directly
community's sense of justice testable, can illuminate prevailing knowledge
structures and challenge their assumptions.
Ronald Dworkin: Law as integrity asks judges to
assume, so far as this is possible, that the law is • The relationship between law and morality is
structured by a coherent set of principles about complex and multifaceted. Both disciplines arise
justice and fairness and procedural due process, from specific intellectual traditions and address
and it asks them to enforce these in the fresh cases distinct inquiries.
that come before them, so that each person’s
situation is fair and just according to the same • Applying legal theory to real-world situations is
standards. That style of adjudication respects the complex, as different interpretive approaches
ambition integrity assumes, the ambition to be a have both advantages and drawbacks.
community of principle
• Law possesses the capacity to both liberate and
<insert case of the explorers, the stance per judge, subjugate.
and where such stances were anchored>
• Ultimately, we must consider how our legal
4. CRITICAL LEGAL STUDIES education equips us to comprehend law both as a
practical professional tool and as a complex
CRITIQUING THE LIBERAL PROJECT academic discipline.
LIBERAL RIGHTS THEORY
- individuals are not only bound by social CLASSIFICATION OF LAW
contract; they have individual rights to be
free from government interference NATURAL LAW
(especially the use of private property)
CRITICAL LEGAL STUDIES KINDS OF NATURAL LAW
- Rights are relations among persons : This derives its force and authority from God. It
regarding control of valued resources, is superior to other laws. It is binding upon the
thus are correlative as entitlement to one whole world and in all countries.
implies vulnerability of another.
A. Physical Law
<insert discussion on the leviathan> • Universal rule of action that governs the
conduct and movement of things which
: Is the law neutral?
are non-free and material.
: Is the law objective?
B. Moral Law
: Is the law anchored on free will?
• Set of rules which establishes what is right
Law is Politics
and what is wrong as dictated by the
Indeterminancy Thesis - No determinate rule human conscience.
system can secure liberty. Doctrinal standards C. Divine Law
requiring identification of the interests of legal • Two categories:
actors or populations are indeterminate. o Divine Positive Law (i.e., 10
Commandments)
Legal Consciousness -
o Divine Human Positive Law
Fundamental Contradiction – (Commandments of the Church)
: Deconstruction –
HUMAN POSITIVE LAW
: Political Engagement – :
This law is promulgated expressly or indirectly by
competent human authority for the common It consists, among others, of:
good, and usually, but not necessarily, imposing
sanctions in case of disobedience. • Constitutional Laws I & II
• Administrative LAW, Law on Public
KINDS OF HUMAN POSITIVE LAW Officers, and Election Laws
• Public International Law
According to force and effect: CRIMINAL LAW
1. Mandatory and/or Prohibitionary : That branch of law which defines offenses and
Laws specify the corresponding penalties therefore.
• Those which have to be complied with,
because they are expressive of public It consists, among others, of:
policy; disobedience is punished • Criminal Law I
2. Permissive or suppletory laws • Criminal Law II
• Those which may be deviated from, if the
LAWS ON TAXATION
individual so desires.
According to the scope or content of the law: : That branch of law which deals with the
imposition and collection of taxes.
1. Public Law
• That which governs the relations of the It consists, among others, of:
individual with the state or ruler or • Taxation I
community as a whole (This includes • Taxation II
Political Law, Criminal Law, and Law on
Taxation) CIVIL LAW
2. Private Law : That branch of law which every particular nation
• That which regulates the relations of the or state has established peculiarly for itself. This
members of a community with one law concerns with civil or private rights and
another (This consists of Civil Law, Labor remedies, as contrasted to criminal law.
Law, and Commercial Law).
It consists, among others, of:
According to whether a right is given or merely • Persons and Family Relations
the procedure for enforcement is laid down: • Property
1. Substantive Law • Obligation and Contracts
• That which establishes rights and duties. • Succession
2. Remedial (or procedural or adjective • Sales
law) • Credit Transactions
• That which prescribes the manner of • Agency, Trust, and Partnership
enforcing legal rights and duties. • Torts and Damages
• Transportation Law
LABOR LAWS
REMEDIAL LAW
- Language
Printed vs. Electronic
- Sections - In case of conflict, which will prevail?
- Terms
- Official Gazette Online?
Publication in Newspaper
- EO 200 (1987)
- Purpose
According to the Official Gazette (re: errors in
online publication): “Please note that the
posting of laws and issuances in this website 5. Administrative Rules
is for information dissemination. The Sample format:
effectivity of laws, regulations, and issuances DOLE Rules and Reg. No. ____ (____)
start 15 days , unless otherwise provided in 6. Administrative Order
the document, after their publication in the Adm. Order No. ____ ([year])
Official Gazette print version or in two 7. Ordinances
newspapers of general circulation as Manila Ordinance ______ ([ year])
mandated by the Administrative Code of 1987 8. Court Rules
and Executive Order 200, s. 1987.” RULES OF COURT, Rule ____, Sec. ____
“Should there be discrepancies between a text 9. Court Decisions
entry and the corresponding scanned copy of a. General Rule
laws, departmental and executive issuances, (Examples):
treaties, and executive agreements uploaded SC: People v. __________, G.R. No. ____
on this website, please note that the ([date of promulgation])
controlling version is the attached scanned CA: __________ v. ________, ______ C.A. Rep.
copy found below the entry.” ________ ([date of promulgation])
Exceptions:
BY CHARACTER - Cite Islamic and Chinese names in full
- Cite compound names in full
PRIMARY: - Cite names of corporations in full
SECONDARY SOURCES
SECONDARY: 1. Books
- I Moran, COMMENTS ON THE RULES OF
• Statute books COURT 195 (6th ed ., 1963)
• Case books 2. Annotations
• Search books (law finders or tools) - Annot., 1 9 SCRA 280 (1967)
3. Encyclopedia
HOW TO CITE SOURCES
- 81 A M. JUR. 2d Wil ls 7 (1976)
4. Internet Source
PRIMARY SOURCES - People v. Alquizales [Supreme Court] G.R.
No. 128386, March 25, 1999 (unreported,
A. STATUTORY LAWS Quisumbing, J.<www.supremecourt.gov.
1. Constitution: ph.> November 15, 1999 [11 -12].
2. Laws
Examples:
CA (1935-19 45): Com. Act No.
____ ([year]). sec. ____
BP (1984-1986): Batas Blg.___
([ year])
RA (1946 -1972; 1987 to date): Rep . Act
No. ______([ year])
3. Codes
Examples:
Civil Code – CIVIL CODE
Family Code – FAMILY CODE
Revised Penal Code – REV. PEN. CODE
4. Opinions of the SOJ:
Sec. of Justice Op. No. ___, s. ___