TELEOLOGICAL

Question 1

“The Philosophical Jurisprudence”; the discourse lies in the realm of metaphysics.

Answer 1

The Teleological Perspective

Question 2

Premise of the teleological perspective

Answer 2

The law is ordained through precepts of the natural law: justice, fairness, and equity

Question 3

Seven theories under the teleological perspective

Answer 3

1. The Natural Law Theory
2. Plato, Aristotle, Socrates
3. The Roman Natural Law
4. The Thomist Tradition
5. The Kantian Categorical Imperative
6. Utilitarianism
7. Hegelian Dialectics

Question 4

Three premises of the natural law theory

Answer 4

1. The legal order is achieved when the precepts of natural law are followed
2. Human nature, in particular, is rational. The law is law as long as it pursues the precepts of reason: reasonableness, justice, equality, and fairness.
3. The extent of authority of legal rules is derived from their intrinsic moral merit

Question 5

The two concepts of Grecian natural law

Answer 5

1. Honesty and
2. Good faith is the very nature of humanity

Question 6

Evidence of the Grecian natural law in the Civil Code

Answer 6

Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

Question 7

Does Socrates think there are inherently bad people?

Answer 7

No. No person is intentionally bad or evil because of his or her [natural] understanding of justice. The natural state is seeking justice

Question 8

What causes people to do bad as per Socrates?

Answer 8

Morbid physiological appetites.

Question 9

The goal for Socrates is to become a temperate person. What is a temperate person?

Answer 9

A good, happy, and sound person able to judge whether his or her acts and their consequences would be just or unjust

Question 10

T/F. Socrates believed that our conceptions of what is just are merely approximations of the
idea of justice in the mind.

Answer 10

False. That was Plato. Rational Justice.

Question 11

What is rational justice?

Answer 11

Keeping self-respect by doing good and
fulfilling proper functions in the society.

Question 12

What is the place of law in rational justice?

Answer 12

An instrument of doing justice in the state, used to preserve peace and harmony

Question 13

T/F. Did Plato believe that justice is sound and sensible when, in light of events and circumstances, it is fair and equal

Answer 13

False. That was Aristotle. Particular Justice.

Question 14

Volenti Non Fit Injuria

Answer 14

“to which a person assents is not esteemed in law as injury

Question 15

What was equality for Plato

Answer 15

The Rule of law meaning rendering as nearly as possible to every person what he or she is entitled to

Question 16

T/F. Did the Greeks use their concept of justice and nature of laws as a political tool?

Answer 16

False. That was the Romans

Question 17

Cicero’s four ideas idea of law

Answer 17

1. Control and empire
2. Based on the interest of the ruler
3. People follow the law because of their deep-seated desire to avoid undesirable consequences
4. Reason and law is inherent to humans

Question 18

What is prudence

Answer 18

The ability to regulate and discipline oneself is always compromised by the use of prudence or skill and sagacity in the management of one’s affairs.

Question 19

Thomist idea of law

Answer 19

1. Law ordained by God
2. There are certain principles of true morality or justice, discoverable by human reason without the aid of revelation even though they have a divine origin.
3. Man-made laws which conflict with these principles are not valid law.
4. Unjust law is not a law

Question 20

Four elements of the Thomist definition of law

Answer 20

1. Ordinance of law
2. Common good
3. Issued by one who cares about the community
4. Promulgated

Question 21

Existence of utilitarianism in PH laws

Answer 21

Art. 11 (4), Revised Penal Code:
Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present

Question 22

Difference between Consequentialism and Deontology

Answer 22

1. C believes that the goodness or badness of an action
2. D believes that the goodness or badness of an action depends on a universal moral standard

Question 23

Three assumptions of Utilitarianism

Answer 23

1. Utility– hedonistic calculus
2. Conduct is inseparable from consequence
3. Justice is the maximization of happiness

Question 24

Definition of pleasure

Answer 24

Enrichment for the soul

Question 25

Assumption of Kantian morality

Answer 25

Uphold the categorical duty to respect the dignity of persons

Question 26

Difference between Kantian and Utili

Answer 26

K assumes people are rational, and not driven purely by pleasures and pains

Question 27

Autonomy v. Heteronomy

Answer 27

1. Autonomy pertains to desires based on a law a person chooses for himself
2. Heteronomy pertains to desires based on the dictates of natures

Question 28

Two critiques on utilitarianism

Answer 28

1. Autonomy dictates what we do, not for contingent reasons
2. Dignity is an end, not the means

Question 29

How will Kant react to the Bad Man Model of
Holmes?

Answer 29

1. K’s motive is duty. BMM is inclination
2. K’s will is autonomous. BMM is heteronomous
3. K’s imperative is categorical. BMM is hypothetical