LPS 3104 Legal Philo Premids

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Law

Rule of conduct, just, obligatory, formulated by legitimate power for the common observance and benefit.

Marcus Tullius Cicero

According to: ________.

Law is a natural force, the highest reason, one “implanted in nature, which commands what ought to be done and forbids the opposite.

Marcus Tullius Cicero

According to: ________.

Law is the mind and reason of the intelligent man whose natural function is to command right forbid wrongdoing.

Thomas Aquinas

According to: ________.

Law is a rule and measure of human acts pertaining to reason. In all those things that are inclined to something.

Nilo vs. Court of Appeals

According to: ________.

Law is a “rule established to guide our actions with no binding effect until it is enacted, thus, it has no application to past times but only to future times.”

Lapitan vs. Philippine Charity Sweepstakes Office

According to: ________.

Law is in its general and abstract sense: “The science of moral laws founded on the rational nature of man that governs his free activity for the realization of the individual and societal ends of life”
Law in its specific and concrete sense: “it is a rule of conduct, just, obligatory formulated by legitimate power for common observance and benefit”

Philosophy

It seeks to discover the essence, nature and foundation of things as opposed to their appearance. It is the search for the reality and truth of things.

Philosophia

It means “love of wisdom”.

Philos

Translation: Loving, fond of, or a friend

Sophia

Translation: Wisdom, skill, or deep knowledge.

Phythagoras of Samos

According to: ______.

“Sophia” means the knowledge of the underlying reasons or causes for things as they appear to us, knowing the reasons why a thing is what it is.

Robert Browning

According to: ______.

“Philosophy is the search for meaning”.

Fr. Ranhilio Aquino

According to: ______.

Philosophy: “is a knowledge of things by their ultimate causes or reasons”.

Deeper Understanding
Wisdom

The uses of philosophy.

Legal Philosophy

The systematic study that seeks to understand the nature and essence of law, its definitions and elements, its sources of authority, its various applications and development, and its role in society.

seeks to understand the nature and essence of law
definitions and elements
sources of authority
various applications and developments
role in society

5 Elements of Legal Philosophy

Analytical Jurisprudence
Normative Jurisprudence

2 Components of Legal Philosophy

Analytical Jurisprudence

Identifies the fundamental components of law in an effort to describe what it is and what it is not.

Normative Jurisprudence

Investigates both the non-legal norms that shape law and the legal norms that are generated by law as a guide to human action.

Teleological or Natural Law Theory
Positivist or Command Theory
Interpretivist or Constructivist Theory
Realist Theory
Critical Theory

The 5 Legal Theories

Teleological or Natural Law Theory

A theory that states:

• “Going Natural”

• “Do to others whatever you would like them to do unto you. This is the essence of all that is taught in the law and the prophets.”

• According to ________, nature is how people normally behave and are expected to behave and are expected to behave.

Positivist or Command Theory

A theory that states:

• The Law Says So”

• “So Let it Be Written. So Let It Be Done”.

• ______ are positive on what the law posits by the authority given to the State or by socially accepted rules.

Interpretivist or Constructivist Theory

A theory that states:

• “The Spirit of the Law”

• “The judge is nothing but the law speaking”

• ________ point that the law is more than explicitly adopted rules and has merits and principles that can be interpreted or constructed by the courts to contribute to the growth of law.

Realist Theory

A theory that states:

• “Get Real”

• “The Law, wherein, as in a magic mirror, we see reflected, not only our own lives, but the lives of all men that have been! When I think of this majestic theme, my eyes dazzle”.

• _________ focus on human realities that are often overlooked by hard law, technicalities and abstract policies.

Critical Theory

A theory that states:

• “Law of the Status Quo”

• “In a capitalist society, individuals are controlled by a pitiless law usually beyond their comprehension. The alienated human specimen is tied to society as a whole by an invisible umbilical cord: the law of value”.

• This theory explains that the law has been the means to enshrine and correctively impose the wishes of the dominant group or institutions.

Law as Rules

This nature of law posits: Law as a a reductionistic, i.e. simplistic, way of looking at law as it fails to take into account the totality and social context of the law. In other words, it looks at law as rules and fails to consider the deeper - human or social - factors why people violate the law, and the impact of the violation on the victim, the larger society as well as the offender.

Law as Process

This nature of law that says: Laws are not just statutes per se but the whole gamut of the life experiences of lawmakers, law enforcers, law breakers, or followers as well as judges and legal theorists.

Obedience
Generality
Promulgation
Rule of Law

4 Common Characteristics of Law

Obedience

The degree or freedom to which a subject may disobey as well as the extent or coverage of the law is what differentiates the various types of law. The laws of man involve human conduct which may or may not be obeyed. They are potentially violable and their obedience is anchored on man’s freedom and free will. Kant calls this law in the sphere of freedom.

Generality

The law is seen generally rather than particularly. This means the law applies to everyone, not just to a particular class.

Promulgation

Is the formal publication, proclamation, or announcement of a law by a legitimate authority to make it known to the people expected to obey it.

As noted by thinkers like Thomas Aquinas, ___________ is a sine qua non (an essential condition) for legal obligation because people must know a rule to follow it.

The Rule of Law

Is an established legal principle which posits that whenever a legal issue presents itself, it must be decided by applying the accepted principles of law. In doing so, the will and personal discretion of the judge is set aside, and he must apply the known principles of law according to the will of the legislator.

