INTRODUCTION TO LAW
Law – means any rule of action or any system of uniformity
2 General Groups
Law (in the strict legal sense) – promulgated and enforced by state
Law (in the non-legal sense) – not promulgated and enforced by state
General Divisions of Law
Divine Law o Law of religion and faith; concerns itself with the concept of sin and salvation o Divulged to mankind by direct revelation o Sanction lies in assurance of certain rewards and punishments in the present life or life to come
Natural Law o Divine inspiration in man of the sense of justice, fairness & righteousness o Internal dictates of reason alone o Impressed in man as the core of his higher self o Regarded as reasonable basis of state law
Moral Law o Mores or ways of life o Totality of norms of good and right conduct o No definite legal sanction for violation of purely moral law o Not absolute; shapes/influences state law
Physical Law o Uniformities of actions and orders of sequence
State Law o Only law promulgated and enforced by state o Also called: positive law, municipal law, civil law, imperial law
NOTE: PROPERTY OF BMS. UNOFFICIAL OBLICON REVIEWER.
THIS SPECIAL PRIVILEGE IS STRICTLY FOR BMS MEMBERS ONLY!!!
Characteristics of (state) Law
1. It is a rule of conduct –tells us what to do and what not to do. It dictates behavior
2. It is obligatory- a positive command imposing a duty to obey and involving a sanc tion which forces obedience
3. It is promulgated by legitimate authority
4. It is of common observance and benefit- intended by man to serve man
Necessity and functions of law
What would life be without law? Society has a need for internal order which is as constant as the need for external defense.
What does law do? Law secures justice, resolves social conflict, orders society, protects interests, and controls social rela tions.
No society can last and continue without means of social control, without rules of social