legal philosophy

LABEL

From the Greek words telos (end) and logos (study of/discourse)

From philosophical jurisprudence to teleological jurisprudence

Fundamental POV: law is ordained for the achievement of righteousness, justice, fairness, and equity in the legal order


NATURAL LAW BASIS

Natural law has a great more deal in shaping the concept of law than any other idea

There is a very present bond between positive law and natural law

A good legal order can be deduced from the natural law, thus making the law universally valid for all peoples


ART. 19, NEW CIVIL CODE

Every person must, in the exercise of his rights and in the

performance of his duties, act with justice, give everyone

his due, and observe honesty and good faith.


THE GREEK CONCEPT

Absolute Justice

Rational Justice

Particular Justice


TRIPARTITE SOUL


SOCRATES ABSOLUTE JUSTICE

No person is intentionally bad or evil because of his or her understanding of justice

knowledge of justice (episteme) vs. mere opinion of justice (doxa)

Only the temperate person knows himself or herself, and thus, able to bring his or her emotions under control

just acts (virtuous) vs. unjust acts (vicious)


PLATOS RATIONAL JUSTICE

The reality or idea of justice exists in the mind even though one does not see it done or performed

Rational justice is the preservation of peace and harmony and the prevention of disturbance

Weakness: meliorism (inherent right of human beings to move on and better the quality of their lives)


ARISTOTLES PARTICULAR JUSTICE

Critique: absolute justice too exacting by demanding moral excellence; rational justice is still a subjective virtue

Justice is sound and sensible when, in the light of events and circumstances, it is fair and equal

Justice is a particular virtue, not a universal ingredient in the application of law in society


ARISTOTLES PARTICULAR JUSTICE

Proportional justice: each person receives what he or she is entitled to on the basis of ability and achievement

Numerical justice: each person, regardless of station in life, counts for one and only one

Particular justice is rendering to every person what he or she is entitled to based on the rule of law


LAW AS THE PRODUCT OF REASON RELATED

TO JUSTICE AND EQUITY

Man is a rational and free-willing being. In the case of law,

its fulfilled reality is found in the realization of the

precepts of the natural law in the legal order.


THE ROMAN CONCEPT

Cicero

Gaius


THE ROMAN CONCEPT

Rudolph Stammler: The Romans simply repeated in the Latin language the expressions of the Greek philosophers

especially the ideas of the Stoics

Greeks: nature of law remained a philosophical speculation

Romans: subjected the nature of law to technical analysis


CICERO

Element of Compulsion: law must be able to compel obedience as an effective means of social control

Fundamental POV: law is the natural force that effectively controls society summons people to obey it by commands and averts wrongdoings by means of prohibition


CICERO ON JUSTICE

Justice consists in doing no injury to men.

Justice is the set and constant purpose which gives every man his due.

The foundations of justice are that no one should suffer wrong; then, that the public good be promoted.

Justice must be observed even to the lowest.

Justice extorts no reward, no kind of price; she is sought for her own sake.


CICERO ON LAW

True law is right reason in agreement with nature; it is of universal application.

The precepts of the law are these: to live honestly, to injure no one, and to give everyone else his due.

According to the law of nature it is only fair that no one should become richer through damages and injuries

suffered by another.

The strictest law often causes the most serious wrong.

The more laws, the less justice. JACOBE | ALMAGRO | BUENAOBRA | REVILLA | QUIZON

GAIUS

Jus Civile: rules established by the citizens to govern themselves

Jus Naturale: rules common to all other persons based on the natural law

Fundamental POV: rules in derogation of the precepts of the natural law are not laws at all; rules must be conducive to lawness


