Philosophy of Law, Coquia

Chapter I

DEFINITION, NATURE AND FUNCTION

Philosophy is taken from the Greek words, Philos and Logos, which means “love of wisdom”.

Philosophy is the study of the universe that seeks to know the truth and rational explanation of anything.

Philosophy of Law is that branch of philosophy which deals with the wisdom of law. It studies the nature of
law with particular reference to the origin and end of law, and all the principles that govern its
formulation. It is part of practical philosophy.

The object of philosophy of law is the study of law in universal sense, as law can also be studied as to its
particular points in which the object is Juridical Science or Jurisprudence.

Parts of the system of Juridical Science are:

 Public Law
 Private Law

Parts of Public Law are:

 Constitutional Law
 Administrative Law
 Penal Law
 Procedural Law
 International Law

Parts of Private Law are:

 Civil Law
 Commercial Law
 Those that govern relationships among individuals or juridical entities.

Juridical Science can only inform the people of the law among certain people in a given period, answering
only the question of what is established by law of a certain system (quid juris). Philosophy of law,
however, transcends the competence of each individual juridical science. It considers the essential
elements which are common to all juridical systems (Kant).

According to Giorgio del Vecchio, Philosophy of Law “is the course of study which defined law in its logical
universality, seeks its origins and general characteristics of its historical development and evaluates it
according to the ideal of justice drawn from pure reason.

Function of Philosophy of Law

Philosophy of law is a quest of law which appeals to reason to obtain justice.

One function of philosophy therefore is to formulate law that is reasonably acceptable to the people to
whom it is addressed. Philosophy of law therefore is opposed to tyranny.

The practical function of philosophy is that it teaches and prepares for the positive recognition of the
juridical ideal.