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PHILOSOPHY OF LAW

Reference: Philiosophia: Philosophy and Theory of Law by Bernardo


Law
- Connotes binding communal rules – the do’s and the don’ts
- A rule of conduct, just, obligatory, formulated by legitimate power for common
observance and benefit.
- is a set of rules that are created and are enforceable by social or governmental
institutions to regulate behavior, with its precise definition a matter of longstanding
debate..
- a rule of conduct formulated and made obligatory by legitimate power of the state
Classification of Laws
Jural or Human law – refers to sanctioned or enacted law such as statutes, case law,
normative rules, and percepts.
Non-jural or Meta-lega law – is not anchored on human promulgation, such as divine law,
natural, and physical law.
Private Law – deals with the relationship between individuals. (e.g. Civil Law)
Public Law – deals with the relationship between government and the citizen. (e.g.
Constitutional law, administrative law, municipal law, public officer law, and election law.
NATURAL LAW is a theory that suggests there is a set of rights inherent to existence. Constant
across the globe as it is based on human nature.
Natural law is a philosophical theory that states that humans have certain rights, moral values, and
responsibilities that are inherent in human nature.
Its theory is based on the idea that natural laws are universal concepts and are not based on any
culture or customs. Still, it is a way society acts naturally and inherently.

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