LSPU Law School

Sta. Cruz, Laguna

September 18, 2019

 

philo – “love”
philo –
sophia –
sophia  – “wisdom”

disciplined study of anything

We do philosophy!
 

Based on

A PHILOSOPHY OF LAW:
An Introduction to Legal Philosophy

by Fr. RANHILIO CALLANGAN AQUINO

 

Introduction
A. The Concept of Justifiability
B. Belief, the Practice Engendered by Belief and Public Law
C. Intergenerational
Intergenerational Responsibility and Rereading the Law
D. The Roles of Areas of Law: Illegitimacy and the Candidate

for President
E. Justice:
Justice: The Indeconstruct
Indeconstructible
ible that Summons
Summons
Deconstruction
Summary
 

Why philosophy of law is taken for granted

-two-unit course
-excluded in Bar Examinations
-only for those who have the time and leisure
to unlock philosophy’s esoteric powers

It’s unfortunate!
 

Why take philosophy of law seriously

Legal profession as
-a call to creativity and genius to reflect on
“juris--prudential” (jurisprudence - scie
“juris scienc
ncee of
law adjudication)
-a highly educated adventure

-a fidelity to justice born of wisdom

 

Use ancient and contemporary philosophical

approaches to shed light on:
1.  prima principia and ultimate causae
2. a “map” that gives coherence
3. the “meaning” of phenomena
4. analytic tradition
 

1.  prima principia and ultimate causae

-task of the philosophy of law is to unveil the
goal of the law and its underlying motives
 Article 10.
10. In case of doubt in the interpretation
or application of laws, it is presumed that the
lawmaking body intended right and justice to
 prevail. (NCC)
 

2. a “map” that gives coherence

Philosophy provides a cosmic-map so that man's
endeavors may have
have some coherence.

Attempting to situate in this map makes

philosophy
philosop hy of law “ex
exciting
citing and adventurous”

and tentative
 

3. the “meaning” of phenomena

-the meaning of the appearance has to be
sought out, for the meaning can be concealed.
Law is a phenomena (social phenomena).

hermenuetics –
hermenuetics – calls for “dialoguing“ with the
text (of the law)
 

4. analytic tradition
-deciding how the facts presented are to be
described, which calls for giving a logical
account of the way we use our terms.

example: the use of the word sovereignty

 

Branches of Philosophy relied in Legal Philosophy:

1. Ontology – study of nature of Beings (i.e law)
2. Logic and critical theory – theory of meaning
3. Epistemology – study of knowledge as

“justified true belief”

belief ” (ex. standards
standards of proof)
4. Ethics – deals moral consciousness; includes
the study of natural law (e.g. Law on Salvage)