GAIUS

Continuous process of removing unnatural law from the books

Laws must be re-examined the lawmaking body every once in a while

Legal cleansing to comply with the end and purpose of the law


THE AQUINIAN CONCEPT

Justice

Law and Sovereignty

Immutability of Law



Thomas Aquinas based the claim of the Romish church to absolute authority by advancing the idea that some church

doctrines are defensible by formal reasoning

He expressed the view that a human being has a rational soul and will of his own, This is ordained by God for the

universal good



Aquinas like Plato, believed in the rational capacity of human beings. But Aquinas drew a sharp restriction on

what human reason is capable of

For Aquinas, right reason is the governing rule of human conduct for the common good, which is preferable to ones proper good, because the common good of the whole is God

Himself


LAW AND SOVEREIGNTY

Thomas Aquinas advanced the proposition that the public welfare or the common happiness is the first concern of

the people since the direction of anything to this end is the

concern of those to whom the end or purpose belongs.


IMMUTABILITY OF LAW

Thomas Aquinas advanced the idea that changes do occur in the subsequent applications of the law and these changes

may be by expansion or contraction in accordance with the

civilization of the time and place.


THE KANTIAN CONCEPT

Human Consciousness and Conduct

The Sense of Striving for Righteousness

Metalegal Basis of Law


THE UTILITY SUPPLEMENT

Stages of Modern Utilitarian Ethics

The Benthamite and Jherinian Concepts

Value of the Utility Supplement


DOCTRINE OF UTILITARIANISM

Considered that the useful is the good and that the determining consideration of right conducts should be the

usefulness of its consequences.

Happiness of the measure of the goodness or badness of acts and their consequences based on the hedonistic

calculus, a theory that the aim of action should be the

largest possible balance of pleasure over pain or the

greatest happiness of the greatest number.


PROPONENTS

Epicurus (324- 270 B.C)

Formation of values and judgments is the intellectual and aesthetic happiness or pleasures that are the good.

Telos of the law are the pleasures that are conducive to repose of both individual and societal needs.


PROPONENTS

Plato gave two considerations on the theory of the nature of law

What pleasures ought not to be sought

What pains ought to be avoided in the legal ordering of society

Cicero (106- 43 B.C)

Pleasure which is not an enticement to vice is the highest good and that pain is evil leading to the

destruction of human nature and reason.


PROPONENTS

Modern Utilitarian

Based on the fact that Pain appears to be a major part of human existence and pleasure is temporary release

from pain. Modern utilitarian came up to the idea that

legal ordering of the society must always be directed to

the overcoming of pain.

Theory of the good and Theory of value

Happiness of the people is based on the beneficial consequences of their acts.


THE BENTHAMITE CONCEPT

Jeremy Bentham states that the greatest happiness of the greatest number should be the ultimate goal of society

and of the individual.



Nature Basis

Forces that affect the ordering of human society

Nature has placed human beings under a regime of pleasures and pains.

Every act or conduct is done to procure the happening of some good (pleasure) or to prevent the occurrence of

some bad (evil).



Measure of Utility

To test his creation Bentham created a measure of utility in terms of pleasure and pains to evaluate the

effects of acts and conduct on the greatest happiness of

the greatest number of individual in the community.

Bentham enumerated some of the pleasures and pains

which human being are susceptible.



Two ways of measuring the utility of an act and its consequences

Number of the people affected the degree of pleasantness or painfulness over a time, influence of

more immediate rather than pleasures or pains, and the

tendency to produce or not to produce pleasures or

pains.

Measuring the utility of a conduct as to the personal or individual differences as to sensibility to pleasures or

pains. JACOBE | ALMAGRO | BUENAOBRA | REVILLA | QUIZON


The acts whether they are public or private and their consequences are to be measured by calculus of pleasures

and pains.

That the act of the government would be the basis of the maximization of justice (pleasure) so that the goal that

greatest happiness of the greatest number should be

achieved. Jeremy Bentham proposed a process in which

misery or injustice can be diminished and, whenever

possible happiness or justice can be increased.


THE JHERINIAN CONCEPT

Law should address the realization of the partnership of

the individual and society. Individual persons should not

ignore the interest of the society for which they are part

of the society. Interest of an individual in the society is

done not only for his own good but also for the good of the

society. All things are considered in their societal context.


