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THEORY
transcends
the
competence
of
each
individual juridical science. It considers the
essential elements which are common to all
juridical systems (Kant).
CHAPTER 1
INTRODUCTORY CHAPTER
CHAPTER IV
SEMINAL CONCEPTS (Philosophical
Approach)
THE REPUBLIC
By Plato
CLASSICAL NATURAL LAW
According to Plato, when judgment of society
takes the form of a public decision of the
state, it has the name law.
ARISTOTLES POLITICS
Classical Natural Law
B. WHAT IS RIGHT?
All this may remain entirely hidden even
from the practical Jurist until he abandon his
empirical principles for a time, and search in
the pure Reason for the sources of such
judgments, in order to lay a real foundation
for actual positive Legislation.
The conception of Right:
1. External and practical relation of one
Person to another, in so far as they
can have influence upon each other,
immediately or immediately, by their
Actions as facts.
2. The relation of his free action to the
freedom of action of the other.
3. In this reciprocal relation of voluntary
actions, conception of Right does not
take into consideration the matter the
act of Will in so far as the end which
any one may have in view in willing it,
is concerned.
Right, therefore, comprehends the whole of
the conditions under which the voluntary
actions of any one Person can be harmonized
in reality with the voluntary actions of every
other Person, according to a universal Law of
Freedom.
CHAPTER V
AUSTIN, THE PROVINCE OF
JURISPRUDENCE DETERMINED
Laws proper, or properly so called are
commands; laws which are not commands
are laws improper or properly so called.
Laws properly so called, with laws improper
by so called, may be aptly divided into the
four following kinds:
clearer
AND
MORAL
CHAPTER VI
THE FUNCTIONAL SCHOOL
1.3.
1. ANALYTICAL JURISPRUDENCE
The analytical jurists pursues a comparative
study of the purposes, methods and ideas
common to developed systems of law by
analysis of such systems and of their
doctrines and institutions in their matured
forms.
jurists
may
be
2. HISTORICAL JURISPRUDENCE
4.
5.
6.
CHAPTER VII
THE REALIST SCHOOL
THE PATH OF THE LAW
By Oliver Wendel Holmes
When we study law we are not studying a
mystery but a well-known profession. We are
studying what we shall want in order to
appear before judges, or to advise people in
such a way as to keep them out of court.
The means of the study are body of reports,
of treatise, and of statutes.
A legal duty so called is nothing but a
prediction that if a man does or omits certain
things he will be made to suffer in this or
that way by judgment of the court.
CHAPTER VIII
THE COMMUNIST THEORY
KARL MARX
Marxs ideas, particularly the prospect of
inevitable liberation of the working classes
from bondage and oppression through
revolutionary
action
made
a
strong
impression on Russian radicals.
LENIN ON MARX
Marxs teaching is complete and harmonious,
providing men with a consistent view of the
universe, which we cannot be reconciled with
any superstition, any defence of bourgeois
oppression.
The three components of Marxism are:
1. The philosophy of Marxism is materialism.
Provided the humanity,
1 and especially the working class, with a
powerful instrument of knowledge.
2. Marx devoted all the greater attention to
the study of economic order,
having recognized that it is the
foundation upon which the political
superstructure is erected, i.e. capitalist
society. The doctrine of surplus value is
the cornerstone of the economic theory of
Marx.
3.
CHAPTER X
NATURAL LAW
ST. THOMAS AQUINAS, THE SUMMA
THEOLOGICA
FOR A REVIVAL OF
DOCTRINE
IN
JURISPRUDENCE
By J0rge R. Coquia
NATURAL LAW
PHILIPPINE