SlideShare a Scribd company logo
1 of 39
M O R A L S E
U T
L A W S H
E I
S C
S
L E G A L
PED 112:
Relevant Laws
for Teachers in
the Philippines
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
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.
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.
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
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.
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.
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.
“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.”
• 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.
Cont..
• We set up laws and government and we
will behave accordingly with the intent of
having a better country.
• 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.
• 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.
• 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.
– 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.
• 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.
• 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
• 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.
• 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.
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.
• 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.
– 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.
• 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
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!
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?
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.
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.
• Positive Laws are the
particularized
determination of, or
conclusions from, or
accentuated
formulation of the
general precepts of the
natural law.
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
“Nihil est aliud quam rationis ordinatio ad
bonum commune ab eo qui curam habet
communitatis promulgata.”
St. Thomas of Aquinas
• 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.
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.
• 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.
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.)
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.

More Related Content

What's hot

What's hot (20)

Human Rights
Human RightsHuman Rights
Human Rights
 
Value and Ethics of Public Responsibility
Value and Ethics of Public ResponsibilityValue and Ethics of Public Responsibility
Value and Ethics of Public Responsibility
 
Article 1 to 18 - Civil Code of the Philippines
Article 1 to 18 - Civil Code of the PhilippinesArticle 1 to 18 - Civil Code of the Philippines
Article 1 to 18 - Civil Code of the Philippines
 
Integrity & Public Service (AB Galgo2009)
Integrity & Public Service (AB Galgo2009)Integrity & Public Service (AB Galgo2009)
Integrity & Public Service (AB Galgo2009)
 
Rights and Duties
Rights and DutiesRights and Duties
Rights and Duties
 
Positive Law or Analytical Legal Positivism
Positive Law or Analytical Legal PositivismPositive Law or Analytical Legal Positivism
Positive Law or Analytical Legal Positivism
 
Persons and family relations for proof-reading
Persons and family relations   for proof-readingPersons and family relations   for proof-reading
Persons and family relations for proof-reading
 
Module 1 pgs_overview (1)
Module 1 pgs_overview (1)Module 1 pgs_overview (1)
Module 1 pgs_overview (1)
 
NATURAL LAW
NATURAL LAW NATURAL LAW
NATURAL LAW
 
Lecture 6 introduction to criminal law
Lecture 6 introduction to criminal lawLecture 6 introduction to criminal law
Lecture 6 introduction to criminal law
 
Definition and classification of law
Definition and classification of lawDefinition and classification of law
Definition and classification of law
 
Ethics
EthicsEthics
Ethics
 
Public officers ppt
Public officers pptPublic officers ppt
Public officers ppt
 
Theories of Crime Causation.pptx
Theories of Crime Causation.pptxTheories of Crime Causation.pptx
Theories of Crime Causation.pptx
 
Ethics
EthicsEthics
Ethics
 
Norms of conduct-ADMINISTRATIVE
Norms of conduct-ADMINISTRATIVENorms of conduct-ADMINISTRATIVE
Norms of conduct-ADMINISTRATIVE
 
Different Kinds of Law
Different Kinds of LawDifferent Kinds of Law
Different Kinds of Law
 
legal right
legal right  legal right
legal right
 
Ra 7160 local government code
Ra 7160   local government codeRa 7160   local government code
Ra 7160 local government code
 
Criminology ppt by_waseem_i._khan
Criminology ppt by_waseem_i._khanCriminology ppt by_waseem_i._khan
Criminology ppt by_waseem_i._khan
 

Similar to L1 intro to laws

PRINCIPLES OF LAW : LAW OF CONTRACT
PRINCIPLES OF LAW : LAW OF CONTRACTPRINCIPLES OF LAW : LAW OF CONTRACT
PRINCIPLES OF LAW : LAW OF CONTRACTMakaha Rutendo
 
Ari Pregen - Law Contracts
Ari Pregen - Law ContractsAri Pregen - Law Contracts
Ari Pregen - Law ContractsAri Pregen
 
The foundational principles of morality
The foundational principles of moralityThe foundational principles of morality
The foundational principles of moralityboykembot
 
Values education summary
Values education summaryValues education summary
Values education summaryFritz Dao
 
Introduction to law and legal systems
Introduction to law and legal systemsIntroduction to law and legal systems
Introduction to law and legal systemsPriyanka Choudhary
 
Natural law theories
Natural law theoriesNatural law theories
Natural law theoriesFAROUQ
 
Introduction to law
Introduction to lawIntroduction to law
Introduction to lawAMBETHKAR P
 
3) law and morality
3) law and morality3) law and morality
3) law and moralityNur Athirah
 
Rjb bus 115 power point chap 1
Rjb bus 115 power point chap 1Rjb bus 115 power point chap 1
Rjb bus 115 power point chap 1ryokeley
 
Lecturess_6-7_Consequential_and_Deontological_Ethics.pptx
Lecturess_6-7_Consequential_and_Deontological_Ethics.pptxLecturess_6-7_Consequential_and_Deontological_Ethics.pptx
Lecturess_6-7_Consequential_and_Deontological_Ethics.pptxKatherineMadrid6
 
