MODULE 1: Introduction to Legal Philosophy PDF
Document Details
Tags
Summary
This document introduces legal philosophy, exploring various theories like natural law, positivism, and interpretivism. It discusses the nature of law, its components, and its role in society. The document is likely part of a university-level course.
Full Transcript
I. **[The Crazy LAW and I]** - *What is LAW?* 1. *a natural force, the highest reason, one "implanted in nature, which commands what ought to be done and forbids the opposite* 2. *the mind and reason of the intelligent man whose natural function is to command right forbid wrongdoing....
I. **[The Crazy LAW and I]** - *What is LAW?* 1. *a natural force, the highest reason, one "implanted in nature, which commands what ought to be done and forbids the opposite* 2. *the mind and reason of the intelligent man whose natural function is to command right forbid wrongdoing.* 1. *a rule and measure of human acts pertaining to reason* 2. *in all those things that are inclined to something* *Nilo vs. Court of Appeals, 128 SCRA 524* *Lapitan vs. Philippine Charity Sweepstakes Office* - *What is PHILOSOPHY?* - Pythagoras of Samos, Greek philosopher and mathematician - Robert Browning, an English poet and playwright. - Fr. Ranhilio Aquino, Eminent Filipino Legal Philosopher *It is a "knowledge of things by their ultimate causes or reasons"* *USES OF PHILOSOPHY* 1. DEEPER UNDERSTANDING 2. WISDOM II. **[LEGAL PHILOSOPHY]** *LEGAL PHILOSOPHY is a systematic study that:* 1. *seeks to understand the nature and essence of law* 2. *its definition and elements* 3. *the sources of its authority* 4. *its various applications and development* 5. *its role in society* - COMPONENTS OF LEGAL PHILOSOPHY III. **[LEGAL THEORIES]** 1. The Teleological or Natural Law Theory 2. The Positivist Theory 3. The Interpretivist or Constructivist Theory 4. The Realist Theory 5. The Critical Theory 1. **THE TELEOLOGICAL OR NATURAL LAW THEORY** *- I Matthew 7- 12* 2. **THE POSITIVIST OR COMMAND THEORY** *"SO LET IT BE WRITTEN. SO LET IT BE DONE"* 3. **THE INTERPRETIVIST OR CONSTRUCTIVIST THEORY** 4. **THE REALIST THEORY** 5. **THE CRITICAL THEORY** ***References:*** ***PHILAWSOPHIA: Philosophy and Theory of Philippine Law by Niccolo F. Bernardo and Oscar F. Bernardo*** ***Legal Philosophy For Filipinos: A Case Study Approach by Gil Marvel P. Tabucanon***