LAW OF PURPOSE

Principle of Purpose

Principle of purpose that operates in the legal ordering of the society, that every exercise of the will of a person

there is a reason behind that. The concept of proximate

cause should be reconsidered in the principle of

purpose.


LAW OF PURPOSE

Teleological idea that nature has endowed human beings with an interest in pleasures and inclination to shun pain.

Selfish tendency of furthering individual interest will not help for the good of the greatest number of the person

in the society.


SOCIAL MECHANICS

Egoistic Levers incentives that are addressed to the region of self- interest.

Types of Egoistic Levers

a. coercive mechanical and psychological needs.

b. non- coercive fact or event of a reward and the fact or reward of association.


SOCIAL MECHANICS

Altruistic Levers- the principle or practice of concern for the welfare of others. Type of levers that is directed to the

benevolent or generous interest of the members of the

society


VALUE OF THE UTILITY SUPPLEMENT

Utilitarian supplement to the teleological perspective of the nature of law is important to realize that both

individual interest and collective purpose should become

the end or object of the science and art of legislation.


THE HEGELIAN CONCEPT


THE HEGELIAN CONCEPT

All concepts are actualized by these dialect movement, that is to say a concept (thesis) may evoke an opposite idea

(antithesis) and out of their reconciliation or identification

emerges a new concept (synthesis).

The usual application of the Hegelian concept is individualism vs collectivism


THE HEGELIAN DIALECTIC

Both are reconciled by means of the principle of identity, the resulting synthesis becomes the identification or

reconciliation of the opposing views or ideas into a

concrete concept


THE HEGELIAN DIALECTIC


FACTS: Ichong vs. Hernandez

Republic Act No. 1180 entitled An Act to Regulate the Retail Business, prohibiting aliens in general to engaged in retail trade in our country.

The petitioner is a Chinese national engaged in the retail business in the Philippines. Petitioner, for and in behalf of

other alien residents, corporations and partnerships

adversely affected by the provisions of RA No. 1180, brought

this action to obtain a judicial declaration that said Act is

unconstitutional.


ISSUE: Ichong vs. Hernandez

Whether or not Congress in enacting RA No. 1180 violated the UN Charter, the UN declaration of Human Rights and the

Philippine-Chinese Treaty of Amity


HELD: Ichong vs. Hernandez

The UN Charter imposes no strict or legal obligations regarding the rights and freedom of their subjects, and the

Declaration of Human Rights contains nothing more than a

mere recommendation, or a common standard of

achievement for all peoples and all nations.


HELD: Ichong vs. Hernandez

The treaty of Amity between the Republic of the Philippines and the Republic of China guarantees equality of treatment

to the Chinese nationals upon the same terms as the nationals of any other countries, except those of the United

States, who are granted special rights by the Constitution,

are all prohibited from engaging in the retail trade.


CASE ANALYSIS: THESIS

In the case at bar, the thesis is that retail trade practice, as averred by the complainant Ichong, must be allowed to

all persons whether residents or aliens. For the

complainant the government must have less restrictions or

barriers on retail trade and let competition takes it place to

achieve its economic level.


CASE ANALYSIS: ANTITHESIS

However, the antithesis is the State indeed has valued the importance of retail trade in the economy and thus finds

reason to support it. During those times the players in the

retail trade industry were mostly and almost to the brink of

total domination of foreign nationals. Foreign nationals who

are owners of retail trade would most likely serve only

their personal interest and not of the country as a whole.

Therefore the government then sees to protect the vital

part of retail trade in the economy


CASE ANALYSIS: SYNTHESIS

The synthesis is that RA NO. 1180 is a valid exercise of police power to achieve not only its economic purpose but of the

national interest as well.


MODERN TELEOLOGICAL ANALYSIS

Juristic Approach

Ethical Relativity

Interest of the State


legal philosophy

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idea of justice

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nature of law

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