What is the nature of law? Is jurisprudence worth studying?

Collective – bulk of laws relating to one subject matter

based on its nature and purpose (i.e. substantive, remedial, special
Juristic school laws affecting public or private relations) or determinate source of
Historical Origin of law in the context Where did the law origin (i.e. Philippine law)
of common consciousness of come from?
a group of people Abstract – theoretical sense (i.e. precepts that define
Teleological Nature of law in terms of What s the end of rules, principles, concepts, standards; and ideals)
moral and rational nature of the law?
people Nonjural those not enacted such as the divine, natural, moral, and
Positive Law in the state’s rules and What is the physical laws
norm, authority and force distinctive Divine Law – provided by God (jus divinum)
(even when a law is unjust, structure and - in its strict sense: law of religious faith
as long as it applies to content of law? embodied in sacred writings (i.e. 10 commandments, Quran)
everyone, it’s ok) concerning sin and salvation, death and life, temporal and spiritual
Functional Law in satisfying the How does law
contradicting claims, works? Natural Law – based on righteousness, justice, fairness,
demands and expectations and equality
of people PLATO : just in natural law = ought
Realist Law as experienced by the Is the law verifiable just in representational = is
people in the practical life ARISTOTLE: fair and equal natural justice = absolute
of people?
Policy-science Degree of success of a What is the basis GREEKS
community to achieve of an effective Plato just = ought
certain values global, regional Aristotle fair and equal = absolute
and national legal ROMANS
order in relation Stoics to achieve equality = to have
with social value? mental fortitude, discipline and
serenity in meeting
LAW any rule of action or order of sequence from which any uncertainties
beings either will not, cannot, ought not to deviate
Law as a rule of action live with nature
Epictitus natural good person is defeated
Warrant Act though rules of by materialism
Instruction governing Conduct action are
Measure Transaction violated, they core of human personality :act
Regulation Proceeding can’t be broken with RJFE
Decision St. Paul law in the hearts

Law as an order of sequence an absolute arrangement, deviation conscience guided by love and
results to inconvenience or injury reason
Augustine Good faith in all human beings
Focal point of non-deviation
Will not there is determination to abide CONCEPTS Impressed in the heart and
with; mind to guide in :
future conformity *exercising a right
Cannot no other way but to obey *performing obligations
Ought not Offers alternative to action *observing rules
*preserving order and unity
JURAL and NON-JURAL PRECEPTS RJEF
Jural is the particular, collective, abstract sense of law FUNCTION in the Legal Order Justificatory use – as a basis of
an act (e.g. public international
Particular – written enactment of the legislative branch of law: it will be socially harmful to
the government composed of provisions for different situations and have a different basis for it;
incentives and sanctions EDSA; Laws of Spain applied in
- rules and opinions promulgated by the the Philippines)
Supreme Court and of highly qualified persons, jurists or Oppositive use – when a statute
government officials is contrary to the precepts of
- contracts not contrary to law which is natural law, it becomes the right
considered the law between parties and duty of people to reveal the
protest to such statute

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FUNCTION in the Legal Order Regulatory use – in determining Law is national in character – conservatively oriented to time,
(cont’d) the validity of statutes place, character, individuality of a particular group

Indications of an unjust law:  State as the highest expression of folk soul because
-adverse reaction of people sovereignty resides in the people and it is the aggregate of the
- preference of people is people.
embodied in the constitution
(preamble)  similar legal orders
 Function on legal order: underlying themes in social relations
A law is valid when it is (Civil Code)
constitutionally valid and in
accordance with the precepts of TELEOLOGICAL PERSPECTIVE
natural law Fundamental point-of-view: achievement of the precepts
Interpretative use – natural law of RJFE is the telos of law; a good legal order deduced from natural
as a device to express legislative law makes it universally valid for all peoples
intention (statutory: interpret
and construe) Greek
ABSOLUTE JUSTICE (Socrates) PRACTICAL JUSTICE (Aristotle)
Legislative: inappropriate use **no person is inherently **fair equality
of words bad/evil (absolute knowledge of Justice in relation to the
difficult to include justice) conditions of society, its
all possible imperfect people and imperfect
situations -----failure to do what is just due institutions
to: mistake, bad company,
** Criticisms physiological appetite **particular justice – render is
Natural law is not part of the legal system as nearly as possible to every
Natural law has no place in a politically organized society **only a temperate person person what is entitled to
knows himself/herself and is him/her
It is antithetical in the good legal order
able to control his/her emotions
Good, happy, sound person
Moral Law – based on good and right conduct (ethics)
can judge his/her acts whether
- absolute
they are just or unjust
Moral norms Social norms
Permanent patterns of good and Diverse and different in times
exemplary conduct and places; varies with each
Roman
class
IMPORTANCE OF COMPULSION (Cicero)
disobeyed: social reprobation
law be based on utility since humankind is governed naturally
through social censure (public
by it. ===in the interest of the ruler, not of the governed
abandonment, ostracism, actual
punishment
law cannot be based on rationality alone, it must be able to
compel obedience
conformed: social approbation
people comply not only because they are intelligent and
through acknowledgement,
rational but because it is their desire to avoid undesirable
endorsement, reward
consequences
if man received the gift of reason, he receives the gift of law, if
Physical law – laws of nature he has law, he has justice. he CANNOT violate his own sense of
- imperative (fixed and unbreakable) and
justice.
regular (constant)
- independent of human will
Prudence is NOT justice ==an honest person may be a fool but
- existing from the beginning
he is just but a prudent person will both be unjust and wicked
- observed phenomena orderly and regularly
occurring
truly just - peace of mind, free from fear, anxiety, preserves
HISTORICAL PERSPECTIVE
respect, gratitude, admiration
Source: OBLUTIACS
Opinion
Belief
Longing
Usage
Tradition
Idiosyncracy
Arts
Customs
Superstition
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SOPHIA or RIGHT REASON (Aquinas)
 is the intuition to do and promote good and avoid evil
for the common good

2 souls of human beings: rational and nutritive

-----nutritive are unhealthy physiological sensations which restrict
the rational
-----what human reason is capable of are the precepts if natural
law

re: IMMUTABILITY OF LAW

principles are the same but subsequent applications change
through expansion, contraction, superimposition for the welfare of
the people
>varying human experience
(private property and slavery due to economic progress; freedom of
expression limited to no freedom of harmful speech)

TRANSCENDENTAL PHILOSOPHY (Kant)

beyond the realm of sense experience; learning determined
by the mind

A priori determination
ideas and concepts can exist in the mind prior to sense-
experience
1.Principle of rightness use of thinking, volition and
judgment
2.Categorical imperative determining if an act is injurious
to others through ethical ought or moral motivation

UTILITARIANISM greatest happiness to the greatest number

INDIVIDUALIST UTILITARIAN (Bentham) while an individual is part of

a society, he/she reserves an element of individuality to
himself/herself
---measure: pleasure, pain
*criticism: one’s happiness cannot measure that of the
society’s

LAW OF PURPOSE (Jhering) every act must have a purpose

---pleasure and pain is not limited to when an act is
already done, it also concerns the ‘before’ of an act

**application:
science of legislation-knowledge of what’s good for the
community
art of legislation – finding ways to accomplish the good
end of legislation – happiness for the greatest number

PRINCIPLE OF IDENTITY (Hegel) seeks reconciliation of opposing

views
Concept to opposite idea to new concept

MODERN TELEOLOGICAL knowledge of right and wrong vary with

the changing time, place and people
---ethical relativity
**good and just = acts in conformity with the interest of
the state

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