Central Philippine University

Lopez Jaena Street, Jaro, Iloilo City

2000 Word Term Paper

"Is it important to study Philosophy of Law?"

Submitted by:

Sherry Mae P. Aborde

Submitted to:

Attorney Eugenio S. Hautea

Professional Lecturer

College of Law

Central Philippine University

November 2021
 TABLE OF CONTENTS

Title Page

Table of Contents

Chapters

I. Introduction
II. Discussion
III. Conclusion

References

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I. INTRODUCTION

Plainly hearing the word “Law” can be so much different than digging
deep to the nature and its real value. In order to appreciate the value
of something, we need to embrace its language, its full essence and
look through its history and the underlying analysis behind its nature.
As a first-year law student and having this privilege to experience
such mental exposure on the subject “Philosophy of Law”, my
abstract concept about law started to amplified, it opened more
rooms for curiosity and an unlimited opportunity to learn what seems
to be as an attractive stranger (speaking in the romantic human
language).

In the Internet Encyclopedia of Philosophy, the author Kenneth Einar

Himma from Seattle Pacific University, United States of America,
defined Philosophy of Law as another term for (legal philosophy)
which is concerned with providing a general philosophical analysis of
law and legal institutions. Issues in the field range from abstract
conceptual questions about the nature of law and legal systems to
normative questions about the relationship between law and morality
and the justification for various legal institutions.

There are few philosophers who respect law. Admittedly, some

lawyers aren’t bothered by any of this. However, when lawyers don’t
think about these things, it often results in the law being, well, what it
has become - both oppressive and too expensive for the average
person to use.

I can compare the journey of studying “Philosophy of Law” in getting

to know someone who was once a stranger and at certain season of
my life as I give it time and attention, it causes me to discover its
worth. I come to grasp its great value as time passes by, and as I
become exposed to the grandness of its beauty, I never expected
that this attractive stranger is such a gem to give me immeasurable
benefits and unexpected growth through embracing its concept. I
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become fond of its language, I get used to its inspiration and the
reason behind why it is as it is, I got the chance to analyze possible
potentials and patterns it reveals day after day. The attraction
continues to develop knowing that I had a very wrong first impression,
which I realized was too shallow for me to judge. So, let’s talk about
this stranger as I decided to name it romantically as “Jurisprudence”.
The role of Jurisprudence in my life as a student of “Law” which
opened up ideas on the role of legal theory including where legal
authority is drawn. Looking through Jurisprudence in the study of
Philosophy of Law changes the mode from boredom to some sort of
motivations, with fun and it birthed to more philosophical questions
which makes the journey of learning law sustainable and eventually
become a lifelong source of intellectual joy.

II. DISCUSSION

Just like human beings, each of us have interesting nature and

unique qualities and definitions which made us as human beings and
so is Jurisprudence. Jurisprudence made me realized the necessity
of every concept to understand the its nature of laws, its limitations,
and categories which are way beyond the thought of practical
knowledge it offers and in knowing the truth.

In the book written by Nicolo F. Bernardo and Oscar B. Bernardo

regarding “Philosophy of Law”, which we are using as reference in
studying this subject matter, I learned that Jurisprudence has three
(3) primary categories. These are Analytical Jurisprudence,
Normative Jurisprudence, and Critical Legal Theories.

So, Philosophy of Law according to Legal Theorist or Legal

Philosophers in the category of Analytical Jurisprudence, seeks to
differentiate legal norms from other societal norms such as ethics and
morality, which also analyzes linguistic uses, meanings, an evaluation

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of specific laws and legal concepts. It is said that much controversy
surrounds analytical jurisprudence with primary arguments forming
around the relationship between law and morality. I remembered the
topic we discussed in Chapter One with regards to “Law’s Likes and
Unlike” which we discussed about why Philosophers have not always
been positive about law. Considering Analytical Jurisprudence at this
category, I can’t forget the thought about how human come up with a
social contract under a common rule, granting that every human has
its own will and reason, sui juris- a law unto himself and it is said that
an individual can arguably get by without law. In addition, about the
thought from the book with regards to solitude, it has been highlighted
there that we can live freely without laws but it becomes a different
story when we deal with another sui juris like ourselves. So, in the
concept of Analytical Jurisprudence, whether legal theories derived
from moral beliefs are in fact, a solid basis in connection to Statutory
Law, Natural Law or the perceived natural order of justice, it is the
core of Analytical Jurisprudence and it is in constant opposition to
legal positivism, the denial of connections between law and morality.
This concept revolves on giving clarity to the question regarding
“what” of the legal philosophy.

The second category of jurisprudence is normative jurisprudence. It is

said that normative jurisprudence seeks to analyze concrete
questions of law and freedom based on three issues. It directly
addresses legal obligations in the scope of legal power. The three
issues at the heart of normative jurisprudence include the ability to
restrict freedom, the obligation to obey and justified punishment.
Restriction of freedoms is an inherit function of law but the extent of
restriction and appropriate punishments for violations is the basis of
this particular philosophy of law. For example, the Criminal Laws
restrict freedoms by removing certain behavioral choices such as
rape or murder while restricting freedom of speech is often deemed
outside the scope of legislative control. In this category I have

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appreciate the necessity of accepting struggle of familiarizing the
laws and requisites of every subject matter. The limitations of the
legal philosophy in this matter can be analyze and it gives much
practical understanding about the “How’s” of laws.

