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Philosophy of Law Legal Philosophy

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42 views2 pages

Philosophy of Law Legal Philosophy

Uploaded by

jessicasuette
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PHILOSOPHY OF LAW/ LEGAL PHILOSOPHY

Legal philosophy- The analytical and normative study of law in legal concept( The
study of law is standardized like it's an analysis like in any other science or
area of study so the study of law is not just like doing it aimlessly or, there
should be a step by step or there's a reason behind it and there's a process and
you will be discovering the process, because of the 3 dimension of legal reasoning.
Now jurisprudence, legal theory and legal Philo or Philo of law, these four words
are interchangeably used in literature, Juris, legal authorities are using these
interchangeably such that you should not be confusing yourself just to think that
they mean one and the same to make it simpler,

do we need to study legal philosophy?


I found these three reasons and, of course the three reasons, it's more of the
practicality of it or in the application, especially that if you are still studying
the law, I will understand that your appreciation of these 2 reasons will be
limited because as you can see in our slide that it's more of the legal
institutions and the legal or the practice of law and you would have better
exposure if you or unless you are studying or you are working in government or you
are working in a law office or you were involved in a case maybe, your appreciation
would be in-depth compare to those purely student now. I purposely included the
third reason, because you will indeed have a better understanding of law and its
legal or it's provisions if you know the philosophy behind the enactment of the
law. Philosophy by itself means the reason behind the law and legal philosophy will
give you the why behind a law and this is not just a product of a one-night study
by our legal philosophers but it has been a product of civilization from the
earliest philosopher up to the contemporaries or more or recent political or legal
theories.
ANSWER TO WHY.
* YES
* In what manner does legal philosophy affect the practice of law?
* How is it that some philosophies are useful to legal institutions and other
institutions and other are not?
* You have better understanding of the laws and their provisions if you understand
the philosophy behind.

Now legal philosophy tries to answer these questions why do yo have law, if we say
why do have the law , it also tells you what's the reason behind of law, and asides
from if we go to the next level of understanding what makes the law valid, and
binding. Because when you say that the law is valid and binding, it affect
individuals, and also it is very common especially on the constitutional law, what
is the basis and breathe of governmental power and jurisdiction in relation to
private rights and freedom, means the private individual in comparison to the
government and you have to explore these things and you will be familiarizing with
these, the reason the validity and what makes it binding the authority and the
people affected by the application of the law.

It tries to answer these questions:

* Why do we have the law?


* What makes the law valid and binding to individuals?
* What is basis and breadth of government power and jurisdiction vis-a-vis private
rights and freedom?

4 MAJOR LEGAL THEORIES


* NATURAL LAW
-describe as the opposite of the positivist ( because it addresses what the
positivism cannot address)
-seek both to given an account of the facticity of law and to answer
questions that remain central to the understanding of law.
- Addresses questions legal positive does not aspire to answer.
- Natural means "of reason", as in "the law of reason" the requirements of
reason" ( the in-depth reason of the law, especially to the why of the law,
why is it pass)

* LEGAL POSITIVISM/ IMPERATIVE? ANALAYSTS LAW THEORY


- tells us that the law is the command of soverighny and you cannot question
the reason or the why behind the law, because this is focus to the authority, since
it's given by the sovereign , it is given by the monarch, it is given by the
government, by the congress, so all you have to do is to follow it and there's no
need for you to question, whether valid, useful or it is abuse of power. Because it
focuses in the commanding person.

THe positive treatment, you cannot question the justness of the law because it's an
extra legal affair, it goes beyond the permission of the law.

* MARXISM
( this is an economic terminology)

-Innovated on the use of the term production such that it applies to mental
production (politics, laws, morality, religion, of a people)
-Law as an instrument of class oppression ( the ruling class know how to rule
and in particular how they use as an instrument of class instrument (the rulling
class that dictate on what the law should be)

* REALISM (detached the usual political realism)

(american realism) The actuality of the legal process and rules and it's
application that focus basically on court.

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