L1 intro to laws
- 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.
- 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.
- 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.