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Teleological1

Teleological1

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Published by Leiya Lansang

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Published by: Leiya Lansang on Mar 12, 2009
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07/17/2011

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Teleological Perspective

Teleological
• Telos
The law is ordained for the fulfillment of righteousness, justice,fairness, and equity.

• Logic
Logic (logos), originally meaning the word, or what is spoken, (but coming to mean thought or reason); it is the study of criyeria for the evaluation of arguments.

Teleological
• Based on the natural law • Legal order must be based on the precepts of the natural law • A good legal order must be deduced from the natural law, thus making it universally valid for all people at all times

The Greek Concept
• They found their unassailable starting point in the study of the nature of the law in the moral nature and good faith of human beings.

Greek Philosophers
• Socrates
No man intentionally does wrong

• Plato
Man is an intelligent and sensible being, reason provides him with the means of opportunity of discerning what is right and what is wrong

• Aristotle
A person is social in disposition that he needs someone to do good as means of self expression and selfrealization.

Socrates' Absolute
• Two Considerations: – 1. No person is intentionally bad or evil because of the knowledge of justice. – 2. Only the temperate person knows himself or herself and, thus, able to bring his or her emotions under control.

Plato’s Rational Justice
• The Republic
– Justice as a universal virtue (greatest good) – Injustice (universal vice)

• Conception of the law and State
– Law is an instrument of social control with the paramount aim of discovering, maintaining or administering justice and morality – Lawness is the condition of peace and order in the State

Aristotle’s Practical Justice
• Ethica Nicomachea
– Brought ethical justice to the level of human nature or disposition – “Study of human nature”
• Man is a social being and as such he needs somebody to d good as a means of self-expression and self realization

• Fair Equality
– An act is considered justified if it is fair and equal, and thus capable of being done by others – The reason why not all things are regulated by laws or customs but by means of justice

Law as a product of Reason
• Man’s true nature is that he is rational ad free-willing being • The final purpose or end of anything is its true nature • The potentiality of the law is viewed as reason related to the postulates of the natural law

Cicero
• Absorbs the Greek idea of universality of natural law and brought it into contact with the Roman legal system at the time
– The need for some formula to control an empire extending geographically and politically beyond the Mediterranean across people of different cultures

Cicero’s Works
• De Repulica
– Compulson is an element of the law

• De Legibus
– Man is born for the supreme virtue of justice – Having been born for justice, man is endowed with foresight and intelligence to respond properly to given command and prohibitions, and to exercise his rights without harm to others • Man fulfills and complies with duties because of his deep-seated desire to avoid undesirable consequences which follows non performance of obligations

Gaius
• Wrote “institutiones”
– Advanced the views that some rules are perennial since they are based on natural law while others are not since they are in derogation of its postulates

• Advocate for the continuous effort or removing harmful and useless rules of law
– Law must be re-examined by the law making body once in a while, to provide means whereby any abnormality in the leal order culd be adjusted to comply with the end and purpose of the law

Concept of the Law
• Greek Concept
– Nature of the law remained as a philosophical spelation – Law is a product of reason which is the agreement with the postulates of natural law

• Roman Concept
– They subjected it to technical analysis and endorsed it with their authority – Law axacts duty ad compliance by means of commands, not by its reasonableness alone, prevents wrong doing by means of prohibition

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