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Shvoong Home>Law & Politics>Law - General>Constitutional Law>Definition of Law and its elements Summary

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Definition of Law and its elements

Book Abstract by: eaglecry     

Original Author: isagani cruz
     The term "Law," in its broadest sense, means any rule of action or norm of conduct applicable to
all kinds of action and to all objects of creation...in this sense therefore, it includes all laws, whether they refer to state law, physical law, divine law, and others.     In a strict legal sense, law is defined as a rule of conduct, just and obligatory, laid down by legitimate authority for the common observance and benefit. Base on this definition, law has the following elements.     1. It is a rule of conduct - laws serve as guide for individual in relation to his fellowmen and to his community.     2. Laws must be just - Laws as guides for human conduct, " should run as golden threads through society, to the end that law may approach its supreme ideal which is the sway and dominance of justice."     3. It must be obligatory    4. Laws must prescribe by legitimate authority - "sovereignty resides in the people and all government authority emanates from them."    5. Laws must be ordained for the common benefit - the welfare of the people is the supreme law
Published: September 15, 2007
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