CHAPTER IV on Philosophy of Law

NATURAL LAW,
◤ INTERNATIONAL
LAW, AND THE
CLASSIC
PHILOSOPHERS
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THE NATURE OF MANKIND
 As you know already that LAW is a product of social life, and is
a creation of human nature.
 Ancient Greek Philosophers like Plato, Socrates and Aristotle
believed that all men have a common nature that separates us
from other species – our ability to reason.
 Meaning, humans have self-consciousness, endowed with the
ability to reflect and analyze experience, to investigate and to
innovate, and to look for the causes, purposes, meaning, and
reason for things.
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THE GOLDEN RULE OF ALL
RELIGIONS
 To do to others what you want others done unto you.

 According to Carl Jung, the founder of Analytical Psychology, he said that rationality
is not the only thing humans share in common. We also have we he said as our
“collective unconscious” in our dream state and altered state.

 The core of Carl Jung’s theory system was the belief that the whole of the individual’s
experience should be respected and included, rather than aspects being pathologized
or disavowed; this included the individual’s unwanted ‘shadow’ aspects – such as, for
example, their aggressive, envious, destructive qualities, as well as their spiritual
longings and experiences. Jung’s was a vision that embraced the heights and depths of
human experience.
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 PE RSONAL UNCONSCIOUS - The personal unconscious, a concept
developed by Carl Jung, refers to all the information and experiences of an
individual’s lifetime that have been forgotten or repressed but continue to
influence their behavior and attitudes on an unconscious level.

 This aspect of the unconscious mind contains memories, perceptions, and

thoughts that may not be consciously accessible but can potentially become
conscious.

 These are emotionally charged associations or ideas that have a powerful

influence over an individual’s behavior and attitudes.

 For instance, a person might have a fear of dogs due to a forgotten childhood
incident. This fear, while not consciously remembered, is stored in the personal
unconscious and could cause an irrational response whenever the person
encounters dogs.
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 “Everything of which I know, but of which I am not at the moment

thinking; everything of which I was once conscious but have now
forgotten; everything perceived by my senses, but not noted by my
conscious mind; everything which, involuntarily and without paying
attention to it, I feel, think, remember, want, and do; all the future
things which are taking shape in me and will sometime come to
consciousness; all this is the content of the unconscious”
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COLLECTIVE UNCONSCIOUS
 The collective unconscious, a concept by Carl Jung, refers to shared, inherited
unconscious knowledge and experiences across generations, expressed
through universal symbols and archetypes common to all human cultures.

 The collective unconscious consists of pre-existent forms, or archetypes, which

can surface in consciousness in the form of dreams, visions, or feelings, and
are expressed in our culture, art, religion, and symbolic experiences.

 These archetypes are universal symbols and themes that are shared across all
human cultures and epochs. Some examples of these archetypes include the
Mother, the Hero, the Child, the Wise old man, the Trickster, and so on. Each
archetype represents common aspects of human experience which results to
some “complexes” in a person.
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Classical Natural Law

 Aristotle developed a distinction between “constitution” and “laws”:

 Constitution – the organization of offices in a state, and determines

what is to be the governing body, and what is the end of each
community.

 Laws – are the rules according to which the magistrates should

administer the state, and precede the offenders.
 To th◤e extent his works have survived, it is clear that Aristotle did not reach any final definition of law.
He saw the inherent complexity of legal phenomena, and he found no single description of it
could embrace its manifold aspects.

 Aristotle thought of law as a rule of conduct for the individual

 Stressed the ideal reason, the doctrine that legal precepts should have some basis in intelligibility and not
be the mere expression of arbitrariness, force, or custom

 Presented law as a contract

 Distinguished law from constitution and defined as the rules in accordance with which court
determine cases

 Pointed out law as a form of order.

 Law itself, like everything in the Aristotelian system has its end and to Aristotle it was very clear that its
task was to make men good. And to Aristotle, the highest good is happiness or well-being.

 Aristotle defined happiness as an exercise of the powers of life in accordance with the virtue
throughout the whole life-time. Happiness takes its origin in virtue, it issues in pleasure, and material
good-fortune is its ordinary equipment.
 ◤ SIX TYPES OF CONSTITUTIONS
ACCORDING TO ARSITOTLE

 Aristotle distinguished six types of constitutions. The first three are monarchy (one-man
rule), aristocracy (rule of few good men), and polity (rule of men with equal merits). Their
worst forms are the last three: tyranny, oligarchy, and radical democracy. Polity or
democracy is the most stable since monarchy risks the intemperance of its leader, while
rivalries and in- fighting hound an aristocracy. The aim of a good state is "the good life,"
with the middle class as the basis for progress.

 Democracies are more secure when there is a large number of empowered middle class
than when a population is divided into extremes of poor and rich. Both the rich and the
poor classes have the tendency to inequity.
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 For Aristotle, a good government establishes a political law

that conforms with rational principles of right and equity.
There must be a constitution (politeia) that provides general
rules and guidelines on the administration of the State.
 But for the particulars of the organization of offices, the
contingencies of life, and for settlement of future disputes,
laws (nomos) must be promulgated.
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 When there is a grey area in the law, equity (epikeia) must

be resorted to properly apply and interpret the law.
Interestingly, the Philippine Supreme Court has appealed
to equity whenever the law or a contract is silent or
inadequate. "Lest it be forgotten, our courts are courts of
both law and equity."
 Article 10 of the New Civil Code also provides that "in
case of doubt in the interpretation or application of laws, it
is presumed that the lawmaking body intended right and
justice to prevail.”
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Aristotle’s Theory of Legislation

 Aristotle’s normative view of the law is clearly apparent in his

theory of legislation. That law prescribes certain conduct: that
conduct of a brave man; that of a template man; that of a gentleman,
and so with all the other virtues and vices, prescribing some actions
and prohibiting others.

