Philosophy of Law Chapter I

- The analytical and normative study of law I. LEGAL WISDOM AND COUNSEL
and legal concepts.
Lawyers and philosophers often face
“Law is nothing else but the best reason of wise misunderstanding and criticism, with many viewing
men applied for ages to the transactions and lawyers as morally questionable and philosophers as
business of mankind.” impractical thinkers. However, both roles are
— Abraham Lincoln, 16th U.S. President, lawyer essential; lawyers provide legal counsel while
philosophers offer deeper wisdom about the law and
- This quote means that law is essentially a its principles. Legal wisdom involves understanding
compilation of the best insights and not just the rules but the reasons behind them,
reasoning from wise individuals, refined helping clients navigate complex situations with
over time to govern human interactions and thoughtful insight. By blending legal knowledge
activities. It implies that laws are not with philosophical reasoning, lawyers can better
arbitrary but rather grounded in practical grasp the purpose of laws, leading to more just
wisdom aimed at fostering order and justice outcomes and informed decisions in society.
in society.
Pilosopo – gets around things by argument, the II. LAW’S LIKES AND UNLIKE

lawyers gets his client off the hook by He who dethrones the idea of law, bids chaos welcome
swordsmanship. in its stead. — Horace Mann, Thoughts
Horace Mann's quote suggests that if we reject the
Philosophy (from the Greek philos and sophia)
concept of law, we invite chaos into our lives. It
means the “love” of “wisdom,”
highlights the importance of law in maintaining order and
“Philosophy of law” is the “love of the wisdom of stability in society. Without laws to guide behavior and
the law.” resolve conflicts, people may act unpredictably, leading
to disorder. Essentially, Mann emphasizes that laws are
A lawyer, therefore, is a lover. He is a lover of the essential for a functioning society, as they provide
wisdom of the law. The lawyer-philosopher loves structure and a framework for justice.
the law so much that he or she wants to know its Similarities and differences between law and
inner nature, features, history, and destiny. In philosophy
return for this love, the lawyer is, hopingly, beloved
by his clients. While some LIKES

1. **Creating Order:** Both laws and philosophical ideas

Lawyers may only learn the black-letter rules.
aim to bring order to society and prevent chaos.
(Well-established legal rules that
are no longer subject to 2. **Moral Basis:** Many laws are based on common
reasonable dispute) ideas of right and wrong, similar to ethical principles in
philosophy.

3. **Ability to Change:** Just like philosophical ideas

Philosopher-lawyers learn the whys of the law.
evolve, laws can change to meet new needs in society.
“The passage means that the philosophy of
law reflects a deep appreciation for the UNLIKES
wisdom essential in legal systems. It 1. **Complexity vs. Simplicity:** Laws can be
describes lawyers, as lovers of its complicated and hard to understand, while philosophical
principles, seeking to understand its nature, ideas often aim for clear understanding.
history, and future. This search for deeper 2. **Strict vs. Flexible:** Laws are usually strict and must
knowledge distinguishes them from those be followed, whereas philosophy is more open and
who only know the basic legal rules, and encourages personal interpretation.
ideally earns them respect from clients.
3. **Enforcement vs. Reflection:** Laws need to be
enforced, which can feel controlling, while philosophy
invites people to think and explore ideas freely.
Pilosopo - gets around things by argument
- sees court reports’ as ideas, motives, & theory
not dead texts. In short, both law and philosophy help guide how we
live, but they do so in different ways. Laws set specific
Lawyer - gets his client off the hook by wordsmith. rules, while philosophy encourages deeper thinking and
understanding.

