Law and Jurisprudence

Question 1

Define Jurisprudence or legal theory

Answer 1

It deals with the general philosophy of law, that is to say the nature and elements of the law.

It is concerned with the theoretical and technical aspects of law as a discipline.

Question 2

Question of the nature of law

Answer 2

It is concerned with its derivation, development and thrust.

Question 3

Question of the elements of the law

Answer 3

It deals with legal concepts which are material to the legal ordering of society.

Question 4

Different schools of jurisprudence

Answer 4

Historical, teleological, positivist, functional, realist, policy science

Question 5

Define Historical School of Jurisprudence

Answer 5

It appraises the law in the context of the common consciousness of a group of people.

Question 6

Define Teleological School of Jurisprudence

Answer 6

It thinks of the nature of the law in terms of the moral and rational nature if humankind.

Question 7

The question that Historical School of Jurisprudence seeks to answer is:

Answer 7

Where did the law come from and how did it evolve?

Question 8

The question that Teleological School of Jurisprudence seeks to answer is:

Answer 8

What is the telos of the law?

Question 9

Define Positivist School of Jurisprudence

Answer 9

It considers the law as a conscious norm of the state backed by its authority and force.

Question 10

The question that Positivist School of Jurisprudence seeks to answer is:

Answer 10

What is the distinctive structure and content of the law?

Question 11

Define Functional School of Jurisprudence

Answer 11

It views the nature of the law in terms of the jural postulates, social interest and national policies of the people.

Question 12

The question that Functional School of Jurisprudence seeks to answer is:

Answer 12

How does the law work in weighing or adjusting the competing individual and public interests?

Question 13

The question that Realist School of Jurisprudence seeks to answer is:

Answer 13

Is the law verifiable in the practical life of the people?

Question 14

Define Realist School of Jurisprudence

Answer 14

It takes the nature if the law on the basis of the on-going experiences and inter-experiences of the people.

Question 15

Define Policy Science School of Jurisprudence

Answer 15

It looks at the nature of the law in relation to the degree of success of society in the creation, clarification, and realization of social values.

Question 16

The question that Policy Science School of Jurisprudence seeks to answer is:

Answer 16

What is the basis and the limits of global, regional and national legal orders and relation to social values?

Question 17

Definition of Law (Lapitan vs. PCSO; Sanchez Roman; Arturo Tolentino)

Answer 17

Law in its specific and concrete sense is a rule of conduct, just, obligatory, formulated by legitimate power for common observance and benefit.

Question 18

Definition of Law (Edgardo Paras)

Answer 18

A reasonable rule of action expressly or directly promulgated by competent authority for the common good, and usually, but not necessarily, imposing a sanction in case of civil disobedience.

Question 19

Definition of Law (Aquinas, Summa Theologica, Q.90, A.4)

Answer 19

The definition of law may be gathered; and it is nothing else than an ordinance of reason for the common good, made by him who has care of the community and promulgated.

Question 20

Definition of Law (Max Weber, Law in Economy and Society)

Answer 20

An order will be called law if it is externally guaranteed by the probability that coercion (physical or psychological), to bring about conformity or avenge violation, and will be applied by staff of people holding themselves especially ready for that purpose.

Question 21

4 Elements in Aquinas’ Definition of Law

Answer 21

1. Ordinance of reason
2. For the common good
3. Promulgated
4. Legitimate Authority

Question 22

Basic Features of Law According to Weber

Answer 22

1. The duty to comply
2. Due to external actions or threats
3. By individuals tasked to enforce the law

Question 23

The Recurring Element

Answer 23

1. Coercion by a legitimate authority
2. You would rather not follow but it is required
3. Fear of material consequences

Question 24

Definition of Law (applicable to other fields)

Answer 24

Any rule of action or order of sequence from which any beings whatsoever either will not, or cannot, or ought not to deviate.

Question 25

Define Rule of Action and give example

Answer 25

It is any warrant, instruction, measure, regulation, or decision governing any act, conduct, transaction, or proceeding, including its consequences. Traffic regulation promulgated in accordance with a city or municipal ordinance.

Question 26

Define Order of Sequence

Answer 26

It is any system of arrangement or consecutiveness, or any uniformity of a given group of phenomena.

Question 27

Difference of Rule of Action and Order of Sequence

Answer 27

A Rule of Action differs from Order of Sequence in that the former is relative while the latter is absolute.

Question 28

Classifications of Rule of Action and Order of Sequence

Answer 28

1. Determine the activities of human being
2. Determine the motions and even the instincts of dumb creature
3. Determine the origin and growth of living organism
4. Determine the movements and courses of inanimate bodies or masses

Question 29

Types of nondeviation

Answer 29

1. will-not
2. cannot
3. ought-not

Question 30

Define Will-not

Answer 30

There is a determination to abide with or avoid violation, the rules of action and orders of sequence.

Question 31

Define Cannot

Answer 31

There is no other way but to obey or comply with the rules of action and orders of sequence, no matter how much the desire to act otherwise may be.

Question 32

Define Ought-not