Ethics and morality
Ethics and morality Ethics and morality
Ethics and morality Slide Hub
 

Similar to L1 intro to laws (20)

PRINCIPLES OF LAW : LAW OF CONTRACT
PRINCIPLES OF LAW : LAW OF CONTRACTPRINCIPLES OF LAW : LAW OF CONTRACT
PRINCIPLES OF LAW : LAW OF CONTRACT
 
Ari Pregen - Law Contracts
Ari Pregen - Law ContractsAri Pregen - Law Contracts
Ari Pregen - Law Contracts
 
The foundational principles of morality
The foundational principles of moralityThe foundational principles of morality
The foundational principles of morality
 
Values education summary
Values education summaryValues education summary
Values education summary
 
Ethical theories
Ethical theoriesEthical theories
Ethical theories
 
Lec 1-Intro.pptx
Lec 1-Intro.pptxLec 1-Intro.pptx
Lec 1-Intro.pptx
 
Law and morality
Law and moralityLaw and morality
Law and morality
 
Introduction to law and legal systems
Introduction to law and legal systemsIntroduction to law and legal systems
Introduction to law and legal systems
 
Natural law theories
Natural law theoriesNatural law theories
Natural law theories
 
Introduction to law
Introduction to lawIntroduction to law
Introduction to law
 
3) law and morality
3) law and morality3) law and morality
3) law and morality
 
Rjb bus 115 power point chap 1
Rjb bus 115 power point chap 1Rjb bus 115 power point chap 1
Rjb bus 115 power point chap 1
 
sociology.pptx
sociology.pptxsociology.pptx
sociology.pptx
 
Concepts and features of law
Concepts and features of lawConcepts and features of law
Concepts and features of law
 
Rights and-duties
Rights and-dutiesRights and-duties
Rights and-duties
 
Business Law PPt.pptx
Business Law PPt.pptxBusiness Law PPt.pptx
Business Law PPt.pptx
 
Laws of crime
Laws of crimeLaws of crime
Laws of crime
 
2) law as rules
2) law as rules2) law as rules
2) law as rules
 
Lecturess_6-7_Consequential_and_Deontological_Ethics.pptx
Lecturess_6-7_Consequential_and_Deontological_Ethics.pptxLecturess_6-7_Consequential_and_Deontological_Ethics.pptx
Lecturess_6-7_Consequential_and_Deontological_Ethics.pptx
 
Ethics and morality
Ethics and morality Ethics and morality
Ethics and morality
 

Recently uploaded

EPANDING THE CONTENT OF AN OUTLINE using notes.pptx
EPANDING THE CONTENT OF AN OUTLINE using notes.pptxEPANDING THE CONTENT OF AN OUTLINE using notes.pptx
EPANDING THE CONTENT OF AN OUTLINE using notes.pptxRaymartEstabillo3
 
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdfssuser54595a
 
Science lesson Moon for 4th quarter lesson
Science lesson Moon for 4th quarter lessonScience lesson Moon for 4th quarter lesson
Science lesson Moon for 4th quarter lessonJericReyAuditor
 
A Critique of the Proposed National Education Policy Reform
A Critique of the Proposed National Education Policy ReformA Critique of the Proposed National Education Policy Reform
A Critique of the Proposed National Education Policy ReformChameera Dedduwage
 
_Math 4-Q4 Week 5.pptx Steps in Collecting Data
_Math 4-Q4 Week 5.pptx Steps in Collecting Data_Math 4-Q4 Week 5.pptx Steps in Collecting Data
_Math 4-Q4 Week 5.pptx Steps in Collecting DataJhengPantaleon
 
Science 7 - LAND and SEA BREEZE and its Characteristics
Science 7 - LAND and SEA BREEZE and its CharacteristicsScience 7 - LAND and SEA BREEZE and its Characteristics
Science 7 - LAND and SEA BREEZE and its CharacteristicsKarinaGenton
 
Hybridoma Technology ( Production , Purification , and Application )
Hybridoma Technology  ( Production , Purification , and Application  ) Hybridoma Technology  ( Production , Purification , and Application  )
Hybridoma Technology ( Production , Purification , and Application ) Sakshi Ghasle
 
Presiding Officer Training module 2024 lok sabha elections
Presiding Officer Training module 2024 lok sabha electionsPresiding Officer Training module 2024 lok sabha elections
Presiding Officer Training module 2024 lok sabha electionsanshu789521
 
Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...
Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...
Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...Krashi Coaching
 
Employee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptxEmployee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptxNirmalaLoungPoorunde1
 
Computed Fields and api Depends in the Odoo 17
Computed Fields and api Depends in the Odoo 17Computed Fields and api Depends in the Odoo 17
Computed Fields and api Depends in the Odoo 17Celine George
 
call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️
call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️
call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️9953056974 Low Rate Call Girls In Saket, Delhi NCR
 
