Moral Law 3. Moral Law and Other Disciplines - Ethical in foundation - Not concerned with religious faith 4.

Moral and Social Norms - An acceptable convention or customary practice acceptable to all forms of society. Physical Law 1. Nature and Attributes - Orders of sequence and uniform relations between things and objects in the operation of the physical world. 1st Imperative fixed and unbreakable 2nd Regularity 2. Discovered Norms - Discoveries of people in authority explaining the phenomena happening in Physical Law Physical Law 3. Discovered Norms Generalized description of Physical Laws as accepted by society 4. Distinguished from Jural Law - Mathematical in Nature 5. Distinguished from Divine Law - Not concerned with religious faith, but rather the operation of things in the physical world The Historical Perspective in Law 1. Historical Perspective as Starting Point A basis for the evaluation of the legal development in legal history. 2. Historical Element in Law Due to conflict of wants some form of social order evolved, this established social order through recurring decisions and adjustments of conflicts of interest. The Historical Perspective in Law 3. Scope - Limited - Not universal in scope, only national in scope. 4. Nature of Law 4.1The Oblutiacs of the People 4.2 The Folk Soul 1. Folklore

2. Folksaying 3. Folkway 4. Folksong 5. Folkdance 6. FolkArt Folklore Lore - Beliefs and Traditions ; Learning of the people Ex. Epic Tales, Parables, Riddles Folksaying - Opinions of the people rather than mere impressions. Expressions and policies which members follow. Ex. Maxims and Sentiments FOLKWAYS Kaugalian Provided the first sources of the law Solved problems involving peace and order in the community FOLKWAYS Ligaw-tingin (courtship-by-looking) Pagmamagulang (parenthood) Lupon Sanggunian Maybahay Bigay-kaya Panghimuyat Bigaysuso Takluban Bigaypayo FOLKSONG Reflects the musical expressions innate to people May be sung in different ways due to local coloring or accent Are sometimes chanted or recited Awit, Kundiman, Tagumpay, Himig FOLKDANCE Rhythmic and patterned succession of bodily movements with their own distinctive meaning and significance Dances that are indigenous or unique to the people Performed to folk music either singly or in company with others

FOLKDANCE Significance or translation attached For happy and grim or difficult occasions Full of vital folk quality Related to or connected with those which have to do with rituals, festivals, ceremonies or simple frolics Dedicated to peoples reverence and awe Ceremonies, celebrations, deital assistance FOLKART Includes skills peculiar to a group of people applied to the creation or fabrication of objects of arts or objects of utility Reflected the art of the people Carved figures and painted or embroidered designs in their fabrics, plates, spoons, bowls, knives, bolos and musical instruments Flourishes only when there are plenty of materials that can be applied FOLKART Jusi and pina Sari manok design LIFE OF THE LAW Diwayan or Folksoul - Governed the conduct of the people before the establishment of the law and the government Kautusan or Volkrecht Storied and documented being the revelation and development of the national spirit for law, there is no absolute cessation The law is subject to the same changes that happen to other aspects of the life of the people. BASIC POINTS OF HISTORICAL JURISPRUDENCE The state is regarded as the highest expression or personification of the law The law is found and not deliberately made STATE AND FOLKSOUL State the invisible personality of the people originating in the people, through the people and for the people Highest expression of the folksoul

Highest national structure erected by the socio-political development of the people The law embodies the social and political progress of the people First relationship that existed among the people was a personal one. (Family and clan) Communal type; alliances for certain purposes Large scale territorial relationship Peace and Order 1st Stage - Simple methods or techniques; Direct appeal of the Head of the family or clan 2nd Stage Representatives directly chosen by the members of the community to form a more compact unit for legal order 3rd Stage Reins of the government are practiced by a professional group in the community LAW NOT DELIBERATELY MADE Law is not deliberately made by the effort of human will but is discovered in the common consciousness of the people. The growth of the law is an evolutionary process. The growth of a legal system is closely related to the growth and development of a people The Law is the product of the national genius or common consciousness,developed by the steady growth and development of the people themselves Jurisprudents and jurists specialists that become the agency or the instrumentality of the people in the articulation and communication of the law Engaged in the formulations of the technical legal precepts, legal rules, legal principles, legal concepts and legal standards SIMILARITY OF DIFFERENT LEGAL ORDERS Affected by political, commercial, religious and other types of contacts with other groups of people Outside contacts explain that some aspects of a foreign legal system is inconsistent with the oblutiacs of the Filipino people Justice and Fairness No one can enrich himself at the expense and misery of another. VALUE OF HISTORICAL PERSPECTIVE

