Reaction Paper
Subject: Philosophy of Law
Content/Topic: Legal Philosophy for Filipinos: A case study approached
When I first heard about this subject, I didn’t thought how deep to write
a point of view related to our own understanding about the law. This
reaction Paper is based on my own synthesis. It’s my pleasure to present
to you a reaction paper based on what I remembered from our previous
discussions.
To understand what legal philosophy, is to understand first what is law.
Law is nothing but a group or collection of some rules that regulates and
control society or country. Every country has different rules and laws.
Also, It's important to know what philosophy means and the uses of
philosophy to have a deeper understanding and wisdom so that we can
co-relate it with our Jurisprudence:
Jurisprudence is the study of law that try to obtain a deeper
understanding of laws of nature, legal laws and legal institutions.
Jurisprudence tries to seek, analyze, explain and classify the entire body
of law. Jurisprudence is the science or philosophy of law and creates a
body of law, methods for interpreting the law, studies the relationship
between law and society, to predicts the effect of legal decisions.
We can divide jurisprudence into two parts: The analytic jurisprudence
and the normative jurisprudence. Analytic jurisprudence is the branch of
the legal philosophy. The principal objective of analytic jurisprudence is
to find the reasons that are differentiates laws as a system of norms from
the other system of norms as ethical norms. It provides sufficient
conditions that distinguish law from the non-law. It attempts to analyze
the laws and legal systems. While Analytic jurisprudence is a legal theory
that tries to understand the laws of nature. It deals about the basic
questions of law. Like- “what is a law” or “What are laws”.
During this semester, I learned why do we need to study legal philosophy.
Philosophy of law is important as it helps those practicing law, and those
subjected to laws, understand how the legal system functions. Before we
come to the individual law, let us look at the character and nature of law.
Natural law is a theory in ethics and philosophy that says that human
beings possess intrinsic values that govern their reasoning and behavior.
Natural law maintains that these rules of right and wrong are inherent in
people and are not created by society or court.
Law as as a rules is a durable system of laws, institutions, norms, and
community commitment that delivers four universal principles:
accountability, just law, open government, and accessible and impartial
justice. Law is regarded as a process and the rules being merely an
aspect of the process. Law is not just a statute. The characteristics of law
was obedience that means they are inviolable, it sees law generally
rather than particularly. People know that he would have violated the
law if he will cross and exceed the maximum limit that violates the law
depending on particular circumstances.
By studying on this subject, there's this question if the International law
was a true law? We must keep in mind that it governs the relationships
between countries to maintain peaceful and productive relationships
among each other. However, there is no bidding as what applies to all
countries and that there is no world congress and wold executive to
enforce internal law in case of violation. There's no sovereign state can
be forced to obey international law without it's consent or willingness to
do so.
The law within religious and tradition such as Code of Hammurabi, John
Calvin government by priest, Inquisition tribunal. As to Law and
Religion, from the time a legal system is born Religion has always been
at it side. There also a Jewish law such as Torah, Mishna, and Responsa.
The Human rights in Jewish Law have always been the central in the
Jewish tradition. The recognition of the importance of human life is at
the same time both integral to to the Jewish faith. There is also an
Islamic law that believed by Muslims. In Islamic law, human rights are
seen as rights which all human beings ough to have. These rights are to
be respected as a matter of religious obligation.
Canon law is body of laws enacted by ecclesiastical authority of
administration of Roman Catholic church the law codes was issued by
Pope John Paul II. These are principles on equity, good faith and
morality.
What I will focus on specifically in the essential feature which regard ties
philosophy of law to the condition of some “practical philosophy” is the
role played by the concept of value. Law as custom is a society's
habitually practiced conduct or preferences. The are obeyed not
primarily due to the fear of punishment because custom represents the
group's consensus how things are approach and done. In the Ends and
effects of law Aquianas and Aristotle believed that laws make a man good
and that’s the law's mission to enable the human person to achieve his
fullest development.
As a law student, I can see the difference between bringing the
discussion to that level of detail. Again, notice that I am striving
for clarity along with my curiosity for this subject. I hope that this
reaction paper will be appreciated by you,