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Introduction Philosophy of Law by FR Aquino Compress

This document discusses the importance and relevance of philosophy of law. It argues that philosophy of law is taken for granted and excluded from legal education, which is unfortunate. Philosophy of law can enhance legal practice and adjudication by providing frameworks to analyze the underlying principles, coherence, meaning, and logic of laws. It also notes that philosophy of law draws from branches of philosophy like ontology, logic, epistemology, and ethics. These philosophical approaches can provide insight into concepts like prima principia, hermeneutics, and analytic tradition in legal interpretation.

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722 views12 pages

Introduction Philosophy of Law by FR Aquino Compress

This document discusses the importance and relevance of philosophy of law. It argues that philosophy of law is taken for granted and excluded from legal education, which is unfortunate. Philosophy of law can enhance legal practice and adjudication by providing frameworks to analyze the underlying principles, coherence, meaning, and logic of laws. It also notes that philosophy of law draws from branches of philosophy like ontology, logic, epistemology, and ethics. These philosophical approaches can provide insight into concepts like prima principia, hermeneutics, and analytic tradition in legal interpretation.

Uploaded by

Nkt Sarangani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

 

LSPU Law School


Sta. Cruz, Laguna

September 18, 2019


 

philo – “love”
philo –
sophia –
sophia  – “wisdom”

disciplined study of anything

We do philosophy!
 

Based on

A PHILOSOPHY OF LAW:
An Introduction to Legal Philosophy

by Fr. RANHILIO CALLANGAN AQUINO


 

Introduction
A. The Concept of Justifiability
B. Belief, the Practice Engendered by Belief and Public Law
C. Intergenerational
Intergenerational Responsibility and Rereading the Law
D. The Roles of Areas of Law: Illegitimacy and the Candidate

for President
E. Justice:
Justice: The Indeconstruct
Indeconstructible
ible that Summons
Summons
Deconstruction
Summary
 

Why philosophy of law is taken for granted


-two-unit course
-excluded in Bar Examinations
-only for those who have the time and leisure
to unlock philosophy’s esoteric powers

It’s unfortunate!
 

Why take philosophy of law seriously


Legal profession as
-a call to creativity and genius to reflect on
“juris--prudential” (jurisprudence - scie
“juris scienc
ncee of
law adjudication)
-a highly educated adventure

-a fidelity to justice born of wisdom


 

Use ancient and contemporary philosophical


approaches to shed light on:
1.  prima principia and ultimate causae
2. a “map” that gives coherence
3. the “meaning” of phenomena
4. analytic tradition
 

1.  prima principia and ultimate causae


-task of the philosophy of law is to unveil the
goal of the law and its underlying motives
 Article 10.
10. In case of doubt in the interpretation
or application of laws, it is presumed that the
lawmaking body intended right and justice to
 prevail. (NCC)
 

2. a “map” that gives coherence


Philosophy provides a cosmic-map so that man's
endeavors may have
have some coherence.

Attempting to situate in this map makes


philosophy
philosop hy of law “ex
exciting
citing and adventurous”

and tentative
 

3. the “meaning” of phenomena


-the meaning of the appearance has to be
sought out, for the meaning can be concealed.
Law is a phenomena (social phenomena).

hermenuetics –
hermenuetics – calls for “dialoguing“ with the
text (of the law)
 

4. analytic tradition
-deciding how the facts presented are to be
described, which calls for giving a logical
account of the way we use our terms.

example: the use of the word sovereignty


 

Branches of Philosophy relied in Legal Philosophy:


1. Ontology – study of nature of Beings (i.e law)
2. Logic and critical theory – theory of meaning
3. Epistemology – study of knowledge as

“justified true belief”


belief ” (ex. standards
standards of proof)
4. Ethics – deals moral consciousness; includes
the study of natural law (e.g. Law on Salvage)

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