Professional Documents
Culture Documents
1. Definition of Law
a. Law in the generic sense
is defined as the science of moral laws based on the
rational nature of man, which governs his free
activity for the realization of his individual and
social ends, and which by its very nature is
demandable and reciprocal.
b. Human Positive Law
it is defined as a rule of conduct, just, obligatory,
promulgated by legitimate au-thority, and of
common observance and benefit.
2. Classification of Law
a. Natural Law promulgated impliedly
in our conscience and body
b. Human Positive Law A reasonable
rule of action, expressly or directly
promulgated by competent human
authority for the common good, and
usually, but nor necessarily, imposing a
sanction in case of disobedience
3. Classifications of Human Positive Law
a.
According to whether a right is given, or
merely the procedure for enforcement is laid
down
(1) SUBSTANTIVE LAW establishes rights and
duties
(2) REMEDIAL/PROCEDURAL/ADJECTIVE
LAW prescribes the manner of enforcing legal
rights and claims
b. According to scope or content of the law
(1) PRIVATE LAW regulates relations of the
members of a community with one another
(2) PUBLIC LAW governs the relations of an
individual with the State or ruler or community as a
whole
c. According to force or effect
(1) MANDATORY and/or PROHIBITORY LAWS
have to be complied with because they are
expressive of public policy; disobedience is