“Banality of Evil” – when we refuse to act with

reason, when we follow orders without
thinking, when we refuse to be human.
 highlighted for their views on justice as the pinnacle
of moral virtues, suggesting that a society rooted in
justice leads to a higher moral standard. Aristotle’s
assertion that justice is the most admirable virtue
reinforces this idea, portraying it as essential for
societal well-being and individual character.
The text then contrasts these timeless values with
what it describes as "pseudo-progressives"—
modern thinkers who reject traditional wisdom. The
author argues that true progress and understanding
come from acknowledging the contributions of past
philosophers. By invoking the thoughts of figures
like Democritus and Aristotle, the author
emphasizes how foundational ideas about matter
and energy paved the way for modern scientific
breakthroughs, such as atomic energy. This
connection illustrates that the insights of ancient
thinkers continue to shape contemporary
understanding and technological advancement.
Moreover, the passage likens enduring ideas to
well-preserved remnants from the past, suggesting
that great thoughts are ageless and vital, much like
ancient biological specimens that retain their
essence despite the passage of time. This analogy
serves to underscore the idea that wisdom from the
past remains relevant and can inform future
progress.
The mention of Justice Holmes reading Aristotle at
the height of his career illustrates that even the
greatest minds seek solace and enrichment in the
ideas of past geniuses. This reflects a belief that
intellectual growth and fulfillment come from
engaging with profound ideas rather than being
distracted by the trivialities of contemporary society.
Ultimately, the author positions the discussion as a
message for those with the capacity to understand
these deeper truths, expressing a certain disdain
for those who lack intellectual depth. The overall
tone suggests a call to honor and learn from the
wisdom of the past, as it can illuminate our present
and guide our future. By doing so, society can
cultivate a more just and virtuous existence, one
that transcends the chaos and mediocrity that can
arise when such values are disregarded.

Facts

Jorge B. Vargas took legal action against Emilio

Rilloraza and others over a property dispute. The
defendants claimed they owned the property based on
certain actions, but Vargas disagreed.

Issues

1. Did the defendants have a valid claim to the

property?
2. Were Vargas's rights as the original owner being
violated by the defendants?
JORGE B. VARGAS v. EMILIO RILLORAZA, ET AL.
Ruling
(G.R. No. L-1612, February 26, 1948)
The Supreme Court decided in favor of Jorge B. Vargas,
PERFECTO, J., concurring: confirming that he was the rightful owner of the property
and rejecting the defendants' claims.
The passage discusses the timeless significance of
justice and virtue, referencing influential thinkers Doctrine
throughout history. Cicero and Aquinas are
The court emphasized that property rights must be principles is invalid and must be abolished to
protected by law. It stated that actions that unfairly take maintain the integrity of democratic institutions.
away someone's property rights are not acceptable,
highlighting the need for legal protection to keep order
and justice in society.
H.L.A. HART ON LAW AND MORALITY
ALEJANDRO ESTRADA v. SOLEDAD
ESCRITOR

