MODULE 1. Introduction to Legal Philosophy.docx

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***