Legal research is to become oriented to the soul and spirit of the people. Rules and regulations governing human conduct can better survive the tensions of social and political existence if and when they are in accordance with the kindred consciousness and convictions of the people Article 10, Civil Code Presumption that the lawmaking body intended right and justice to prevail Jural expression of the profound sense of and love for righteousness and justice of the people Ilubong at dagnan man ang katwiran ay pilit itong lulutang. Article 19-36, Civil Code Filipino folkways concerning human relations Basic principles that are to be observed for the rightful relationship between human beings and for the stability of the social order Indicative of certain norms that spring from the fountain of good conscience The Teleological Perspective Labels Philosophical Jurisprudence - Label used to identify the thinking and method of the Teleological juristic school. - Major part of its discourse lies in the realm of METAPHYSICS - Fundamental Point of View: Law is ordained for the achievement of the precepts of the natural law - Achievement or realization of these precepts is the telos or end of the law Natural Law Basis Teleogical concept of law is based on the natural law philosophy There is a very preset bond or relationship existing between positive law and natural law Through the precepts of natural law that the completeness of the legal order can be achieved Believes that a good legal order can be deduced from the natural law thus making the law universally valid for all people

The Greek Concept Philosophers felt the need for an unassailable starting point in the study of the nature of the law. Socrates, Plato and Aristotle believed that good faith in dealing with one another is the condition of life in society. Human beings have the basic idea of the precepts of the natural law which enables them to distinguish right from wrong Plato what is important in human relations is the observance of honesty and good faith 3 philosophers found their unassailable starting point = moral nature and good faith of human beings Absolute Justice 2 principal considerations No persons is intentionally bad or evil because of his/her understanding of justice - The failure to do what is just and about what is just and avoid what is unjust is due to morbid psychological appetites, mistakes, or even bad company - Only temperate persons know himself/herself thus able to bring his/her emotions under control Distinction between absolute knowledge of justice (episteme) and mere opinion of justice (doxa) With regard to Opinion of Justice Temperate person doing what is virtuous and just Temperate person doing what ought and avoid what ougt not Temperate person act properly. Patiently enduring what is necessary Rational Justice One of the Fundamental Points of Plato There is a hierarchy of Reality: dividing line between ideal reality and physical reality Different sort of reality is concerned with other entities that yield to power of abstraction of the human mind Ideas all objects and activities yielding to the physical sense are only representations of, or named after certain ideas Joseph Drake The reality or idea of justice exists in the mind.

 Plato concept of justice yielding to the rational mind Human beings are capable of discerning justice from injustice even in their minds Rational justice is sufficient to enable human beings to attain their moral nature Rational justice dictates that every individual in the state should attend to his/her own function Rational justice preservation of peace and harmony and the prevention of disturbance Particular Justice Aristotle sound sense view of justice so that the good life can be within the reach of human beings Concept of justice = justice which grows out of the sense of fair equality Justice is sound and sensible when it is fair and equal. A person cannot be unfairly/unequally treated even with her/his consent, for even consent cannot justify an unfair/unequal treatment Justice is a particular virtue not a universal ingredient in the of application of law in society The rigidity of the administration of justice should be tempered with fair equality Each person receives what s/he is entitled to on the basis of ability and achievement Justice is no longer absolute rectitude but a distinctively particular value characterized by fair equality Law as a product of Reason related to Justice and Equality Greek Philosophers problem of the nature of a thing is solved by analyzing its effective development Condition of actual fulfilment or complete realization Human beings have a nutritive soul (primitive state) but also a rational soul (fulfilled reality)

In case of law, its fulfilled reality is ound in the achievement of the precepts of the natural law in legal order. The Roman Concept 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. Introduced compulsion as an element of the law Law cannot be an effective means of social control on the basis of rationality alone but must also compel obedience Individuals fulfil their promises and comply with their obligations due to their deep seated desire to avoid undesirable consequences. Law is the natural force that effectively controls society, and its natural function is to summon the people to obey it by means of commands and prohibitions. Gift of reason = gift of law and vice versa Force of justice is so great that not even those who live by wrongdoing/crime can manage to exist without some share of justice A person cannot violate his own sense of violence Justice the sentiment which maintains good human relations by means of fairness and equality An act may be against a legal rule but it may still be just. Truly just persons are those who keep their peace of mind and are free from fear and anxiety. Gaius Rules established by the citizens to govern themselves fall under the jus civile Rues common to all under the just naturale Those that are in derogation of the precepts of the natural law are not laws at all. Advocated for the continuing process of removing unnatural laws from the books.