Order of Sequence
It is any system of arrangement or
consecutiveness, or any uniformity of a given
phenomena
It is absolute compared to rule of action.
Point of Non-Deviation
It is a point in which all those concerned will
cease and desist from certain activities or
conduct which otherwise would result in loss or
disadvantageous consequences, whether
directly or indirectly.
Will-not category
There is a determination to abide with, or to
avoid violation of, the rules and action and
orders of sequence.
This force carries a connotation of future
conformity, prospective agreement, or eventual
compliance
The occasion or event when this determination
is absent or lacking results in certain unpleasant
consequences or damaging effects.
Cannot category
There is no other way except to obey or comply
with a rule of action or an order of sequence no
matter how much the desire exists in act
otherwise.
There is a metapersonal drive to avoid
deviation.
It is the category of non-deviation which gives
the legal order the authority to punish
lawbreakers.
Ought-not category
It is the obligatory form of non-deviation.
There seems to be a choice between action or
inaction or between following a rule or refraining
from following it.
Highest form of non-deviation
Divine Law (general sense)
It is the entire system of perfection which God in
His infinite wisdom has imprinted in the whole of
nature to govern its operations and where all
that there in it is ran in perfect order.
Divine Law (strict sense)
It is the law of religious faith which concerns
itself with the concepts of sin and salvation, or
death and life, of the temporal and the spiritual.
Natural Law (Ancient Greek Sense)
It is the rational harmony and order of divergent
things and events.
It is the unwritten law pervading and ruling the
whole of nature without which the cosmos
would be plunged into chaos.
Natural Law
It is the universal discipline of virtue impressed
in the heart and mind of man to guide him in the
exercise of his rights, in the performance of his
obligations, in the observance of rules, and in
the preservation of order and unity.
Law (general)
It is any rule of action or order of sequence from
which any being whatsoever either will not, or
cannot, or ought not to deviate.
Rule of action
It is any warrant, instruction, regulation,
measure, or decision governing any act,
conduct transaction, or proceeding, including
their consequences.
It is relative compared to order of sequence.
All focalpoint of non deviation applies.
Moral Laws
It is a product of evolution
Moral norms
They are patterns of good an exemplary
conduct which set the moral tone or feeling of
the community.
They determine what conduct or behavior may
or may not be followed or what acts may or may
not be done.
They are applied by prescribing or imposing
upon the members of the community certain
definite patterns of behavior.
Social norms
It deals with objective conduct only.
It may even vary with each ethnic group in of a
particular class of people.
e.g. practice of polygamy (acceptable in some
parts of the PH especially by non Christians, but
against social rules of the rest of the Filipino
people - Christians)
Physical Law
It is a kind of non-jural law.
It is imperative (or fixed).
It is regular (because there is no break in their
sequence or constancy once they are set into
motion or operation.
Its norms can be reduced and worked out in
mathematical formulas.
It operates inevitably, not depending on the
human will.
e.g. laws of gravity
Law (in particular strict sense)
It refers to a statute.
It is a written enactment of the legislature of a
State composed of definite provisions for
definite situations or states of fact to which
certain incentives and/or sanctions are attached
as means of enforcement.
Legal incentive
It is a stimulus or motive developed through
some extraneous influence operating on the
individual members of society.
e.g. tax exemptions, tax reduction, government
loans etc.
Legal sanctions
It is a coercive intervention or an eventual
punishment annexed to a violation of a rule or
regulation.
e.g. fines, imprisonment, banishment, loss or
suspension etc
Law (in particular sense)
It is used loosely to refer to any rule, or
regulation, or opinion given by a person learned
in the law, an authorized official, or an agency
of the State.
It refers to any contract, covenant or
agreement.
Three (3) types of point of non-deviation
1) will-not category
2) cannot category
3) ought-not category
Four (4) kinds of non-jural law
1) Divine law
2) natural law
3) moral law
4) physical law
Four (4) precepts of natural law.
1) justice
2) equality
3) fairness
4) righteousness
Four (4) distinct classes under which any
kind of rule of action or order of sequence
may be subsumed
These distinct classes are comprised of all rules
and orders which determines the:
1) activities of man
2) motion and even the instincts of dumb
creatures.
3) origin and growth of living organisms
4) movements and courses of inanimate bodies
or masses
Four (4) applications of natural law theory
1) justificative
2) oppositive
3) regulative
4) interpretative
Two (2) types of orders upon which present
day life is based
1) distinct legal order
2) separate moral order
Three (3) characteristics of moral norms
1) absolute
2) positive
3) peremptory (not open to appeal or challenge)
Three (3) distinct senses of law (in jural
terms)
1) the particular
2) the collective
3) the abstract
First and second uses compromise (which has
been called lawyer's law).
Three (3) divisions of enacted law
1) Substantive Law
2) Adjective or Remedial Law
3) Special Law
Four (4) types of Substantive Private Law
1) Persons and Family Relations Law
2) Property and Property Rights
3) Obligations and Contracts
4) Trade and Commerce
Three (3) types of Substantive Public Law
1) Constitutional Law
2) Public Administrative Law
3) Criminal Law
Two (2) kinds of procedural public law
1) Law of Civil Actions
2) Law on Special Proceedings
Three (3) kinds of special laws
1) Military Law
2) Martial Law
3) Public International Law
Four (4) constituents of the body of legal
precepts (according to Roscoe Pound)
The body of legal precepts has four
constituents, precepts defining:
1) rules of actions
2) principles
3) conceptions
4) standards
Four (4) types of ideals
1) juristic
2) ethical
3) political
4) economic
Six (6) different schools of jurisprudence
1) historical school
2) teleological school or philosophical school
3) analytical or positivist school
4) sociological school
5) ontological or realist school
6) policy science school