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Published by Leiya Lansang

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Published by: Leiya Lansang on Mar 12, 2009
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Teleological Perspective
Aquino, Adrienne MaeGarcia, MarvinSantos, Christian Lloyd
Teleology, from the Greek words
(“end”) and
(“discourse”), is the study of design or purpose.In philosophy, it is “the science or doctrine that attempts to explain the universe interms of ends or final causes”, believing that all things are designed for or are directed toward a finalresult, and that that inherent purpose or final cause exists in nature. It is therefore grounded on theargument that there is a creator based on perceived evidence of order, purpose, design, or direction innature.
II.Natural Law Basis
The teleological concept of law is based on the natural law philosophy, the natural law, as wasdefined by Plato and Aristotle, “is a discipline to which human conduct and relations must conform inorder to realize both the individual and the common good.” Accordingly, it is also defined as “theuniversal discipline of virtue in the exercise of their rights, in the performance of their obligations, inthe observance of rules, and the preservation of order and unity.” Thus, it is based on the idea that“there is a very present bond or relationship existing between positive law and natural law, hence, for the teleologists, the natural law provides for a magnanimous influence in shaping the concept of lawthan any other idea. In addition, they consider the natural law as the most potent force in thedevelopment of legal institutions and legal concepts, by which, it is said that, it is upon the precepts of the natural law that the completeness of the legal order can be achieved. For that matter, theteleological school of jurisprudence believes that a good legal order can be deduced from the naturallaw, thus making the law universally valid for all people.”
Article found at:
, December 7, 2008
Pascual, Carlito. Introduction to Legal Philosophy. 1994
III.The Greek Concept
The philosophers of ancient Greece, who were among the first thinkers to inquire into the problem of the nature of the law, felt a need for an unassailable starting point in the study of the natureof law. The Greek philosophers (Socrates, Plato and Aristotle) believed that the main condition of lifein society is good faith. This means that human beings have a basic concept of justice enabling them todistinguish between right and wrong, good and bad.
They found their unassailable starting point in the study of the nature of the law in the moralnature and good faith of human beings. On this basis, human beings are able to live harmoniously withone another.
A. Socrates' Absolute Justice
He has two considerations which he inculcated in the minds of his students. The first is no person is intentionally bad or evil because of the knowledge of justice. The second consideration thathe emphasized is that only the temperate person knows himself or herself and, thus, able to bring his or her emotions under control.
In the first consideration, Socrates drew a distinction between absolute knowledge of justice(episteme) and mere opinion of justice ( doxa), prefering the former. In the second consideration heexplained that for him a temperate individual is a good, happy and sound person able to jude whether his or her acts and their consequences would be just (virtuous) or unjust (vicious).
He emphasized this two considerations exhibit the moral nature and good faith of a person,guiding him or her even over the written statutes of the state.
Pascual, Carlito. Introduction to Legal Philosophy. 1994

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