PHILOSOPHY OF LAW

Atty. Maria Angelica J. Hadloc

Finals Period

Mode of Instruction: Reporting

Grouping: Group yourselves into three. Caveat: One (1) group would have to consist of
only two (2) members.

Topics: There are a total of eight (8) topics, hence, the eight (8) groups.

General Instructions: Two (2) groups shall report per meeting.

Each group shall be given a MINIMUM of forty (40) minutes
to report.
References for each topic will be given beforehand (a week
before the scheduled reporting), but the report must not be
limited to the same. Research, among others, must be done.

TOPIC REFERENCE/S or READINGS

 “The Basic Ideas in the Philosophy

GROUP I: of Law of St. Thomas Aquinas as
Found in the 'Summa Theologica'”
Thomistic Tradition: The Dignity of the by Anton-Hermann Chroust and
Human Person as Imago Dei. Frederick A. Collins, Jr.
 “Of Human Law” by St. Thomas
Aquinas in ST. Ila. Illae. Q. 95.
 “Of the Power of Human Law” by
St. Thomas Aquinas in ST. Ila.
Illae. Q. 96.
 “Of Change in Laws” by St.
Thomas
 Aquinas in ST. Ila. Illae. Q. 97.
 “Treatise on Prudence, Right,
Justice, Truth and Equity” by St.
Thomas Aquinas in ST.IIa. IIae.
QQ.47;651; 57-60; 109; 120).
Study Guide:

1. The Thomistic idea of law (eternal, natural, human) and how they relate to one
another.
2. On Human Law: its utility, origin, quality and division.
3. The changeability of human law.
a. Is it changeable?
b. Should it always be changed?
c. Is it abolished by custom?
d. Should it be changed by dispensation of those in authority?
4. Necessary virtues for the legal ordering of the civil society.
a. Prudence
b. Justice
c. Truth
d. Equity
 • “The Implicit Teaching of Utopian
GROUP II: Speculations: Rousseau's
Contribution to the Natural Law
Social Contract Tradition: From Tradition” by Thomas E.
Natural Rights to Rights of Man. Carbonneau.
 J. Puno's Separate Opinion in
Republic v. Sandiganbayan, et al.,
G.R. No. 104768, July 21, 2003.
Study Guide:

1. The transition from Thomistic Natural Law to Modern Natural Rights Tradition.
2. Social Contract Theorists' conceptions of natural rights.
3. Their ideas on the state of nature and the formation of civil society.
4. From natural rights to rights of man and the role of the state/government and laws
vis-à-vis these rights.
 An Introduction to the Groundwork
GROUP III: of the Metaphysics of Morals by
Christine M. Korsgaard.
Kantian Tradition
Study Guide:

1. Saving moral law from the bottomless pit of moral relativism via Kant's three
formulations of the categorical imperative.
 “The Morality of Law (Chapter 2,
GROUP IV: pp. 33-41)” by Lon Fuller.
 “Natural Law, Positivism, and the
Contemporary Versions Limits of Jurisprudence: A Modern
Round” by Ruth Gavison.
Study Guide:

1. Fuller's eight principles that make up the law's inner morality.

2. Finnis' universal and immutable principles of natural law.
 “Austin's Theory of the Separation
GROUP V: of Law and Morals” by Samuel E.
Stumpf.
The Social Fact Thesis.  “Logic and Coercion in Bentham's
a. Law as Commands. Theory of Law” by David Lyons.
 b. Law as Norms.  “Kelsen's Pure Theory of Law” by
Henry Cohen.
 “Professor H.L.A. Hart's Concept of
GROUP VI: Law” by Robert S. Summers.

The Conventionality Thesis: Law

as Social Rules.
GROUP VII:
The Separability Thesis.
a. Exclusive/Hard Positivism: Law as
not sourced from Morality.
b. Third Way: Soft Positivism.
GROUP VIII:
 “Natural Law, Positivism, and the
Limits of Jurisprudence: A Modern
Round” by Ruth Gavison.
 “The Legacy of Ronald Dworkin
(1931-2013): A Legal Theory and
Methodology for Hedgehogs,
Hercules, and One Right Answers”
by Imer Flores.
 “The Path of Law” by Mr. Justice
Oliver Wendell Holmes.

Legal Realism.

Grade: Report grade equals the class standing grade for the second half of the
semester.

Thank you and God Bless!