Questions and Answers
What does the Teleological or Natural Law Theory emphasize?
Which component is NOT a part of Legal Philosophy?
What is one of the primary uses of philosophy mentioned?
Which legal theory views law as a command from sovereign authority?
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What is the ultimate focus of legal philosophy?
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Study Notes
What is LAW?
- Defined as a natural force and highest reason embedded in nature, commanding actions and forbidding wrongdoings.
- Represents the rational capacity of intelligent beings, regulating human behavior through reason.
- Functions as a rule and measure guiding human actions aligned with rational order.
- Relevant case references:
- Nilo vs. Court of Appeals, 128 SCRA 524
- Lapitan vs. Philippine Charity Sweepstakes Office
What is PHILOSOPHY?
- Associated with notable figures:
- Pythagoras of Samos (Greek philosopher and mathematician)
- Robert Browning (English poet and playwright)
- Fr. Ranhilio Aquino (Eminent Filipino legal philosopher)
- Described as the pursuit of knowledge about things through understanding their ultimate causes and reasons.
Uses of Philosophy
- Facilitates a deeper understanding of existence and concepts.
- Aims to cultivate wisdom and ethical reasoning.
Legal Philosophy
- Systematic study focusing on:
- Understanding the nature and essence of law.
- Defining law and its fundamental elements.
- Identifying sources of legal authority.
- Exploring various applications and the evolution of law in society.
- Examining the societal role of law.
Components of Legal Philosophy
- Encompasses fundamental principles, sources, and functions of law in a comprehensive analysis.
Legal Theories
- Diverse theories document the nature of law:
- Teleological or Natural Law Theory: Emphasizes the moral purposes of law, referencing Matthew 7:12.
- Positivist Theory: Asserts that law is a command and must be followed as stated (e.g., "SO LET IT BE WRITTEN. SO LET IT BE DONE").
- Interpretivist or Constructivist Theory: Highlights the interpretative nature of law in practice.
- Realist Theory: Focuses on the actual effects and applications of law in real-world situations.
- Critical Theory: Analyzes law through a critical lens, often questioning existing structures and social implications.
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Description
Test your understanding of the concept of law, including its definition and implications on human behavior. This quiz explores various interpretations of law and important legal cases that illustrate these principles. Challenge yourself with insightful questions about legal reasoning and the nature of law.
