TELEOLOGICAL Flashcards
“The Philosophical Jurisprudence”; the discourse lies in the realm of metaphysics.
The Teleological Perspective
Premise of the teleological perspective
The law is ordained through precepts of the natural law: justice, fairness, and equity
Seven theories under the teleological perspective
- The Natural Law Theory
- Plato, Aristotle, Socrates
- The Roman Natural Law
- The Thomist Tradition
- The Kantian Categorical Imperative
- Utilitarianism
- Hegelian Dialectics
Three premises of the natural law theory
- The legal order is achieved when the precepts of natural law are followed
- Human nature, in particular, is rational. The law is law as long as it pursues the precepts of reason: reasonableness, justice, equality, and fairness.
- The extent of authority of legal rules is derived from their intrinsic moral merit
The two concepts of Grecian natural law
- Honesty and
- Good faith is the very nature of humanity
Evidence of the Grecian natural law in the Civil Code
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.
Does Socrates think there are inherently bad people?
No. No person is intentionally bad or evil because of his or her [natural] understanding of justice. The natural state is seeking justice
What causes people to do bad as per Socrates?
Morbid physiological appetites.
The goal for Socrates is to become a temperate person. What is a temperate person?
A good, happy, and sound person able to judge whether his or her acts and their consequences would be just or unjust
T/F. Socrates believed that our conceptions of what is just are merely approximations of the
idea of justice in the mind.
False. That was Plato. Rational Justice.
What is rational justice?
Keeping self-respect by doing good and
fulfilling proper functions in the society.
What is the place of law in rational justice?
An instrument of doing justice in the state, used to preserve peace and harmony
T/F. Did Plato believe that justice is sound and sensible when, in light of events and circumstances, it is fair and equal
False. That was Aristotle. Particular Justice.
Volenti Non Fit Injuria
“to which a person assents is not esteemed in law as injury
What was equality for Plato
The Rule of law meaning rendering as nearly as possible to every person what he or she is entitled to
T/F. Did the Greeks use their concept of justice and nature of laws as a political tool?
False. That was the Romans
Cicero’s four ideas idea of law
- Control and empire
- Based on the interest of the ruler
- People follow the law because of their deep-seated desire to avoid undesirable consequences
- Reason and law is inherent to humans
What is prudence
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.
Thomist idea of law
- Law ordained by God
- 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.
- Man-made laws which conflict with these principles are not valid law.
- Unjust law is not a law
Four elements of the Thomist definition of law
- Ordinance of law
- Common good
- Issued by one who cares about the community
- Promulgated
Existence of utilitarianism in PH laws
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
Difference between Consequentialism and Deontology
- C believes that the goodness or badness of an action
- D believes that the goodness or badness of an action depends on a universal moral standard
Three assumptions of Utilitarianism
- Utility– hedonistic calculus
- Conduct is inseparable from consequence
- Justice is the maximization of happiness
Definition of pleasure
Enrichment for the soul
Assumption of Kantian morality
Uphold the categorical duty to respect the dignity of persons
Difference between Kantian and Utili
K assumes people are rational, and not driven purely by pleasures and pains
Autonomy v. Heteronomy
- Autonomy pertains to desires based on a law a person chooses for himself
- Heteronomy pertains to desires based on the dictates of natures
Two critiques on utilitarianism
- Autonomy dictates what we do, not for contingent reasons
- Dignity is an end, not the means
How will Kant react to the Bad Man Model of
Holmes?
- K’s motive is duty. BMM is inclination
- K’s will is autonomous. BMM is heteronomous
- K’s imperative is categorical. BMM is hypothetical
