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