Chapter 1: JURISPRUDENCE, JURAL, AND NONJURAL LAWS

1. Nature of Jurisprudence

A. Proemium –

Case Law – the law to be found in the collection of the reported cases that form all or part
of the body of law within a given jurisdiction.

STUDY NOTES Jurisprudence (legal theory) – deals with the general philosophy of law, which is the
nature and elements of law. It is concerned with the theoretical and technical aspects of
(By Wilbur Gadicho) law as a discipline.

Nature of Law – is concerned with its derivation, development, and trust

ON Elements of the Law – deals with the concepts which are material to the legal ordering of
society, namely:
CRISOLITO PASCUAL’S 1. State
2. Sovereignty
3. Legal relations
4. Legal persons
INTRODUCTION TO LEGAL PHILOSOPHY 5. Legal facts
6. Legal things
1997 Edition
B. The Problem Stated –
About the Book Author: CRISOLITO PASCUAL LL.B. (U.P.), LL.M. (Boston 1. What is the nature of the law? (Socrates)
U.) 2. Why is jurisprudence worth studying? (Cicero)
What should be done -- Orchestrate the sounds of different schools
Associate Justice (Ret.) Court of Appeals of the Philippines Professor of Law, U.P. of jurisprudence concerning the nature of the law.
Former Director, U.P. Law Center Former Editor, Philippine Law Journal and
Journal of the Integrated Bar How may the nature of the law be fully appreciated ---

Legal Philosophy 1. Systematic understanding of the essence of the different theories

2. Rationalizing differences whenever possible
– 3. Emphasizing harmony
4. Making allowances for the areas where they overlap
5. Balancing the ideas that have led to an undue emphasis in one direction or another

is the scholarly study of the law, legal theory, and legal systems in general. Also
called “jurisprudencia universalis” or simply “jurisprudence”
---
Black’s Law Dictionary, 9th Ed
C. The Different Schools of Jurisprudence
1. The historical school – appraises the law in the context of the common consciousness
of a group of people.
Question: Where did the law come from and how did it evolve?
2. The teleological school – thinks of the nature of the law in terms of the moral and
rational nature of humankind. This school understands the law as strictly connected with
morality and naturality.
Question: What is the telos of the law?

3. The positivist school – considers the law as a conscious norm of the state backed by its
authority and force. For this school, the law is not inherently moral or natural.
Question: What is the distinctive structure and content of the law?
4. The functional school – views the nature of the law in terms of the jural postulates,
social interests, and national policies of the people.
Question: How does the law work in weighing or adjusting the competing individual and
public interests?
5. The realist school – takes the nature of the law on the basis of the ongoing experiences
and inter-experiences of people.
Question: Is the law verifiable in the practical life of the people?
6. The policy science school – looks at the nature of the law in relation to the degree of
success of society in the creation, clarification, and realization of social values
Question: What is the basis and limits of global, regional, and national legal orders in
relation to social values?
2. Law in General
Law – is any rule of action or order of sequence from which any beings whatsoever either
will not, or cannot, or ought not to deviate.
A. Rule of action - any warrant, instruction measure, regulation, or decision governing any
act, conduct, transaction, or proceeding, including its consequences.
Example:
(1) a traffic regulation promulgated in accordance with a city or municipal ordinance.
(2) A statute enacted by the legislature pursuant to its legislative powers in the constitution.
Two important points that should be noted ---
(1) Conduct is included in the definition – this is necessary because there is certain
conduct that is productive of distinct legal effects and consequences (such as
“forbearance” which means intentional refraining from action)
(2) They continue to apply with their sanctions in full force and effect even though they are
repeatedly violated or remained unobserved.
B. Order of Sequence – is any system of arrangement or consecutiveness, or any
uniformity of a given group of phenomena. Mainly concerned with physical nature, order of
sequence is also a law, such that any deviation therefrom results in inconvenience,
damage or injury. They are “immutable” for they do not alter with time and place. And they
are “absolute” for they do not depend on the human will but operate inexorably admitting of
no exceptions.
Example:
(1) The numerals or integers – this system of numerical arrangement or consecutiveness
of the positional value of numbers cannot be unilaterally varied without harmful
consequences.
(2) The pull or drag of gravity is an example of “uniformities” ---uniformities of nature can be
harnessed to good use but no human being can violate or change any order or norm of
physical nature without harmful results.
C. Classification - Four Distinct Classes of RA and OS:
(1) That which necessarily determine the activities of human beings
(2) That which necessarily determine the motions and even the instincts of dumb creatures
(3) That which necessarily determine the origin and growth of living organisms, which
governs the development of all forms of life, from the simplest to the most complex
(4) That which necessarily determine the movements and course of inanimate bodies or
masses
D. Focal Point of NondeviationThree Types of Nondeviation
(1) Will-not category – means that there is a determination to abide with, or avoid of. This
force carries a connotation of future conformity, prospective agreement, or eventual
compliance.
(2) Cannot category – means that there is no other way but to obey or comply with the
rules of actions and the orders of sequence, no matter how much the desire to act
otherwise may be. This is indicative of a present or actual condition of conformity. This
category is the force which gives the legal order the authority to try and punish
lawbreakers.
(3) Ought-not category – there seems to be an alternative to action, but such alternative is
abandoned because it is the better part of prudence to follow or comply with rather than
refrain from following or complying with them.
3.Jural Law
A. Particular Sense –
 The term LAW refers to a statute: batas, ley, legge, lex, nomoi, loi, gezets
Statue - is the written enactment of the legislative branch of the government composed of
definite provisions for definite situations to which certain incentives and/or sanctions
have been attached as means of enforcement.
Legal Incentive – is a stimulus or motive developed through some extraneous influence
operating on the individual members of society.
Ex. --Tax exemptions, tax deductions, government loans, condonation of accrued taxes,
government subsidies, benefits and rewards.