HEGEL AND THE SPIRIT OF STATUTES WILLIAM F. (A.M. No. P-02-1651, August 4, 2003)
PERALTA v. THE DIRECTOR OF PRISONS
VITUG, J., separate opinion:
(G.R. No. L-49, November 12, 1945) 48 PERFECTO, J., The Common Origin of Morality and the Law
concurring:
The text explores the deep connection between law
The passage emphasizes the urgent need to and morality, asserting that laws lacking moral
release the petitioner from unjust imprisonment due foundations are merely expressions of power. It
to a flawed judicial process. It argues that such a argues that individuals have both legal and moral
conviction not only violates fundamental human obligations to obey laws, and when laws conflict
rights but also reflects the remnants of a cruel and with morality, disobedience may be justified.
outdated ideology that must be eradicated to Historically, the Christian Church's influence
protect democracy and justice in society. The shaped this view, presenting divine authority as the
author condemns the summary procedures used in source of law.
the petitioner’s case as barbaric and hypocritical,
With the rise of secular states in the 16th and 17th
likening them to historical injustices perpetrated by
centuries, thinkers like Pufendorf and Vattel
tyrants and oppressive systems. introduced natural law, legitimizing new legal
The text highlights the moral obligation to restore systems that combined moral and civic principles.
the petitioner’s freedom and cleanse society of The 19th century saw a further integration of moral
concepts into law, aligning legal accountability with
these harmful practices. It warns against
moral culpability.
complacency in allowing such ideologies to persist,
comparing their danger to a disease that threatens The discussion then shifts to the liberal perspective,
the integrity of the nation. The author expresses which seeks to separate law from morality, focusing
pride in supporting the petitioner's release, on preventing harm to non-consenting parties. This
underscoring a collective commitment to uphold viewpoint is illustrated by the *Griswold v.
justice and the values championed by national Connecticut* case, where the Supreme Court
heroes. Ultimately, the piece calls for a renewal of struck down anti-contraceptive laws without
faith in humane principles, advocating for a just addressing their moral implications.
society that honors its past while striving for a
better future. The Devlin-Hart debate follows, sparked by the
Wolfenden Report's recommendation to
### Facts decriminalize private homosexual behavior. Patrick
Devlin argued for legal enforcement of societal
The petitioner was convicted and sentenced to life morals, while H.L.A. Hart emphasized individual
imprisonment through a judicial process deemed privacy and the complexities of diverse moral
absolutely null. The conviction was based on perspectives. Critics like Robert P. George contend
procedures that were fundamentally flawed and that laws can shape moral behavior by fostering a
abhorrent to justice and human rights. moral ecology that benefits society, suggesting that
moral laws are justified when they serve the
common good without imposing undue hardship.
### Issues
### Facts
The main issue revolves around whether the
petitioner is entitled to immediate release due to the The discussion highlights the historical intertwining
invalidity of the judicial process under which he was of law and morality, noting the influence of the
convicted. Christian Church and the transition to secular legal
systems. It also references the Wolfenden Report,
which recommended decriminalizing private
homosexual behavior, sparking debate on the role
### Rulings of law in regulating morality.
The ruling states that the petitioner is entitled to
### Issues
immediate release as a matter of absolute right
because the conviction was unjust and the The central issue is whether law should enforce
procedures used were fundamentally flawed. moral standards and to what extent it should
intervene in private behavior deemed immoral. The
text raises questions about the legitimacy of such
### Doctrine laws, particularly in the context of societal values
and individual freedoms.
The doctrine emphasized is that a legal system
must uphold fundamental human rights and ensure ### Rulings
justice. Any judicial process that contravenes these
The text does not present specific legal rulings but the vice mayor instead of recognizing the elected
discusses various positions in the ongoing debate candidate.
about law and morality, highlighting differing
perspectives from legal scholars like Patrick Devlin ### Reasoning
and H.L.A. Hart regarding the role of law in moral The dissenting opinion argues that this strict legal
regulation. interpretation weakening/undermines the
democratic process and the will of the voters,
### Doctrine emphasizing that law should reflect common sense
and experience rather than just logic. The dissent
The doctrine articulated suggests that while law stresses the importance of honoring the
cannot dictate morality, it plays a crucial role in electorate's decision over rigid statutory
shaping societal norms and values. Moral laws are interpretation.
justified to the extent that they serve the common
good and uphold societal values, but their rigid
application may be challenged if it undermines
these objectives. HOLMES ON PLAIN CONSTRUCTION
CO KIM CHAM (alias CO KIM CHAM) v.
EUSEBIO VALDEZ TAN KEH and ARSENIO P.
DIZON
(G.R. No. L-5, September 17, 1945)
HOLMES ON LAW AND EXPERIENCE PERFECTO, J., dissenting:
JOEL G. MIRANDA v. ANTONIO M. ABAYA and
the COMMISSION ON ELECTIONS ### Summary
The excerpt discusses the importance of adhering
(G.R. No. 136351, July 28, 1999) to the plain meaning of legal texts, emphasizing
PANGANIBAN, J., dissenting: that when legislative language is clear and
unambiguous, courts should not reinterpret it. Citing
The speaker acknowledges the majority's legal Oliver Wendell Holmes, it underscores the principle
distinction between "disqualification" and that the intent of the law should be derived directly
"cancellation" of a candidate's certificate of from its wording, avoiding unnecessary
candidacy, highlighting that under Section 77 of the interpretation. The overall message stresses the
Omnibus Election Code, only death, withdrawal, or need for judicial restraint in altering or imagining
disqualification allows for candidate substitution. legislative intent, thereby upholding the integrity of
While agreeing with the legal reasoning, the the law.
speaker cites Justice Oliver Wendell Holmes Jr. to
emphasize that law should reflect real-life ### Facts
experience rather than strict logic. 1. The October Proclamation is clearly articulated,
making the author's intentions unmistakable.
The speaker criticizes the majority’s ruling for 2. Oliver Wendell Holmes emphasizes the
undermining the electoral outcome, arguing that it importance of adhering to the plain meaning of
disregards the voters' choice. By enforcing a legal words in legal texts.
interpretation that leads to appointing an unelected
vice mayor instead of recognizing the elected ### Issue
candidate, the speaker believes the court is The issue revolves around whether courts should
denying the popular will. This stance underscores a strictly adhere to the literal meaning of statutory
tension between legal formalism and democratic language or allow for broader interpretations.
principles, asserting that the court should honor the
electorate's decision. ### Ruling
The text advocates for a strong adherence to the
plain meaning of legislative language, indicating
### Facts that courts should not deviate from what is clearly
1. The petitioner, Jose “Pempe” Miranda, was a stated.
candidate for mayor and received the highest
number of votes in the election for mayor of ### Reasoning
Santiago City. The reasoning highlights that clear and
2. The legal issue revolves around the cancellation unambiguous legislative language should be
of his father’s certificate of candidacy and whether respected as it is, without interpretation. It argues
that allows for a legal substitution. that judicial interpretation should reflect the intent
3. The majority opinion holds that only death, conveyed through the statute's language, rather
withdrawal, or disqualification allows for candidate than imposing outside interpretations that might
substitution according to Section 77 of the Omnibus distort that intent.
Election Code.