 Plato held that legislation should be so framed that it could be

incorporated in a manual of instruction for the young.
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 Aristotle laid down a series of principles to control and guide the
legislative process:
 The legislators he believed were from middle class--- ought to have his eyes
directed to two points – the people and the country.
 Legislator’s state must have a political life, a life of intercourse with other states

 A legislator must make sure that the nation’s arms should be such as enable it
to meet its foes in its own territory.
 The legislator must pay attention to the foreign relations of the state
 The legislator should not make conquest the aim of the state.
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STOICISM
 Stoicism is a school of philosophy that hails from ancient Greece and Rome in the early
parts of the 3rd century, BC. It is a philosophy of life that maximizes positive emotions,
reduces negative emotions and helps individuals to hone their virtues of character. It
teaches us virtues, tolerance and self-control which have inspired generations of
governments and leaders all through out history.

 Today we colloquially use the word stoic to mean someone who remains calm under
pressure and avoids emotional extremes.

 General vision of Stoics is – they believe that everything around us operates according
to a web of cause and effect resulting in a rational structure of the universe which they
call “LOGOS”. Meaning they try to deal with the world as it is while pursuing personal
improvement through 4 cardinal virtues of 1. Practical Wisdom, 2. Temperance, 3.
Justice and 4. Courage.
 Pra◤ctical Wisdom – or the ability to navigate complex situations in a logical,
informed and calmed manner;

 Temperance – or the exercise of self-restraint and moderation in all aspects of life;

 Justice – treating others with fairness even when they have done wrong; and

 Courage – not just in extraordinary circumstances but facing daily challenges with
clarity and integrity. They even said that sometimes, even to live is an act of courage.

 Like Marcus Aurelius who inspired Nelson Mandela because of his writings that
gave Mandela comfort through his 27 years of imprisonment during his struggle
for equality is South Africa.

 Stoics further claim that we suffer not from the events in our lives, but from our
judgment about them. So even in our darkest of moments, we can still find meaning
to our life and our existence.
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The Stoics - Cicero’s Principal Thesis
 Cicero’s principal thesis is that Law is not a product of choice, but is given by
nature. According to him, Law is noted based on arbitrary opinion, but there is a
natural, immutable and necessary “just” as is proved by testimony taken from the
very conscience of man.

 Besides this jus naturale, there exists jus gentium observed by all people
which serves as a basis for their mutual relations because its based upon their
common needs. And there is jus civile, that which is in force for each people in
particular.

 There is therefore a law of nature, immutable, not artificially made but already
existing, inborn. It is a uniform law, not subject to change by the action of
men.
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 Jus Naturale - a system of law based on fundamental ideas of right and wrong.

 Jus Gentium - jus gentium, (Latin: “law of nations”), in legal theory, that law
which natural reason establishes for all men

 Jus Civile - The term jus civile, meaning “civil law,” for example, was used in
ancient Rome to distinguish the law found exclusively in the city of Rome from the
jus gentium, the law of all nations, found throughout the empire.
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As to the Stoic Tradition

 The Stoics believed that human nature is based on reason and man I will achieve his
true humanity if he can perfect his nature. Thus, the Stoics too combined and
coalesced nature with morality, just as Aristotle and Aquinas did. However, their
version of human nature differs from that of the Aristotelian-Thomist tradition. In
particular, they did not place emphasis on man's social nature.

 In other words, it was still possible for man to realize himself as a human being
outside society. This was not possible, according to Aristotle, because he believed
that: "But he who is unable to live in society, or who has no need because he is
sufficient for himself, must be either a beast or a god."
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 For the Stoics, man may find complete fulfillment and happiness
anywhere, whether within the confines of society or not. The roots of
this thought can be traced back to Socrates and to Diogenes, the
Cynic.

 When Diogenes explained that man should live in accordance with

his nature, he meant that man should live in the simplest manner
possible, free from the artificialities and contrivances of civilization.
When man does not depend on anyone or anything, he is truly
independent, fulfilled and happy.
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 The Stoics adopted this idea but they did not use it like the
Cynics did. Man will find his happiness wherever he is, be
it within or outside the confines of society. In short, the
Stoics did not preach that man should abandon society or
civilization but he should instead accept whatever
situation fate or luck brought him and then make the best
out of it.
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 This perspective is mirrored in the Stoic idea of calm resignation. There are
things and situations, according to the Stoic, over which man has control and things
and situations over which he has no control. The things under his control are his
attitudes and emotions.

 In contrast to this, he has no control over outside influences or forces in the world.
And since he has no control over external things, he should not worry or bother
about them and allow his contentment or happiness depend upon them.

 If not, he will continually feel disappointed and frustrated. Instead, he should attend
to his inner attitude and feelings. In this way will he become perfectly happy and
content whatever the external world may bring him by means of luck or fate.
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 According to Cicero, we as humans are born with JUSTICE, and that right
is based, not upon men’s opinions, but upon NATURE. Law is ought to be a
reformer of vice and an incentive to virtue.

 That by “LAW” inheres the idea of what is just and true.

 For it is an ancient and natural standard for human laws to inflict punishment upon
the wicked and to defend and protect the good.

 So also did he say as to the comprehension of justice, he maintained that we are so

constituted by Nature as to share the sense of Justice with one another and to pass it
on to all men.

 And as to man’s innate inclination for goodness and kindly disposition, he also
postulated that “all men are bound together by a certain natural feeling of
kindliness and good-will, and also by a partnership in Justice.
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