Class 11 Legal Studies Ch-1 Concept of State .pdf
Class 11 Legal Studies Ch-1 Concept of State .pdfClass 11 Legal Studies Ch-1 Concept of State .pdf
Class 11 Legal Studies Ch-1 Concept of State .pdfakmcokerachita
 
Paris 2024 Olympic Geographies - an activity
Paris 2024 Olympic Geographies - an activityParis 2024 Olympic Geographies - an activity
Paris 2024 Olympic Geographies - an activityGeoBlogs
 
Blooming Together_ Growing a Community Garden Worksheet.docx
Blooming Together_ Growing a Community Garden Worksheet.docxBlooming Together_ Growing a Community Garden Worksheet.docx
Blooming Together_ Growing a Community Garden Worksheet.docxUnboundStockton
 
Crayon Activity Handout For the Crayon A
Crayon Activity Handout For the Crayon ACrayon Activity Handout For the Crayon A
Crayon Activity Handout For the Crayon AUnboundStockton
 

Recently uploaded (20)

EPANDING THE CONTENT OF AN OUTLINE using notes.pptx
EPANDING THE CONTENT OF AN OUTLINE using notes.pptxEPANDING THE CONTENT OF AN OUTLINE using notes.pptx
EPANDING THE CONTENT OF AN OUTLINE using notes.pptx
 
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
 
Science lesson Moon for 4th quarter lesson
Science lesson Moon for 4th quarter lessonScience lesson Moon for 4th quarter lesson
Science lesson Moon for 4th quarter lesson
 
Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝
 
Staff of Color (SOC) Retention Efforts DDSD
Staff of Color (SOC) Retention Efforts DDSDStaff of Color (SOC) Retention Efforts DDSD
Staff of Color (SOC) Retention Efforts DDSD
 
A Critique of the Proposed National Education Policy Reform
A Critique of the Proposed National Education Policy ReformA Critique of the Proposed National Education Policy Reform
A Critique of the Proposed National Education Policy Reform
 
_Math 4-Q4 Week 5.pptx Steps in Collecting Data
_Math 4-Q4 Week 5.pptx Steps in Collecting Data_Math 4-Q4 Week 5.pptx Steps in Collecting Data
_Math 4-Q4 Week 5.pptx Steps in Collecting Data
 
Science 7 - LAND and SEA BREEZE and its Characteristics
Science 7 - LAND and SEA BREEZE and its CharacteristicsScience 7 - LAND and SEA BREEZE and its Characteristics
Science 7 - LAND and SEA BREEZE and its Characteristics
 
Hybridoma Technology ( Production , Purification , and Application )
Hybridoma Technology  ( Production , Purification , and Application  ) Hybridoma Technology  ( Production , Purification , and Application  )
Hybridoma Technology ( Production , Purification , and Application )
 
Presiding Officer Training module 2024 lok sabha elections
Presiding Officer Training module 2024 lok sabha electionsPresiding Officer Training module 2024 lok sabha elections
Presiding Officer Training module 2024 lok sabha elections
 
Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...
Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...
Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...
 
TataKelola dan KamSiber Kecerdasan Buatan v022.pdf
TataKelola dan KamSiber Kecerdasan Buatan v022.pdfTataKelola dan KamSiber Kecerdasan Buatan v022.pdf
TataKelola dan KamSiber Kecerdasan Buatan v022.pdf
 
Employee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptxEmployee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptx
 
Computed Fields and api Depends in the Odoo 17
Computed Fields and api Depends in the Odoo 17Computed Fields and api Depends in the Odoo 17
Computed Fields and api Depends in the Odoo 17
 
call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️
call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️
call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️
 
Class 11 Legal Studies Ch-1 Concept of State .pdf
Class 11 Legal Studies Ch-1 Concept of State .pdfClass 11 Legal Studies Ch-1 Concept of State .pdf
Class 11 Legal Studies Ch-1 Concept of State .pdf
 
Paris 2024 Olympic Geographies - an activity
Paris 2024 Olympic Geographies - an activityParis 2024 Olympic Geographies - an activity
Paris 2024 Olympic Geographies - an activity
 
Blooming Together_ Growing a Community Garden Worksheet.docx
Blooming Together_ Growing a Community Garden Worksheet.docxBlooming Together_ Growing a Community Garden Worksheet.docx
Blooming Together_ Growing a Community Garden Worksheet.docx
 
9953330565 Low Rate Call Girls In Rohini Delhi NCR
9953330565 Low Rate Call Girls In Rohini  Delhi NCR9953330565 Low Rate Call Girls In Rohini  Delhi NCR
9953330565 Low Rate Call Girls In Rohini Delhi NCR
 
Crayon Activity Handout For the Crayon A
Crayon Activity Handout For the Crayon ACrayon Activity Handout For the Crayon A
Crayon Activity Handout For the Crayon A
 

L1 intro to laws

  • 1.
  • 2. M O R A L S E U T L A W S H E I S C S L E G A L
  • 3. PED 112: Relevant Laws for Teachers in the Philippines
  • 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.