A.

PHILOSPHY

I. What is Law
II. AQUINAS: SCHOLATIC TREATMENT OF
THE NATURAL LAW
Philosophy (from the Greek philos and
Sophia) means the love of wisdom. Then
The universe is governed by Divine
phiosphy of the law: love of wisdom of the law”.
Reason through an eternal law. The eternal law
to humans are called natural law.
Law is an ordinance of reason ordered
While natural law is enough to guide
towards the common good, promulgated by him
man to his natural end, divine law is needed for
who has charge of community:
him to realize his supernatural ends.
1.) reasonable
Under the same God, man has natural
2.) for common good
equality with his fellow man.
3.) promulgated
4.) by legitimate authority
IV. JOHN DWORKIN- ADJUDICATION AND
Features of law which distinguishes
MODEL OF RULES
from custom:
sDworkin postulates that along with
1.) duty to comply
rules, legal systems also contain principles.
2.) external actions or threats
Principles have weight, favoring one result to
3.) individual tasked to enforce the law
another. Ex. One should not be able to profit
from one’s wrong.
I. HERBERT LIONEL HART- CONCEPT OF
LAW AND MORALITY

Law and morality are closely

intertwined.
Law without morality is not law at all.
Human beings not only have legal but
also moral obligations to obey the law.

II. JURGEN HABERMAS: RATIONALITY

AND LAW

The relationship of rationality and Law.

Habermas’ theory of rationality is

based on his confidence “in the ability of people
to make claims, to challenge and to justify them,
which goes on even in the areas of beauty and
rightness – areas where men had reservations
of venturing into.

For Habermas, there is a natural

relation between every utterance and the
existing norms common to the speaker and
hearer, and it is this natural relation which
determines the validity of claims.

Habermas relies in the rationality of

man to settle differences in norms, criteria and
standards. In the justification of his actions,
man cites the norm or norms he follows,
influenced by his history and culture.