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    Legal Philosophy Syllabus

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    DILG STA MARIA
    The document outlines different philosophies of law discussed in Coquia's "Readings in Legal Philosophy and Theory". It begins with an introduction to legal philosophy and jurisprudence. It then covers the major historical schools of thought from Ancient Greece to contemporary times, including natural law. For each era and school, important philosophers and concepts are mentioned, as well as examples from Philippine case law. The outline provides an overview of the broad range of legal philosophies examined in Coquia's text.

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    Legal Philosophy Syllabus

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    DILG STA MARIA
    171 views3 pages
    The document outlines different philosophies of law discussed in Coquia's "Readings in Legal Philosophy and Theory". It begins with an introduction to legal philosophy and jurisprudence. It then covers the major historical schools of thought from Ancient Greece to contemporary times, including natural law. For each era and school, important philosophers and concepts are mentioned, as well as examples from Philippine case law. The outline provides an overview of the broad range of legal philosophies examined in Coquia's text.

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    The document outlines different philosophies of law discussed in Coquia's "Readings in Legal Philosophy and Theory". It begins with an introduction to legal philosophy and jurisprudence. It then covers the major historical schools of thought from Ancient Greece to contemporary times, including natural law. For each era and school, important philosophers and concepts are mentioned, as well as examples from Philippine case law. The outline provides an overview of the broad range of legal philosophies examined in Coquia's text.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    171 views3 pages

    Legal Philosophy Syllabus

    Uploaded by

    DILG STA MARIA
    The document outlines different philosophies of law discussed in Coquia's "Readings in Legal Philosophy and Theory". It begins with an introduction to legal philosophy and jurisprudence. It then covers the major historical schools of thought from Ancient Greece to contemporary times, including natural law. For each era and school, important philosophers and concepts are mentioned, as well as examples from Philippine case law. The outline provides an overview of the broad range of legal philosophies examined in Coquia's text.

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    of 3

    LEGAL PHILOSOPHY OUTLINE

    Atty. Riemann J. Delos Santos

    REFERENCE: Readings in Legal Philosophy and Theory by Jorge R. Coquia

    I. Introduction – Coquia, pp. 1-2

    A. Definition, Nature and Function: Philos and Logos – “love of wisdom”; the
    study of the universe that seeks to know the truth and the rational explanation of
    anything.

    B. Function of Philosophy of Law and Jurisprudence – Philosophy of law is a


    quest of law which appeals to reason to obtain justice. It is opposed to tyranny.

    C. Critical Legal Realism


    o “Rule of law,” Cariño vs. Insular Government, 7 Phil. 132 & 212 U.S. 449
    o “Judicial activism,” Estrada vs. Desierto, G.R. Nos. 146710-15, 2 March
    2001

    D. Concept of Law from a Policy Science Perspective


    o “Immediate comforts”: Atok Big-Wedge Mining Co. Inc. vs. Atok Big-
    Wedge Mutual Benefit Association, 92 Phil 754

    II. History of the Philosophy of Law – Coquia, pp. 3-7

    A. Ancient Greek Philosophy


    o Plato – The Republic
    o Aristotle on Politics

    B. Ancient Roman Philosophy – Cicero and the codification of law

    C. Legal Philosophy of the Medieval Era – Christianity

    D. Legal Philosophy in the Renaissance – overcome excessive dogmatism

    III. Historical School – Coquia, pp. 8-13

    A. Friedrich Carl von Savigny – Treatise on Possession; Jus Possessionis of the


    Civil Law

    IV. Seminal Concepts – Coquia, pp. 14-65

    A. Plato
    1. Meno on Socrates by Plato – about Virtue
    2. Euthypro on Socrates by Plato – about Prosecution

    Page 1 of 3
    Legal Philosophy Outline
    Atty. Riemann J. Delos Santos

    3. Maxwell, Max. “Introduction to the Socratic Method and its Effect on Critical
    Thinking”

    B. Aristotle
    1. Politics Book One on Common Good
    2. Politics Book Two on Ideal Life

    C. Cicero
    o “Prudence” – United States vs. Holmes, 26 Fed. Cas. 300

    D. Immanuel Kant – Categorical Imperative

    E. Georg Wilhelm Friedrich Hegel – Philosophy of Abstract Right

    V. Positivist School – Coquia, pp. 66-114

    A. Austin
    o “Non-suability of the State” – Switzerland General Ins. Co, Ltd. vs.
    Republic of the Philippines, 32 SCRA 227
    o “Sovereign Immunity” – NHA vs. Roxas, G.R. No. 171953, October 21,
    2015

    B. Hans Kelsen – Pure Theory of Law


    o Lausanne Brand
    o Vienna Brand: Purification of Positive Law; Normative Legal Order;
    Empirical Justice

    C. Jeremy Bentham – Introduction to the Principles of Morals and Legislation:


    philosophy of human conduct

    VI. Functional School – Coquia, pp. 115-150

    A. Pound on The Scope and Purpose of Socio-logical Jurisprudence

    B. Social Interests and National Policies


    o “Priinciple of Pari Delicto”, De Los Santos vs. Roman Catholic Church of
    Midsayap, G.R. No. L-6088, 50 O.G. 1588
    o “Economic Progress”, Guido vs. Rural Progress Administration, 84 Phil
    847

    C. Contemporary Moral Sense


    o Yu Singco vs. Republic of the Philippines, G.R. No. L-6152, 50 O.G. 104

    VII. Realist School - Coquia, pp. 151-163

    A. Holmes
    o Buck vs. Bell, 274 U.S. 200, 71 L. Ed. 1000, 47 S. Ct. 584

    Page 2 of 3
    Legal Philosophy Outline
    Atty. Riemann J. Delos Santos

    o Abrams vs. United States, 250 U.S. 616, 65 L. Ed. 1173, 40 S. Ct. 17

    VIII. Communist Theory – Coquia, pp. 164 – 173

    A. Karl Marx – The Communist Manifesto

    B. Vladimir Ilyich Ulyanov Lenin – The Communist Experiment

    C. Mikhail Gorbachev - Perestroika

    IX. Policy Science School – Coquia, pp. 174 – 197

    A. Lasswell and McDougal

    B. Liberty
    o Rubi vs. Provincial Board, 39 Phil 660

    C. Policy Science Jurisprudence


    o Social Values: power, knowledge, respect, income, safety, liberty,
    equality

    X. Natural Law – Coquia, pp. 198 – 245

    A. St. Thomas Aquinas

    B. Universal Declaration of Human Rights

    C. Philippine jurisprudence using Natural Law


    o Luna vs. Intermediate Appellate Court, 137 SCRA 7
    o Imbong vs. Ochoa, G.R. No. 204819, April 08, 2014

    Page 3 of 3

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