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Jurisprudence
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Law in General
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Perla V. Arroyo
JD 1-5
Greek Concept
- Socrates, Plato and Aristotle believed that
good faith in dealing with one another is the
condition of life in society. This means tat
- Plato explained that what is important in
human relations is not the use of power but the
observance of honesty and good faith.
Socrates Absolute Justice (469-399 B.C.)
- First consideration, no person is intentionally
bad or evil. He aroused in his students a love
for justice to combat the skepticism of the
Sophists. For Socrates, the failure to do what is
just and avoid what is unjust is really due to
morbid physiological appetites, mistakes, or
even bad company.
- Second consideration is that only the
temperate person knows himself or herself and
thus able to bring his or her emotions under
control. A temperate person will do what is
virtuous and just, in relation to rights and
obligations a temperate person will do what
ought and avoid what ought not, and in relation
to other persons, a temperate person act
properly, patiently enduring when necessary
Jherinian Concept
- It is advanced by Rudolf von Jhering (18181892) who disagreed with Benthams individual
interests. According to him, the law should
address the realization of the partnership of the
individual and society.
- While individual persons have their own
interests to consider they cannot ignore the
interests of society of which they are parts.
- This is called social utilitarianism.
Hegelian Concept
- Georg Frederich Hegel (1770-1831) stated that
his basic premise that the law is the product of
an evolutionary process and this appears in a
dialectic pattern.
- This pattern is a design in which one element,
called thesis, is followed by an opposite
aspect, called antithesis, and the struggles
between them is either wholly or partially
settled or reconciled by the synthesis of the
contending views.
- The opposing views or ideas are resolved by
what Hegel called the principle of identity
which states that all that is rational is real and
what is real is rational. By this, he means that
noting is real or actual unless it is intelligible or
rational as well.
- The principle of identity seeks the reconciliation
of opposite views or ideas, i.e., reconciling
thesis and its antithesis resulting in the
synthesis which then becomes the new
concept.
CHAPTER 4 POSITIVIST PERSPECTIVE
Hobbes-Austin Concept
- Thomas Hobbes (1588-1679) and John Austin
(1790-1859)
are
recognized
as
the
jurisprudents who developed the concept of
law in terms of legal positivism.
- Hobbes stated that laws cannot be unjust since
they are made by the sovereign power.
- All that is done by such sovereign power is
warranted.
- There must be one compelling order or
coercive force.
- It can be delegated by the State, to the
government.
- Austins stated that it is absurd to say that
positive law is void if it is not in accordance
with the natural law and to proclaim generally
that all laws which are contrary to the natural
law are void and not to be tolerated is to
preach anarchy, hostile and pernicious.
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