LEGAL THEORY

(1st Semester, AY 2021-2022)

“As a student of the University of the Philippines, I pledge to act ethically and uphold the value of
honor and excellence.

I understand that suspected misconduct on given assignments/examinations will be reported to the

appropriate office and if established, will result in disciplinary action in accordance with University
rules, policies and procedures. I may work with others only to the extent allowed by the Instructor.”

FINAL EXAMINATIONS
January 24, 2022
Instructions:

1. The final examinations will run from 6 pm to 8 pm. The synchronous portion (objective-type +
bonus questions) will run from 6 pm to 6:45 pm while the asynchronous portion (essay-type)
will run from 6:45 pm to 8 pm.

2. During the synchronous portion, only this Word file should be the running program on your
laptop/device. Your emails should only be accessed before the exam when downloading this
file and after the exam when sending the file.

3. You are required to open your microphone and video during the duration of the synchronous
portion. If there are any problems with your connection, send an SMS (0917-826-2297) or
Viber message to the professor.

4. Similar to the setup for the synchronous portion, only this Word file should be the running
program on your laptop/device. EVEN DURING THE ASYNCHRONOUS PORTION OF
THE EXAMS, THE SETUP WILL STILL BE CLOSED NOTES.

5. All answers to the synchronous and asynchronous portions should be received by the professor
by 6:45 pm and 8 pm, respectively. Any portion not submitted by the time prescribed will not
be entertained. The timestamp per the email, as received, will be followed as basis unless, for
highly meritorious reason, the professor considers otherwise.

6. Please send the documents in PDF format to prof.nadainetongco@gmail.com.

a. File name: Student Number (i.e., 14-xxxxx)
b. Subject of the email: Last name_Finals (i.e., Tongco_Finals).

7. If you finish and submit earlier than 6:45 pm, you may privately message the professor/proctor
in the Zoom chat and quietly leave the Zoom room to begin the asynchronous portion.
OBJECTIVE-TYPE QUESTIONS

1. The term “jurisprudence”, in its literal sense, is the knowledge of or skill in a matter of
law. There are 2 kinds of jurisprudence – the particular (or national) jurisprudence and
the general (or universal) jurisprudence. What are the two subclassifications of general
jurisprudence? Discuss briefly and provide two (2) examples of questions which such
subclassification aims to answer or address. (6 pts)

The two subclassifications of general jurisprudence are: (1) analytical jurisprudence and (2)
normative jurisprudence. Analytical jurisprudence is concerned with the nature and essence of
law. Accordingly, it asks questions such as “what is law?” and “how does law come about?”
On the other hand, normative jurisprudence delves into the foundation of law and the evaluative
theories of law. Ultimately, it inquires into the coercive or obligatory force of law and the law’s
relationship with concepts, such as justice and equity.

2. Define

a. Grundnorm (Basic Norm) (2 pts)

In the hierarchy of legal norms proposed by Kelsen, Grundnorm is the fundamental law
at the topmost rung which lends legitimacy to secondary and primary norms (i.e.,
statutes, ordinances). The legality and validity of grundnorm is necessarily presumed
in order to maintain the legal system.

b. Legal Realism (2 pts)

The theory provides that the approach to law should be interdisciplinary. It posits that
the law should be creatively and liberally applied, taking into account other disciplines
such as history or social science, to enable the law to effectively carry out its social
purpose for the public good. There is also the view that the law is what the judge think
it is when applied to a particular set of facts.
c. “Hard” case (2 pts)

Hard cases are legal controversies where no law or decided case squarely applies. Here,
the judge must fill in the gaps by employing a constructive interpretation guided by
legal principles.

3. What is the theory of law supported by the following legal theorists? Please identify and
discuss their respective thesis and give at least one criticism against their thesis.

a. St. Thomas Aquinas (3 pts)

His theory is called the natural law theory. The main thesis is that law is an ordinance
of reason for the common good, made by him who has care of the community, and
promulgated.

b. John Austin (3 pts)

Austin’s theory is classical legal positivism. The main thesis is that law is the command
of the sovereign, backed by a threat of sanction in the event of non-compliance.
 c. HLA Hart (3 pts)

HLA Hart is the main proponent of the Modern Legal Positivism. Here, law is the union
of primary and secondary rules.

d. Lon Fuller (3 pts) There is an internal morality, constituted by universal procedural

norms, in every legal system. