Introduction Philosophy of Law by FR Aquino

 

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 nce e 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)