Administrative rules and regulations

Presidential decree, Executive Act

Impair the Obligations of contracts
Interfere with vested rights
Considerable value
Habitual delinquent
Duly capacitated person
Material facts
Mistake of identity
Mistake of fact
Misapprehension of fact
Adequate knowledge upon
Sufficient proof of evidence
Reasonable explanation
Statutory authority
Innate wisdom
Judicial addition and subtraction

The idea of law

Human affairs: human thought and action > law has a crucial role.

Law is a civilizing force, growth in the system of legal rules, together with the machinery
for their regular and effective enforcement.

Law and Moral Codes are the same and one.

Criminal law inflicts punishment.

Legal law is concerned for the sanctity of human life

Law lays down precise legal rights and duties.

Behind and above all, the individual system of law which operates in different societies,
there exist a Higher Law by which mere man-made law can be judged, validate, and
nullify. Thus, there is a possibility of revolt against a legitimate authority.

What is freedom of the citizen? What measures that could preserve it?
What is the relation of law to liberty?

Law is not only conferring to the security of property and citizenship of a person.

Free express of opinion (thought) without restraint and to associate oneself towards other;
enjoy the benefits of the Rule of Law. – Law
Sovereign power located in a particular state that possesses authority to construct and
deconstruct laws as it pleases. – Legal system… yet subject to overriding system of
international law.

Effective functioning of the law, social significance must be raised for law is about
human affairs and human nature.

To ask the indispensability of Law is an act of evaluation.

What is good for man? How can man achieve his/her objectives?

Coercion and restraints vs. well ordered and harmonious

Why there is a man-made law? It is all because of corruption and vice! Thus, it restrains
and barred! System of laws is legitimate in this case and coercion is enforcement for this
case.

Obedience is an ineluctable necessity, categorical imperatives that admitted no

questioning.
Where there is authority, there is coercion! Thus, to attain the role of statehood, force is a
necessity to ensure obedience to the decree. Authorities then are entitled to command.
But what is this “entitlement?”

Superior orders can legitimately give orders to the inferior party. In this case, this is what
legal system is protecting, the legitimate subordination, which is so of great essentials in
law. What then is the source of obligation or acknowledgment before the authority (law
represents the legitimate authority) that is entitled? Is it really our Moral Duty?

Legitimate authority holds legitimacy, moral obligation necessities voluntary adherence

by virtue of intrinsic rightness.

Justice is simply the rule of the stronger! – Thrasymachus on Plato’s Republic

Legitimate denomination take one in three forms (Max Weber): Charisma, Legal, and
Traditional.

Force is an apparatus of a legal system.

Genuine lawyer is a forceful soldier that uses no guns and bullets yet could kill his/her
enemy without even a touch of finger-point.

Conscience is the mainspring of morality, not force.

Social contract is a fiction; Universal suffrage and majority rule is the means by which
the individual can manifest his adhesion to the operative system of government. The main
thrust here is the voluntary consent or acquiescence.

Procedural apparatus must be protected with force.

Bakunin, Tolstoy, Bodin, Hobbes, Rousseau, Hume, Godwin, Kropotkin,

The philo of law: history

In giving a talk, use the story of a guy who never want to talk… silence. He was once
asked to say something, he said “ do you know what I am going to say? Neither do i. Do
you know what I am going to say “ yes” need not for me to say.. yes and no…

Considerable evidence

Thoughts are firstly influenced by experiences, values, opinions, beliefs, and

standpoints.

Thoughts – statements – propositions – judgments – law. - -application.

Corpus of Learning – body of Experience – scientific methods – agreement

Scientific understanding (experience) and knowledge (idea) rest upon encounterment.

Philosophy of law:

1. Scientific approach to the philosophical doctrines of law and its significant

clarifications

2. Determine which philosophical ground does the contribution came from

Cause and effect – principle of causality < determinism + freedom > willingness

Freedom: Indeterminism vs. Determined: Determinism = Voluntary and Involuntary

Law is an approximation of what is a Highest Order. Government is a servant of laws unto

which establishes the participation of community to the ideal Highest Order. This general
law is unwritten.

Numerical and proportional justice

Judicial Body - Civil and penal law = corrective law for community > corrected and
eliminated

Legislative Body - Public law = distributive law for community > equal rewards and equal
accomplishments

Criminal law:

1. Negligence / accident

2. Consciously intended

3. Committed by passion and pathos

Justinian Code – Corpus Juris Civilis < Law of Nations, Law of civil, jus naturale, jus gentium,
jus civile