TELEOLOGICAL PERSPECTIVE

1. Natural Law Basis- teleological concept based on the natural law philosophy. For the
teleologists, natural law has a great deal more than any other idea.
2. Greek Concept- Human beings have a basic idea of the percepts of the natural law enabling
them to distinguish between right or wrong and to discern between good and bad.
A. Absolute Justice- Formulated by Socrates; as he emphasized two points: (1) that no
person is intentionally cause of his or her understanding of justice, and (2) only the
temperate, calmed, and controlled person knows himself of herself and thus able to
bring his or her emotions under control. These considerations are the basis of Socrates’
motto, know thyself. He added that a temperate person will do what is right and just, act
properly and patiently.
B. Rational Justice- Posited by Plato; this is the concept of justice yielding to the rational
mind. Thus, human beings are capable of discerning justice from injustice even in their
minds.
C. Particular Justice- Posited by Aristotle; he is in the position that justice is sound and
sensible when in light of events and circumstances, it is fair and equal. Thus, for
Aristotle, the hallmark of a person’s moral nature and good faith is fair equality.
3. Roman Concept- Rudolph Stammler once pointed out that “the Romans simply repeated in
the Latin language the expressions of the Greek philosophers especially the ideas of the Stoics”
A. Cicero- since humankind is governed naturally by utility, then, to rule the different
races and cultures under the Roman dominion effectively, the law must be based on the
principle of utility, that is to say in the interest of the ruler and not for the interest of the
governed.
B. Gaius- laws that are in derogation of natural law are not laws at all.
4. Aquinian Concept- Romish Church as the absolute authority; as for Thomas Aquinas, this
meant that the authority of the church in the papacy as the final arbiter and interpreter. He
thought of the law as an institution ordained by God, who as expounded by Aquinas as the
“Legislator of the whole justice and Governor of all things”. The primacy of a higher law over a
positive law is the mainspring of the Thomastic philosophy of law.
A. Justice- Thomas Aquinas considered justice in two aspects: (1) justice as an ethical
values, which holds that justice is inherent in every person, and (2) justice as a juristic
norm, which posits that justice has the constant and perpetual wish to give every man
his due.
B. Law and Sovereignty- “sovereignty itself is, ofcourse, not subject to law because it is
the author and source of law”
C. Immutability of Law- A law existing with justice is unchangeable. Although taken with
caution, Aquinas said that changes do occur in the subsequent applications of the law
and these changes may be by expansion or contraction in accordance with the
civilization of the time and place.
5. Kantian Concept- introduced by Immanuel Kant; his general philosophy is the idea of
transcendental philosophy, which means that learning or understanding is determined by the
mind itself.
A. Human Consciousness and Conduct- human mind has the capacity to construct or
harmonize ideas and concepts even prior to experiencing them by the physical senses.
(1) The Principle of Rightness- percepts of natural law are true and certain
independently of human feelings and inclinations, Kant posited that they are not
prompted by sense-experience but rather on ethical attitude.
(2) Categorical Imperative- a person must dwell on the total dimensions of his or
her consciousness, namely thinking, volition, and judgement, and assume
responsibility for injuries cause to other.
B. The Sense of Striving Rightness- it is evident to people not by theorizing alone but by
vivid reasoning that some things are simply right and others are just simply wrong and
evil. Conduct and decisions which are in accordance with the principle of rightness and
the categorical imperative and truly natural.
C. Metalegal Basis of Law- Kant emphasized the idea that the natural law cannot be
understood in terms of sense-experience.
6. Utility Supplement- founded by Epicurus; happiness as the measure of the goodness and
badness of acts and their consequences based on the hedonistic calculus. Intellectual and
aesthetic happiness or pleasures are the highest good.
A. Stages of Modern Utilitarian Ethics
(1) Benthamite Concept- Jeremy Bentham
(a) Nature Basis- in advancing his formula to determine whether an act or
conduct is good or bad, Bentham pointed two ideas: (1) that nature has
put human beings under the regime of pleasure and pains, (2) that every
act r conduct is done to procure the happening of some good or to
prevent the occurrence of evil.
(b) Measure of Utility- this is to facilitate the criterion of goodness; this
includes pleasures of physical senses, pleasures of amity or self-
recommendation, pleasure of good name or reputation, pleasure of
power, pleasure of piety, pleasure of benevolence, pleasure of
malevolence, pleasure of memory, pleasure of imaginations, pleasure of
expectations, and the pleasure of relief.
(c) Application in the Legal Order- acts, whether public or private, and
their consequences are to be measured by the calculus of pleasures and
pains, the proper goal, then of all governmental actions is the
maximization of justice.
(2) Jherinian Concept- Rudolf von Jhering; did not agree with Bentham’s
emphasis on the primacy of individual interests.
(a) Law of Purpose- “purpose” as the prime mover of the law. It is the
principle of purpose that operates in the legal ordering of society.
(b) Social Mechanics- To realize the partnership or concurrence of
individual and social purpose, Jhering applied these two types of levers:
the egoistic levers and altruistic levers.