Nature: Philosophy of Law or Legal Philosophy is a specific branch of philosophy which seeks to clarify the nature and function

of law. Specifically, it aims to study law as a rule of conduct compared to other ____ and seeks to find justification on its continued existence in society. It seeks to answer questions like: What is the nature of Law?, Are Laws necessary?, What is the origin of Law? What is the end of the Law? What are lawyers and judges trying to do when they attempt to determine what the law says? These are just some of the questions that permeate the realm of legal philosophy. The course aims to survey the main philosophical questions concerning law with a discussion of traditional jurisprudential concerns and topical and philosophical controversies. To supplement the legal theories discussed in class, articles and actual cases will be assigned from time to time. Course Outline:

I.

Law in General
A. Non-Jural Law (Divine Law, Natural Law, Moral Law, Physical Law)
1. 2. Divine Law Divine Law is any law that comes directly from the will of God. Natural Law Natural Law is a system of law that is determined by nature, and so is universal.Classically, natural law refers to the use of reason to analyze human nature. Moral Law

3.

B.

Jural Law (Particular, Collective and Abstract)

C. The Origins of Law and Jurisprudence, What is the end or purpose of the Law? (Concepts of law according to the Greeks, Romans, St. Thomas Aquinas, Immanuel Kant Utilitarianism, and Hegel)
1.

D. The Rule of Law and Normative Jurisprudence (Legal Moralism, Offense Principle, Obligation to obey the Law, Justification of Punishment)

II.

Law, Ethics and Morality

A short discussion on the relation between law and morality. It will show that what is legal is not necessarily moral and vice-versa. It will tackle the different actions of man and analyse its legal and moral bases, with particular emphasis on Management Ethics.

III.

Jurisprudential Schools / Perspectives

A. B. Natural Law Theory- law must be based on natural Law Historical School Laws are found in the People (OBLUTIACS)

C. Legal Positivism Law is the command of the sovereign; Laws are made, not found; Law is not a moral Concept (Hobes Austin) D. Functional Perspective Laws are adjusted to the social circumstances of the time to serve social interest; Social Engineering. E. Legal Realism Laws are what courts do.

F. Policy Science School Social Values as the end of the Law to achieve the goals of society. G. Critical Legal Studies Indeterminancy Critique of Interests