There are two conventional kinds of law: the natural law and the statutory law. Natural law, obviously, should be found because the nature mandates that law and not the human race. It is alleged to be the “Law of God” or divine law. The statutory law is the laws that are enacted by the legislative branch of the government and, obviously, it is made. It can be declaring, commanding or prohibiting something. Aside from the two conventional types of law, there is what we call the common law or case law. The common law is usually not written in codes such as the Civil Code and Revised Penal Code. It usually came from the customs and traditions of the people. The case laws (e.g. David vs. Arroyo) are those cases that are resolved by the Supreme Court. The doctrines from the cases resolved become part of the law of the land. That also resolves the ambiguous words of the statutes.
Many legal philosophers focused on the Division of Classes (Greek), Social Contract (Hobbes, Locke, and Rousseau), General Will (Kant), and Division of Powers (Montesquieu). Those legal structures are based on the societal situations of their respective eras. They found solutions on the problems of their respective societies then made, construct and proposed theories.
Many of the statutory laws are derived from natural laws. It is natural in all cultures that killing people is not proper therefore the laws on crimes against person are made. Natural law is the basis of the statutory law and natural law should be found. Therefore laws should be both found and made. The cycle does not end there. Case laws are still on way that finds ambiguity on the made statutory laws and clarify them. Therefore, even if the law is already made, we should still find some solutions to the legal problem. One example is the voting system of Philippine congress on the constitutional convention. Section 3 Article XVII of the 1987 constitution reads:
It is clearly written that the Congress’ 2/3 vote is needed but let us bear in mind that we have two houses of congress, the Senate and the House of Representatives. The constitution did not provide if they will vote jointly or separately. If they vote jointly, the Senate will be outnumbered by the House of Representatives. The Supreme Court should resolve that legal issue even if it is already written and made.
Many legal philosophers focused on the Division of Classes (Greek), Social Contract (Hobbes, Locke, and Rousseau), General Will (Kant), and Division of Powers (Montesquieu). Those legal structures are based on the societal situations of their respective eras. They found solutions on the problems of their respective societies then made, construct and proposed theories.
Many of the statutory laws are derived from natural laws. It is natural in all cultures that killing people is not proper therefore the laws on crimes against person are made. Natural law is the basis of the statutory law and natural law should be found. Therefore laws should be both found and made. The cycle does not end there. Case laws are still on way that finds ambiguity on the made statutory laws and clarify them. Therefore, even if the law is already made, we should still find some solutions to the legal problem. One example is the voting system of Philippine congress on the constitutional convention. Section 3 Article XVII of the 1987 constitution reads:
“The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.”
It is clearly written that the Congress’ 2/3 vote is needed but let us bear in mind that we have two houses of congress, the Senate and the House of Representatives. The constitution did not provide if they will vote jointly or separately. If they vote jointly, the Senate will be outnumbered by the House of Representatives. The Supreme Court should resolve that legal issue even if it is already written and made.
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