### Issue
The central issue is whether the cancellation of a
certificate of candidacy constitutes a valid ground
for substitution under the law, or if it effectively
disregards the voters' choice, thereby undermining HOLMES ON LAWYER’S OATH TO CLIENTS
the election results. TEODORO REGALA, ET AL. v.
SANDIGANBAYAN
### Ruling
The majority ruled that the cancellation does not (G.R. No. 105938, September 20, 1996)
allow for substitution, leading to the installation of KAPUNAN, J.:
 ### Summary
### Summary The text emphasizes that public convenience,
safety, and order take precedence over
This excerpt explains the strong protections for individual civil rights when using public streets
lawyer-client confidentiality and the loyalty and places. It argues that constitutional rights,
lawyers owe to their clients. This protection such as free speech and peaceful assembly,
lasts even after the lawyer-client relationship do not guarantee the right to exercise these
ends. It highlights how important it is for freedoms in public areas without government
lawyers to maintain trust and integrity in their regulation or consent. The case Davis v.
work. The court supports the petitioners' right Commonwealth illustrates that the legislature
to keep their clients' identities private, stating has the authority to control public spaces and
that revealing them would break the trust and can restrict activities like public speaking
duty lawyers have to their clients. without infringing on civil rights.

### Facts ### Facts

1. Lawyer-client confidentiality is protected not 1. **Context**: The discussion revolves around
only during the professional relationship but the balance between individual civil rights and
also after its termination. public interests in the use of public spaces.
2. The court is committed to protecting the 2. **Legal Precedent**: The U.S. Supreme
integrity of the legal profession and the duties Court case, Davis v. Commonwealth, serves
of lawyers. as a key reference for understanding legislative
control over public spaces.
### Issue 3. **Judicial Interpretation**: Justice Oliver
The central issue is whether lawyers can be Wendell Holmes’s opinion in the case
compelled to disclose the identities of their highlights the legislature's authority to manage
clients, potentially breaching the confidentiality public usage without violating individual rights.
privilege.
### Issues
### Ruling - **Public vs. Private Rights**: The core issue
The court upholds the right of petitioners not to is whether individual rights can override public
reveal their clients' identities, affirming that rights in shared spaces.
doing so would violate fiduciary duties. - **Government Regulation**: It questions the
extent to which the government can regulate
### Reasoning activities in public areas to ensure order and
The reasoning underscores the importance of safety.
lawyer-client confidentiality as a foundational
principle in the legal profession. It references ### Conclusion
the high standards of moral and intellectual The text concludes that while individuals have
discipline expected from lawyers, asserting that civil rights, these rights are subject to
revealing client identities undermines these regulation when it comes to public spaces. The
standards and the trust inherent in the lawyer- legislature is empowered to set limits to
client relationship. Additionally, it balance individual freedoms with the greater
acknowledges that the facts of the case fit public good.
within recognized exceptions to the
confidentiality rule, reinforcing the need for HOLMES ON VAGUENESS OF LAW
protection. JOSEPH EJERCITO ESTRADA v.
SANDIGANBAYAN
(G.R. No. 148560, November 19, 2001)
BELLOSILLO, J.:

