ALMA R.

MACASLING OCTOBER 8, 2023

ASSIGNMENT IN PHILOSOPHY

1. Res judicata inter partes jus facit- a question adjudicated between parties after hearing them makes the
law.
2. Consumerism - an orientation towards excessive surplus, of valuing a person for having than being.
3. Relativism
-truth is relative subjective, perspectival and limited by what the person personally experienced or
gained knowledge of.
4. Rationalism - our senses and reason give us opportunity to test or verify claims of fact.
5. Sui juris- a law unto himself.
6. Accusare nemo se debet, nisi caram Deo- means No one is compelled to accused himself, except before God.
8. Altero-centrism -by losing oneself to the other, one gains oneself with the other
9. Ethical Monotheism- the belief that we are all children of one God.
10. Thomism- natural law is man's participation with eternal law.
11. Objectivism-emphasis on reason and rationality as the only absolutes in life.
12. Positivism- a belief that rights are conventional borne from deliberate positive acts of rulers and subjects.
13. Natural law- believes that rights are natural and inherent.
14. Originalism- the original meaning approach in relation to the interpretation of the constitution.
15. Textualism- the plain meaning approach in relation to the interpretation of the statutes.
16. Determinism
- all events are caused by antecedent conditions and people do not have a much free will but is like a
complex machine subject to various external and internal stimuli.
17. Audi alteram partem- hear the other side.
18. Accessorium sequitur naturam sui principalis- the accessory follows the nature of its principal.
19. Domus sua cuique est tutissimun refugium- to everyone, his house is his surest refuge.
20. Pragmatic jurisprudence- focuses on these human realities that are often overlooked by hard law,
technicalities and abstract policies.
21. Divine Law- proceeds from sacred writings such as the bible or the Quran sustained by religious faith.
22. Entitlement theory-people are entitled to the things they earned, worked for or produced.
23. Legalism- rule by the law.
24. Confucianism-teaching regard for the hierarchy and the bond between the ruler and the subject
which supports legalism.
25. Absolutism- vests public power in a person or group of persons, unhampered by any other rule
or tradition, institution or body.
26. Conventionalism- law is purely a product of human will agreement, proposition, treaties or
convention not of some natural or divine will.
27. Law on persons - concerns personal and judicial capacity, marriage, adoption and guardianship.
28. Theandric Ontonomy- weaves together the political and spiritual fabric pf society and regards spirituality
or religion as positive force in society.
29. Declarationism-insist that declaration of independence is a natural law document that should
guide american jurisprudence.
30. Psychoanalytic theory- human experience is largely affected by the subconscious more than the

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 conscious life.
31. Nicomachean ethics-happiness is the final goal or end of all human pursuits.
32. Law on things- concerns property ownership, possession, usufruct,servitude, inheritance and wills.
33. De Actionibus- covers the law on obligations and contracts arising from contracts, quasi-contracts
and delicts or crimes.
34. Stoic natural law-believe that God is everywhere and is everyone.
35. Analytic Jurisprudence- studies and recognizes law simply for what it is.
36. Central case approach- the focus and the center of the law are those ideal cases where the natural rights
to basic human goods are served.
37. Compatibilism- insist that freedom is compatible with internal and external determinants.
38. Normative jurisprudence- evaluates the purposes or norms behind the law.
39. Non bis in idem- No one shall be punished for the same offence
40. Liberalism-a person has complete dominion over what he wills for his body, his life and his property.
41. Principle of solidarity- highlights the social nature of a person, the interdependence of each member
of society and the commitment to a common good.
42. Common Law- based on precedents and recognizes that there are basic legal principles
or doctrines of reason that the courts must follow.
43. Constitutional law-courts may not question the wisdom of the law which is the role of the legislators
but they may nevertheless declare the law unconstitutional for not meeting fundamental
requisites of a just law such as reasonableness and necessity.
44. Aedificium solo credit- the building yields to the land.
45. Boni judicis est lites dirimere- It is the duty of good justice to prevent litigation.
46. Judex non potest injuriam sibi datam punier- A judge cannot punish an injury to himself.
47. Res ipsa loquitor-the thing speaks for itself.
48. Ut res magis valeat quam pereat – the law should be interpreted to uphold.
49. semper praesumitur pro matrimonio – always presume marriage.
50. Qui tace consentire videtur-silence means consent.
51. Egalitarianism- a philosophy that believes “All men are equal”.
52. Non allegata non probate – that which is not alleged cannot be proved.
53. Ei incumbit probation qui dicit, non qui negat – He who assert, no he who denies, must prove.
54. Stare decisis et non quieta movere-follow past precedents and do not disturb what has been settled
55. De similibus idem est judicium – Concerning similars, the judgement is the same.
56. Cujus juris erit accessorium – He who has jurisdiction of the principal thing has jurisdiction of the
accessory also.
57. Actus non facit reum nisi mens sit rea – The act does not make a person guilty unless the mind is also
guilty.
58. Arma in armatos jura sinunt- the law permits taking arms against armed persons.
59. Nullum crimen, nulla poena sine lege- there is no crime where there is no law punishing it
60. Favorabilia sunt amplianda odiosa restringenda – Penal laws which are favorable to the accused are
given retroactive effect.
61. Furiosus solo furore punitur – A mad man is punished only by his madness.
62. Actus invitus, non est meus actus – An involuntary act is not one’s act.
63. Sociis fit culpae qui nocentum sublevat – He who helps the guilty shares the crime.
64. Caveat emptor – Buyer beware.
65. Ex pacto illicito non oritur action – No action arises out of illicit bargain.
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66. Facta legem facunt inter partes – Stipulations have the force of law between parties.
67. Finita voluntate, finitum est mandatum – Upon the termination of the will, the agency is terminated.
68. Genus nunquam peruit – Generic things do not perish.
69. Homo est et qui est futurus – He is already a man who will become a man.
70. Ignorantia legis nemimem excusat – Ignorance of the law does not excuse.
71. In pare delicto potior est conditio defendatis – Where both parties are at fault, the condition of the
defendant is better.
72. Leges posteriors priores contrarias abrogant – Later statutes repeal prior ones which are repugnant
thereto.
73. Legis interpretation legis vim obtinet – Judicial interpretation of a statute acquires the force of law.
74. Les non cogit ad impossibilia – The law does not require the impossible.
75. Lex prospicit, non respicit – The law looks forward, not backward.
76. Nel consensui tam contrarium est quam vis atqui meus – There can be no consent under force or duress.
77. Non consentit qui errat – He who errs does not consent.
78. Nemo dat quod non habet – No one can transfer a greater right to another that one has.
79. Optimus interpres rerum usus – The best interpreter of the law is usage.
80. Pacta sunt servanda – Stipulations of parties must be complied with in good faith.
81. Partus sequitur ventrem – Offspring follow the mother.
82. Proximus sum egomet mihi – Charity begins at home.
83. Prius in tempore, potior in jure – First in time, first in right.
84. Privatum incommodum publico bono pensatur – The private interests of the individual must give way to
the accommodation of the public.
85. Qui approvat non reprobate – He who approves or ratifies cannot repudiate.
86. Qui prius jus suum insina verit praeferetur – He is preferred whose right has just been recorded.
87. Quod ab initio non valet in tractu temporis non convalescit – That which was originally void, does not by
lapse of time become valid.
88. Sic utero tuo ut alienum non laedas – Use your property as not to injure the rights of others.
89. Ubi jus, ibi remedium – where there is light, there is a remedy for violation thereof.
90. Vigilantibus et non dormientibus jura subveniunt – The law laids the vigilant, not those who slumber on
their rights.