INTRODUCTION TO LAW THE GENERAL NATURE OF LAW Meaning of law in general. In its widest and most comprehensive sense, the term law means any rule of action or any system of uniformity. Thus, law, in general, determines not only the activities of menas rational beings but also the movements or motions of all objects of creation, whether animate or inanimate. General divisions of law. Law, as above defined, may be divided into two (2) general groups: (1) Law (inthestrict legal sense) whichis promulgated and enforced by the state; and (2) Law (in the non-legal sense) which is not promul- gated and enforced by the state. The first refers to what is known as the state law while the second includes divine law, natural law, moral law, and physical law. (see M.J. Gamboa, Introduction to Philippi Law, 6th ed., p. 3.) ee Subjects of law. State law, divine law, natural law, and mi tate law, I I oral |; comprised in the definition of law as a rule of action. They apply to men as rational beings only. On the other hand, Physical law operates on all things, including men, without 1\W ON OBLIGATIONS AND 2 iia CONTRACTS 1 ir will power and intelligen latter’s use of their will po ae Ris ae only figuratively speaking. ing with the discussion of state law, Jet first dispose of those laws with which the state is not us directly concerned. Divine law is the law of religion and faith which con- cerns itself with the concept of sin (as contrasted with crime) and salvation. (1) Source. — Itis formally promulgated by God and revealed or divulged to mankind by means of direct revela- tion. (a) Under the Old Testament, divine law is embodied in the Ten Commandments. It is believed by Christians that these laws were formally given by God through Moses, the great Hebrew prophet and leader. (see C. Pascual, Legal Method, 2nd ed., pp. 7-8.) (b) Of course, divine law differs according to what one believes to have been established and communicated to mankind by revelation. Thus, to the Mohammedans, divine law is embodied in the Muslim 2) Sanction. — The sanction of divi ies i A ine law lies in the eae of certain rewards and punishments in the oe 3 or in the life to come. (Clark, Elementary Law, Wetural law, Natural law ma: in man of heey a Seine asthedivineinspiration onan a fairness, and righteousness, i i, internal dictates of reason Faria eR (1) Binding force, — Natural law is on all men ev erywhere and at ice Present and il times, There is te ieeeINTRODUCTION TO LAW 3 in every man a basic understanding of right and wrong based on an understanding of the fundamental standard or criterion of good and evil. In other words, there are some acts or conduct which man knows in his heart-and his conscience, not by theorizing, but by the dictates of his moral nature, are simply good or bad or evil. Thus, we know that killing for the sake of killing or stealing for the sake of stealing is bad or evil because it is contrary to what we believe is just, fair or righteous. When we speak of this inward instinct of justice, fairness cand righteousness in man as divinely inspired by the dictates of his higher nature, we are talking about natural law or the law of nature. (see C. Pascual, The Nature and Elements, of the Law, 1954 ed., pp. 9-10.) (2) Compared to divine law. — While natural law and divine law are very similar, they are not, however, the same. Divine law, as the law of religious faith, is made, known to man by means of direct revelation. On the other hand, 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. (see C. Pascual, Legal Method, 2nd ed., p. 111.) (3) Place in state law. — Natural law has been regarded as the reasonable basis of state law. “ Moral law. ‘ ‘ When we talk of moral law, we are’ speaking'of the totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community. t (1) Determination of what is right and wrong. — “Ata comparatively early stage of their existence human beings learned that it was good for the welfare of the group that the privilege to determine what is right and what is wrong was not left to each member of the group. The mores or ways of life were then evolved which were always considered right