### Summary
The text argues that when legislative intent is
clear, the void for vagueness doctrine does not
apply. It references Connally v. General
Construction Co., which states that a statute is
vague if it leaves people guessing its meaning,
violating due process. Holmes’s perspective
emphasizes understanding the law from the
viewpoint of a "bad man," focused on the
material consequences. The text asserts that
the Anti-Plunder Law's meaning is
HOLMES ON PUBLIC OVER PRIVATE unmistakable and that mitigating
INTEREST circumstances indicate that intent (mens rea) is
CIPRIANO P. PRIMICIAS v. VALERIANO
a key element of the crime.
FUGOSO
(G.R. No. L-1800, January 27, 1948)
HILADO, J., dissenting: ### Facts
1. **Legal Principle**: The void for vagueness 3. **Judicial Approach**: Judges can utilize
doctrine is discussed in relation to the clarity of arguments of policy or principle in the absence
legislative intent. of clear legal guidance.
2. **Case Reference**: Connally v. General
Construction Co. serves as a benchmark for ### Issues
understanding statutory vagueness. - **Moral Justice**: The need for moral justice
3. **Holmes’s Perspective**: Oliver Wendell in legal adjudication.
Holmes's view provides a practical lens for - **Legal Gaps**: The challenge of resolving
interpreting the law's clarity. cases when existing law does not provide clear
guidance.
### Issues
- **Clarity of Statutes**: The main issue is ### Conclusion
determining when a law is too vague to meet The decision exemplifies how judges can
due process requirements. effectively navigate gaps in the law to promote
- **Mens Rea in Criminal Law**: The text justice, reflecting both natural law principles
highlights the significance of intent in applying and practical legal reasoning. This approach
the Anti-Plunder Law, suggesting that criminal supports the notion that law should evolve to
responsibility hinges on the offender's mindset. better protect individuals and uphold moral
standards.
### Conclusion
The clear intent of the law, as interpreted
through established legal principles and JOHN FINNIS AND CONTEMPORARY NATURAL LAW
common sense, reinforces the idea that PHILOSOPHY
vagueness does not apply when the meaning REPUBLIC OF THE PHILIPPINES v. SANDIGANBAYAN,
is evident. The Anti-Plunder Law incorporates MAJOR GENERAL JOSEPHUS.
mens rea, emphasizing the importance of the
RAMAS and ELIZABETH DIMAANO
offender's intent in assessing liability.
(G.R. No. 104768, July 21, 2003)
PUNO, J., separate opinion:
DWORKIN ON LEGAL PRINCIPLES
PAULINO and LUCENA PADUA v. ### Summary
GREGORIO ROBLES and BAY TAXI CAB Natural law theory, which started with
(G.R. No. L-40486, August 29, 1975) Aquinas, has influenced legal thinking,
FERNANDO, J., concurring especially in the U.S. and the Philippines.
John Finnis suggests that the principles of
natural law come from understanding what
is good for people, like life and friendship.
JOHN FINNIS AND CONTEMPORARY Lon Fuller focuses on practical rules for
NATURAL LAW PHILOSOPHY laws to be valid, listing eight key
REPUBLIC OF THE PHILIPPINES v. requirements. Ronald Dworkin adds that
SANDIGANBAYAN, MAJOR GENERAL
laws include not just rules but also moral
JOSEPHUS.
RAMAS and ELIZABETH DIMAANO principles that guide court decisions.
(G.R. No. 104768, July 21, 2003)
PUNO, J., separate opinion: ### Facts
1. **Historical Influence**: Aquinas’ ideas on
### Summary natural law shape modern law.
Justice Castro's clear articulation of a key issue 2. **Finnis' View**: John Finnis says natural
and its resolution promotes moral justice in
law is about understanding human goods.
adjudication. The decision strengthens legal
protections for victims of vehicular accidents, 3. **Fuller's Rules**: Lon Fuller outlines eight
addressing initial doubts about traditional practical rules for valid laws.
procedural concepts. The text suggests that 4. **Dworkin's Ideas**: Ronald Dworkin
when legal gaps exist, judges can draw on believes laws include moral principles too.
policy or principle arguments to reach just
outcomes. The decision aligns with natural law ### Issues
thinking, emphasizing moral justice while also
- **Changing Natural Law**: How ideas about
supporting logical and social perspectives on
law. natural law have evolved.
- **Rules vs. Morality**: The debate over
whether laws should focus on procedures or
### Facts moral values.
1. **Justice Castro's Role**: Justice Castro - **Moral Principles**: The role of ethics in legal
clearly defined the key issue and its resolution.
decisions.
2. **Legal Protections**: The ruling enhances
protections for victims of vehicular accidents.
### Conclusion
Natural law theory remains important in today's the desire for justice—regardless of
legal discussions, with various scholars differences.
offering different views that highlight the
connection between law, morality, and practical This relates to **natural law**, which argues
requirements. that inherent rights exist for all based on our
common humanity.
In **international law**, it emphasizes
universal human rights that all nations should
uphold.
Classic philosophers like **Aristotle** and
**John Locke** also discuss the importance of
recognizing our shared humanity in creating
just societies.
Overall, the quote underscores that our
common experiences are the foundation for
ethical principles in both natural and
international law.

CHAPTER III
(NATURAL LAW, INTERNATIONAL LAW,
AND THE CLASSIC PHILOSOPHERS)

In the quote from Shakespeare, he highlights

our shared human experiences—pain, joy, and