Module 2: (SOCIOLOGY OF LAW)

Objective : Determine the principal theories of the origin of criminal law

Topic 1: SOURCES OF CRIMINAL LAW

Enabling activities: Say something

Instruction: Discuss the following the following terminologies below

1. Criminal law
2. Common law
3. Statutory law

Lecture /Discussion:

Sources of criminal law

Two major sources of criminal law

1. Common law
 Body of customs
 Precedents
 Tradition
 It becomes common to all jurisdiction as basis of good moral behavior.
a. Divine law
 Is that system of rules which regulate the operation of the universe according to
the will and command of god.
b. Natural law
 Is the body of rules of conduct that is inherent in human nature and is essential to
or biding upon human society.
c. Moral law
 Is the divinely prescribe rule regarding moral conduct.
2. Statutory law
 Includes those acts or omission define as crime through the legislative process.

In general, law construed as any rule of action or any expression of uniformity.

a. Law enforce by the state

 Positive law
 Civil law
 State law
b. Law not enforced by the state

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  Divine law
 Natural law
 Moral law

Topic 2: ORIGIN OF CRIMINAL LAW

Enabling activities: short answer

Lecture /Discussion:

What is Criminal Law?

branch of law which defines crimes, treats of their nature, and provides for their
punishment

Four principal theories regarding the origin of criminal law

1. Torts or wrong to individual ( consensus model)

 All wrong produce effort at self- redress in the injured parties and were
therefore treated as injurious to particular individuals
2. National process of unified society
 This theory emphasized the reaction of society when wrongs occur. Society
taken action, especially the government, and makes a regulation to prevents
repetition of such wrong.
3. Crystallization of the mores
 The third theory discuss the origin of criminal law through crystallization of
the mores.
 Moresas the customs and habitual practices that group accept and follows
4. Conflict of interest of the different groups.
 Conflict interest of the different groups

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