4. Terms to remember:
Rules – a statement the tells you
what is allowed, not allowed or what
is happen within a particular system.
Laws – set of rules made by the
members of the society, the
government of a town, state or the
country.
Legal – allowed by laws and by the
society
5. Cont..
Morals – relating to what is right and
wrong in human behavior.
Considered right and good by most
people: agreeing with a standard
Ethics – an area of study that deals
with ideas about what is good and a
bad behavior: A branch of
philosophy dealing on what is
morally right or wrong.
6.
7. Introduction to Law and
its Inherent Nature
The work administering a school,
college or university, public or private,
has today has today been characterized by
complexity. The skyrocketing of the cost
of college or university education makes
college or university education more of a
privilege and not a right anymore.
8. Did you know that…
- For every 100 Filipino children
who enters grade I,
- only 66 will finished grade VI,
- 60 will go to high school,
- 40 will graduate,
- 25 will go to college,
- 13 will complete a degree
- and only 1-2 will get a stable job
9. The increase in the figure of
enrolment and the increasing cost of
operation, the difficulty of resource
allocation in a period of economic stress,
the demand of teachers, instructors and
professors for higher salaries and wages, the
high cost of maintenance of school plant
and the avalanching of changes brought
about the era of information technology
have occupied school administrator’s
concerned and occupied their time.
10. The changes in the system leave
administrators very little to brush up on
current educational laws and statutes,
judicial, administrative decisions and legal
opinions affecting education.
11. Useful Analogy between the alarm clock
and the Laws and the Government
“A Law each day keeps trouble away.”
An old adage but it as relevant as it is
today as it was before. A working
knowledge of the legal bases of education is
indeed a “must” for every educator and for
anyone whose business is the art of
educating the younger generation.
12. “Ours is a government of laws, not of men”
In effect of analogous sense, laws and
the governments are like the alarm clock.
They are complete education of the fact that
“while structures are man-made, yet
structures also make the man.”
13. • Men institute laws and the government.
Just like setting the alarms clock to ring at
5:00am to come to school at 7am, we
become the masters by the time we have
set our clock until it rings.
• Men set up laws and governments. We
dictate the laws and vote for the
government officials. However the
moment the clock rings, we must be
faithful servants to it and rise from our
beds.
14.
15. Cont..
• We set up laws and government and we
will behave accordingly with the intent of
having a better country.
16. • Every law has certain qualities. Although
we say that morality and legality do not
always show congruence, let it not be
forgotten that the remote norm of morality
is the law (Natural Law) and the
approximate norm of morality is
conscience. Both are noted on the eternal
law which is the ultimate norm of morality.
17. • Morality consist in the conformity and
conformity of an act with the norm. The
norms of morality are the standards that
indicate the rightfulness or wrongfulness,
the goodness or evilness, the value or
disvalue of a thing.
18. • 1. A law is an ordinance (an active and
authoritative ordering or directing of
human acts in reference to an end to be
attained by them.)
• 2. It is an ordinance of reason, and not just
an arbitrary decree of the legislator’s will.
It must be just honest possible of
fulfilment, useful and permanent as well as
promulgated.
19. – 3. it must be promulgated for the common
good. This purpose of law. It is not meant to
impose hardship or needless restriction upon
its subjects , but to promote true freedom
among them. It should insure the unhampered
exercise for free acts which will carry man
forward to his proper end.
20. • 4. A law is promulgate in a society
• 5. A law is made by one who cares for the
community or the society. The authors of
the law are legislators. To ensure the
observance, the authors of the law make
sanctions, inducements that are strong to
lead reasonable men to follow the
prescriptions of the law.
21. • We affirm that the guides and judges of
morality are human reason and authority.
• Definite laws, such as laws of affinity,
gravity and proportion, etc. control non-
living things.
• Beed 3C
22. • Man is led to his fulfilment and guided in
his response to his response to values by
certain principles and directives. It is our
genuine concern to find out what these
rules and principles are.
• Man studies his own nature and the things
around him, which are at his disposal and
serve him as means for the attainment of
his ends, man discovers that there exist
intrinsic tendencies and relations, which
will lead to contentment, peace, perfection
and happiness.
23. • The temptation to transgress these laws
which are moral, natural, and positive
laws, would lead to hubris. Man, therefore,
finds out that the twisting and ignoring of
these tendencies and relations cause
remorse, disorder and misery.
