Both of which might be abolished without much disturbance

1. Contract to do a prohibited act is UNLAWFUL

PATH OF THE LAW 2. If one of two/more joint wrongdoers have to pay all the damages, he can NOT
recover contribution from his fellows
OLIVER WENDELL HOLMES  FORCES WHICH DETERMINE THE CONTENT & GROWTH OF LAW
 COMMON LAW - AUSTIN, HOBBES & BENTHAM: all law emanates from the sovereign
- England is a common law jurisdiction & Holmes was an English jurist 1) LOGIC
 REASON WHY IT IS A PROFESSION 2) HISTORY
- In society like ours, the command of public force is TRUSTED to the judges in certain 3) TRADITION
cases & the whole power of the state then shall be put forth to carry out their 4) THEORY
judgments & decisions 5) JURISPRUDENCE
 OBJECT & MEANS & PROCESS OF THE STUDY 6) LEGISLATION
- OBJECT: prediction; the prediction of the incidence of the public force through the 7) LANGUAGE
instrumentality of the courts 8) EXPERIENCE
o Predictions; finite body of dogma which may be MASTERED within a 9) ECONOMICS
reasonable time—manageable if you distill the legal principles behind that  Training of lawyers is training in logic
- MEANS: by body of reports, treatises & statutes LOGIC  Language of judicial decision is the language of logic
o Oracles of the law: settled prophecies of the past which jurisprudence  Logical argumentation is what the law is about
busies itself  Rational study of law is to a large extent a study of history & the
latter necessarily plays in the intelligent study of law today
- PROCESS: process is one; HISTORY  MAN OF PRESENT: blackletter man
1) Lawyer’s statement of case  MAN OF THE FUTURE: man of statistics & master of economics
2) Eliminating all dramatic elements with his client’s story  Law of contract is found full of history
3) Retaining only the facts of legal import TRADITION  Overrides traditional policy
4) Final analyses & abstract universals of theoretical jurisprudence  Most important dogma of the law
THEORY
- NOTE: always DISTILL body of jurisprudence from body of law  The subject & not the practical details
 Simply law in its most generalized part
 LEGAL DUTY  Application of the broadest rules/general principles of law
- Nothing but a prediction that if a man does/omits certain things; he will be made to JURISPRUDENCE
 Precedent when it is a collection already
SUFFER in this/that way by a judge of the court  Language of judicial decision is mainly the language of logic
 BAD MAN  Desirability of peace is unlikely to come without the aid of
legislation
- He only cares for the material consequences & has no conscience & no morals. Has
 Evolutionist will hesitate to affirm the universal validity of
much reason as a good one for wishing to AVOID an encounter with the public force. LEGISLATION
social ideals & principles that he thinks should be embodied in
o Here you can see the practical importance of the distinction between legislation
morality & law  Need to weigh its ends in the present political economy
 Law is full of phraseology drawn from morals & by the mere
 LAW & MORALITY
force of language it continually invites us to pass from one
- Law is the witness & external deposit of our moral life; if not apart from morality, is LANGUAGE
domain to the other without perceiving it, as we are sure to do
LIMITED by it unless we have the boundary constantly before our minds
o NOTE: law arises not from morality but from experience  Law arises from experience in human tradition & changes to the
EXPERIENCE
times
(human tradition & changes to the times)
 Lawyer should ought to seek an understand of this especially in
LAW MORALITY ECONOMICS the present divorce between the schools of political economy &
1. SYSTEM OF REASON law
2. DEDUCTION from principles of
ethics/admitted axioms
1. ACTUAL INTERNAL STATE OF MIND o ONE MARK OF A GREAT LAWYER: application of the broadest rules
2. LAW NOT ARISING FROM THIS but can LIMIT it
3. PROPHECIES of what the courts will do  LIMITS OF THE LAW
4. NOTION OF LEGAL DUTY is contained here - What the law says & based on law not morality
o Happiness: we all want happiness but cannot be won simply by being 1) DO NOT CONFUSE LAW & MORALITY
counsel for great corporation & having an income so high 2) FALLACY OF LOGIC
- LAW OF CONTRACT: nowhere the confusion between legal & moral ideas more o Fallacy of logic; that the only force at work in the development of law is
manifest than this logic
o Primary rights & duties are invested with a mystic significance beyond - SINGLE END: learning & understanding the law
what can be assigned & explained - SOCIAL END: aimed at by a rule of law is obscured & only partially attained in
 TWO (2) INSIGNIFICANT LEGAL DOCTRINES consequence of the fact that the rule owes its form to a gradual historical development
1
 instead of being reshaped as a whole with conscious articulate reference to the end
in view
o MONEY: most immediate form & proper object of desire
o FORTUNE: measure of intelligence
o HEGEL: it is the opinion, not the appetite which has to be SATISFIED in the
end; it is the command of ideas, not money which shall be the far-reaching
form of power
 TO GAIN A LIBERAL VIEW OF YOUR SUBJECT:
o Not to read something else but get to the bottom of the subject itself.
1. FOLLOW the existing body of dogma into its highest generalizations by the help of
jurisprudence;
2. DISCOVER from history how it has come to be what it is
3. CONSIDER the ends which the several rules seek to accomplish,
o reasons why those ends are desired;
o what is given up gaining them &
o whether they are worth the price
 HAPPINESS
- We cannot all be Descartes or Kant but we all want HAPPINESS.
o Happiness: cannot be won simply by being counsel for great corporation &
having an income of fifty thousand dollars
o An intellect great enough to win the prize needs other food besides
success—find your own bliss & passion

- Educational institutions may NOT operate a law school UNLESS accredited

by the Board & required by the government.
- Board may withdraw/downgrade the accreditation of the law school that
SECTION 8
fails to maintain the standards set.
Accreditation
EFFECTIVITY OF THE WITHDRAWAL/DOWNGRADING
- After the lapse of the semester/trimester following the receipt of the school
of the notice UNLESS it meets or upgrades its standards
SECTION 11 - Special endowment fund controlled by Board & administered by SSS as
Legal Education Fund separate fund
SECTION 12 - Applies to all schools & colleges of law which are presently under the
Coverage supervision of DECS
- Amount of P1,000,000.00 authorized to be charged against the current year’s
SECTION 13 appropriation of the contingent fund for the initial expenses of the Board
Appropriation - Appropriated the amount of P10,000,000.00 annually under DCS budget for
a period of ten (10) years effective 1994 fiscal year