Kofi Annan

According to: _____________.

Rule of law is a principle of governance in which all persons, institutions and entities, public or private, including the State itself, are accountable for laws that are:

• publicly promulgated

• equally forced

• Independent adjudicated, and

• Consistent with international human rights norms and standards

International Law

Is that branch of law that governs relationships between countries and other multinational ‘actors’ e.g., agencies and organizations, at the international level. Its purpose is for nation-states to maintain peaceful and productive relationships among each other.

There is no binding law that applies to all countries
There is no world congress
There is no world executive
Parties are free to disregard it

The arguments that International IS NOT a real law.

Applicability to all countries is not a requirement
A world congress and executive are not essential components
International treaties have binding effect

The arguments that International IS a real law

Principle of Reciprocity

This means a nation obeys because it wants other nations to do the same, and it wants to be seen as a law-abiding country by other nations.

Article 2 (7)

The specific statute that is known as the noninterference clause of the UN Charter, giving each member state of the UN the right not to intervene in its domestic affairs.

Justice

It is the constant and perpetual will to give everyone his due.

Article II. Section 10, Philippine Constitution

Where is this from?

“The State shall promote social justice in all phases of national development”.

Social Justice

It is neither communism, nor despotism nor atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated.

Calalang vs. Williams

According to: _______.

Social justice is neither communism, nor despotism nor atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated.

Wisdom

The true function of law is to produce men who are “completely good”, a prerequisite to ______. Laws that do not incline to this end are not laws. A bad law is no law.
- Plato

Equity

As the ‘recourse to principles of justice to correct or supplement the law as applied to particular circumstances.

Equity

According to Aristotle, it is the middle ground between ideal or absolute justice on one hand and human or legal justice on the other”. He said that the nature of the equitable is to give a correction of the law where it is defective owing to its universality.

Common but differentiated responsibilities
Sustainable Development
Intergenerational Equity

The 3 Equitable Principles in International Environment Law

Common but differentiated responsibilities

This principle is an offshoot of the concept that the world is a common heritage of mankind, thus, States have common responsibility towards its protection. The protection and preservation of the earth’s biodiversity is an example of mankind’s common concern. However, due to differences in each State’s contribution to the global environmental problems as well as differences in their economic and technical capabilities, their contributions need not be the same.

Sustainable development

This assesses or quantifies development in relation to its long-range impact on both the local and wider environment. A kind of development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

Intergenerational Equity

This principle believes that humanity must hold the natural and cultural environment of the Earth in common, both with other members of the present generation and with other generations, past and future.

Intragenerational Equity

This mandates that the equitable or prudent use of natural resources for the benefit of other peoples, or nations within the same generation.

Supremacy of Law

The rule of law is higher than any person's discretion or will;

Accountability of Law

This means one is liable to be called on or to render an account before the law.

Calalang vs. Williams

In this case:
The petitioner challenged traffic rules prohibiting animal-drawn kalesas on major Manila roads during peak hours, but the Supreme Court upheld the restriction under police power, establishing that social justice is neither communism nor anarchy, but the humanization of laws and equalization of social and economic forces for the welfare of all people, rather than favoring a specific class over public safety.

Tondo Medical Center Employees vs. CA

In this case:
Health sector unions challenged Department of Health corporate restructuring and user fee programs, but the Supreme Court ruled that constitutional provisions on social justice and health are non-self-executing principles that do not confer self-acting judicially enforceable rights or automatically invalidate administrative hospital reforms aimed at financial sustainability.

Association of Small Landowers in the Philippines vs. Secretary of Agrarian Reform

In this case:
Landowners challenged the compulsory acquisition of agricultural lands under the Comprehensive Agrarian Reform Program (CARP), but the Supreme Court upheld the law as an extraordinary exercise of police power and revolutionary eminent domain grounded in distributive justice to rectify historical land imbalances through flexible cash and bond compensation.

Philippines Sugar Estates Development Co. vs. Prudencio

In this case:
A residential tenant tried to resist ejectment upon lease expiration by invoking post-World War II housing shortages under "social justice," but the Supreme Court ruled that social justice is not a catchphrase or magic shield for courts to bypass clear statutory laws, contractual obligations, and property rights.

Social Justice Society vs. Hon. Atienza

In this case:
Public interest advocates sought a writ of mandamus to compel the Mayor of Manila to enforce an ordinance relocating the Pandacan oil depots, and the Supreme Court held that under local police power and the principle salus populi est suprema lex (the welfare of the people is the supreme law), commercial property interests must yield to the paramount public right to life, health, and safety.

Oposa v. Factoran

In this case:
Minors represented by their parents sued the DENR Secretary to cancel existing timber license agreements, and the Supreme Court established the doctrine of Intergenerational Equity, ruling that the self-executing natural law right to a balanced and healthful ecology empowers present generations to sue on behalf of "generations yet unborn" to preserve Mother Earth.

Resident Marine Mammals v. Secretary Angelo Reyes

In this case:
Environmental lawyers challenged offshore oil drilling in the Tañon Strait protected seascape on behalf of cetacean species, and the Supreme Court held that while marine mammals lack independent judicial standing, human beings have equity standing as stewards of nature under environmental procedural rules to file citizen suits enforcing environmental protection laws.