24. Example:
– Parents and children love one another. Parents
have the right to rear and educate their children
and to resist any undue interference. Teachers are
paid to educate children. Employers have the duty
to treat their employees properly and to pay due
compensation for their work. Employees have the
duty to earn their wages through conscientious
work. Every man has the right to choose freely
his civil status, whether or not to get married and
to whom. Everybody has the obligation to
practice religion or not at all. One could be
eclectic.
25. • These tendencies and relations can be
considered from 3 points of view.
– First, they are reflections or imprints of the
Eternal Law of God exist in His mind, and
according to which He created and ordains the
world; thus they reveal God’s own thinking.
– Second, they are impulsions in human nature
toward conduct accordant with its true reality.
They are inclinations to acts & ends proper to
man; they are finalities of human nature.
26. – Third, they are, when known to and understood
by man, the norm for his conduct and his manner
of behaving. Thus, they are the basis for the
formal natural law.
• They are the objective Natural Law from which
the Human Positive Laws are derived.
27. • Natural Law is defined as
the “mandatory aspect of
objective moral order” or
“a participation in the
eternal law by the rational
creature” or “a dictate of
reason concerning natural
goods.”
Organizations are
man-made,
organizations also
make the man.
People behave
according to the
organization they
are in
28. Natural Law Principles
a. The basic principles of Natural Law refer
to the immediate dictates of man’s natural
reason. These partake of the self-evident
principles.
b. The first principle is, and this is the very
basis of all laws whether education laws,
criminal or civil laws: Good is to be done
and evil is to be avoided. This is actually
the Golden Rule; Do to other men all that
you would have them do to you!
29. Functions of Human Positive Law
A. Positive Law determines and specifies
what is vague in the natural law.
That theft and rape must be punished is commanded
by the Natural Law; how it should be punished is
determined by the Positive Law imprisonment,
the amount of fine. In the teachers’ contract of
employment, at which exact moment does the
effectivity of the contract takes place?
30. B. Positive Law draws conclusions from the
Natural Law.
Natural Law requires that everybody must further
and foster own personal welfare through education
and also the welfare of the community in which he
lives. From this principle Positive Law draws the
conclusion that certain taxes must be paid, military
service must be rendered, public noise and
disturbance like karaoke bars near learning centers
must be avoided, and traffic regulations must be
followed.
31. C. Positive Law emphasizes and codifies
clear precepts of the Natural Law
Murder, theft, cheating in government examinations
are forbidden and punished by both Natural and
Positive Law.
32. • Positive Laws are the
particularized
determination of, or
conclusions from, or
accentuated
formulation of the
general precepts of the
natural law.
33. Natural Law is: Positive Law:
Fundamental
Absolute necessary
Unchangeable
Same everywhere and
always
Universal, for all men
Known by reason
Additional
Relatively necessary
Changeable
Abortion being legal in
other countries
• Different places and
different times
• Restricted for some
communities
• Imposed by authority
34. “Nihil est aliud quam rationis ordinatio ad
bonum commune ab eo qui curam habet
communitatis promulgata.”
St. Thomas of Aquinas
35. • His words mean that the law is an
ordinance of reason for the common good,
prmulgated by one who has care of the
community.
• Law is an ordinance of reason by
legitimate authority for the needs of the
community.
36. Explanation
Ordinance – an act of putting something in
order or of issuing a directive.
Of Reason – not of the will which use power
and sheer caprice but of prudent deliberation
of existing conditions of practical judgement
about proper actions.
37. • For the common good – not for the good
of an individual but for the benefit of all.
• Promulgated – made known by an official
notification (Positive Law) and by an
objective evidence (Natural Law)
• By Authority - legitimately established or
single or directorate, assembly.
38. Qualities of Law
a. It must be morally good.
b. Just and equal distribution of the
privileges and burden according to
distributive justice. (Ex: Fair promotion in
the job.)
c. Possible, morally and physically; heroism
cannot be prescribed. (Extra-ordinary war
service, public office, and too heavy
taxes.)
39. d. Relatively necessary; the community
suffers when there are too many laws and
likewise when there are too few.
e. Relatively permanent; too frequent
changes cause confusion and disrespect.