LegPhilo Online Class CHAPTER 6

-Law- is an ordinance of reason for the common

good made by him who someone who has the
CHAPTER 5
care for the community
- Primary reason of the law – to govern social
Elements of law:
behavior; for civilization to survive
-law is an ordinance of reason
-Law is a product of practical reason
-it is for the common good
-Humankind is bound to fail
-made by someone who has the care of the
-Influx – law is constantly changing; because
community and has the coercive force to obey
facts are also changing
- must be promulgated (tanada v. tuvera)
-Did not say universal reason (Raz and Co.)
Virtues- good habits; middle ground
-Law is based on practical reason; based on
social facts Precepts of Natural Law

-ABS CBN issue – POSITIVIST APPROACH. 1st precept – do good, shun evil

-Language is an accident of style 2nd precept - preserve human life

-Positivist approach is utilitarian in nature – 3rd precept – reproduce offspring

based on the positive effects of those who
follow the law
-Internal aspect – willingness of a person to be
bound by a law
-Concept of detached legal statement – every
legal statement should be detached; only about
legal rights and duties
-descriptive approach – you simply describe
1st critique – positivist approach loses the
normative character of the law
2nd critique – the problem of truth
-descriptive vs normative approach
4th precept – avoid offending, and shun
ignorance
Principles
- Connection of natural law and morality
- Obiasca v. Basallote case (G.R. No. 176707)
Feb. 10, 2010
ABS CBN ISSUE (Procedural issues)
- NTC – rule 65 or rule 43
- ABS CBN did not file for MR
- Assuming rule 65 is the remedy, why did abs
cbn did not appeal to CA
CHAPTER 7 - naturalistic character

- Common Law CHAPTER 8

- Stare decisis - modern natural law theory

Doctrine of hierarchy of courts - classical natural rights – connection between

positive law and morality
Doctrine of transcendental importance – if a
consti issue deserves immediate attention, a - legal order
party may proceed directly to SC; exception to
- classical natural law vs. natural rights theory
the doctrine of hierarchy of courts
1.) Emphasis:
Case: Zabal v. Rodrigo Duterte – police
power; CNL – focus is on the general order of the
universe (st Thomas Aquinas); order is
-facts of the case are unique, the issues are not
preserved because everything is predestined
unique
NRT – focus is on man; man is the master of his
- common laws are generic, lacks interpretation
universe; order is preserved: recognition of
in creating order in society; does not produce
rights, existence of rights of others, observe the
bias
rights of others; proponent: Lincoln
-probable cause - existence of facts that would
Stoicism – philosophy of personal ethics; a
excite the belief on a reasonable mind within
realization coming from a man itself; man is
the knowledge of the prosecutor that a person
journeying to a path called “eudemonia”
is probably guilty (?)
(happiness)
- ratio decidendi
- Man is naturally free

- in exercising rights, it must be limited

- common law is the product of natural law
-Self-evident truths – come from the nature of
-aprariori; apostiori man itself; 1.) man is not self-sufficient; 2.) you
have needs that others can only provide
- how is common law administered?
-Wealth and power dilute the concept of
- William Drake – “the common law and the rule
equality among men
of law: an uncomfortable relationship”
-Existence of rights
- common law and rule of law are like water and
oil: they must be separated - Liberty - absence of impediment

-common law represents practical reason -not all rights are inalienable

-reason is the life of the law - social contract theory

- letter of the law vs. the spirit of the law

-what is legal is also rational; what is just is

always legal
LAST SISYON

Faith and Reason

- Pope Benedict

- Statement against Muslims

- is faith reasonable?

- scientific tradition: God doesn’t exist

- reason and faith

- professor Theodore curry (?)

- No compulsion (?) in religion - Sura

- “nothing can be found in islam, you will find

things only evil, inhuman”

- sura v. reality at the time of paleologus

- reasonableness of the policy, law

- to act with reason is to act consistently with

God

- in English, St. John: “in the beginning was the

word, and the word was with god, and the word
was god”

- word: logos: reason

- “di pwede maging diyos pag walang rason”

- god created humans; he shared his nature to

the created

- CONSCIENCE; beyond scientific principles

- REASON/INTELLIGENCE IS JUST A GIFT; it has a

source