The third category of jurisprudence is critical legal theories. It is the

philosophy of law that encompasses multiple topics. Such topics
include legal realism which seeks to analyze how the judicial system
truly functions rather than abstract concept presented by analytical
jurisprudence philosophers. Law in economics, as another area of
critical legal theory argues points regarding the effect of judicial
systems on economics and vice-versa. It is said that this category of
philosophy of law challenge more traditional forms of legal
philosophy.

Finally, outsider jurisprudence encompasses legal theories debating

the effect of legal statutes on women, minorities, and other
underrepresented groups. Regardless of categories, Legal
Philosophy analyzes all aspects of laws, legal systems, and legal
theories debating the role of legal systems, the evolution of law, its
relationship to and its place in society, as well as the effects of law in
all the hot topics of legal theorists. Whether assisting in the
understanding of the role of legal system or determining the scope of
power given to legislators, A philosophy of law seeks to ensure
statutory laws contributing to the growth and prosperity of society.

My first impression about Philosophy of Law, its far more valuable to

view it in a perspective of its different categories. Just like getting to
know our fellow sui juris, it can be a bit shallow to judge it at first
glance, and so as I get along and get used to its nature, I can barely
comprehend the value it brings in relationship to its different area of
studies. Now I appreciate everything.

In connection to the study of philosophy of law in at least two

powerful ways. The first appears in the analysis and formation of

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arguments. The study of philosophy of law entails the reading and
analysis of numerous arguments forwarded by writers and thinkers,
legal philosophers to support their conclusions concerning
metaphysics, epistemology, and ethics. As such it affords much
practice in the use of the techniques, vocabulary, and principles of
rhetoric and logic. This is of great practical advantage to legal
students and practitioners. The second, and more comprehensive
relevance consists in the intellectual approach to what screenwriter
James Bridges calls in The Paper Chase “that vast complex of facts
that constitute the relationships of members within a given society.” In
that film about first-year law students at Harvard Law School, the
terrifying Professor Kingsfield informs his charges that they “teach
themselves the law, but he trains their minds.”

Furthermore, Philosophy of law is the discipline deluxe for the training

of the mind and, as such, is an excellent preparation for the study and
practice of law.

With Regards to the excellent preparation for the practice of law, in

order to attain the truth and have deep knowledge of a certain idea,
let me add in this concept that we have to be driven by love.
Philosophy as in broader concept in connection of law still is the love
of wisdom for the sake of law. It’s the academic study of studying
legal concepts. It’s the study of our general fundamental questions
about pretty much everything in life about societal and legal norms.
It’s our basis of general knowledge of the law. We study about and
reason our existence and our minds in respect to the field of legal
aspects. The importance of legal philosophy in this aspect plays into
every single thing we do on a daily basis. It’s reason and the study of
reason. Which indeed, we can practically apply to everything,
including sports, law, and politics. We need love above the concept of
Philosophy of Law and in its practicality. In everything, we need to be
driven by love. I have to love the law and saying I love it from the very
start would be unfair without fully grasping its dark and light areas. I
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am grateful to have the privilege to spend this season of my life,
seeking purpose and knowledge. When I compare my concept of
justice before I was a student of Law, I cringe on the way I
philosophized my ideas, my shallow knowledge about the law is
doomed and thankfully my confidence on certain matters have started
to change recently. Being a student of law is not enough to attain
perfection when it comes to the subject matter and may this be a
great reminder to myself that in order to have a deep foundation on
certain ideas, I need to philosophize driven by love. I need to take a
stand. I need to think like a philosopher and grind like one.

III. CONCLUSION

Therefore, I can conclude that the study of Philosophy of Law is the

most important above any subject matter out there in the pursuit of
being a lawyer.

The main reason we have Jurisprudence as legal philosophy, is so

that we can understand the reason behind why we have to obey laws
or even why do we have certain laws.

Law comes from fusion of different philosophy but this is not

invocable, in another word, this can be an eye opener about law
where judge or lawyers can seek justice. Actually, without studying
philosophy of law no one could be a professional lawyer because our
foundation of law is beyond different philosophies. Like Bentham
have his own philosophies in justice, Kant have his owns and other
have their own dimension. It is also helpful for a case study as well.
Philosophy of law may not be seen as much of a practical use.
Having said that, learning philosophy of law actually helps me to think
analytically and form creative arguments. It is necessary especially in
litigation. In terms of argumentation, critique, and analysis. There are

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reasons why philosophy is one of the best undergraduate degrees
before taking the bar.

REFERENCES:

Philosophy of Law by Nicolo F. Bernardo and Oscar B. Bernardo

Internet Encyclopedia of Philosophy- https://iep.utm.edu/law-phil/