Legal Philosophy in Criminal Law

Criminal Law is the law that defines an act as a crime and prescribes penalty for its
punishment.
Characteristics

General applies to citizens and residents.

Prospective applies to acts already defined by law as crimes when committed.

Territorial applies to a specific territory.

Theories

Classical Theory man has free will to choose between good and evil.

Positivist Theory a mans environment may condition him to do wrong contrary to his
will.

Duality

Dual injury a crime offends not only the private person but also the public.

Dual liability a man who is criminally liable is also civilly liable.

Types of Ignorance

Ignorantia juris ignorance of the law excuses no one from compliance therewith.

Ignorantia facti ignorance of the fact may excuse one from the legal consequences of
his conduct.

Penalty

Restitution the penalty must be able to restore what was destroyed; repair what was
damaged; repay what could not be restored or repaired.

Retribution the penalty must be able to restore public order disturbed by the crime.

Double Jeopardy the law forbids the same man to be tried twice on the same issue.
Doctrine of Immunity shields the public officials from personal liability for their official acts;
has exceptions.

Legal Philosophy in Family Law

Concepts:
Marriage
a. Inviolable social institution
b. Foundation of family
c. A trilateral contract between the man, the woman and the State.

Psychological Incapacity

Psychological disorder which incapacitates a person from giving what is due to the other
party of the marriage.

To be a ground for nullity of marriage, it must exist at the time the marriage is celebrated.

Civil Personality

Civil personality is ones capacity for civil life.

Birth determines personality.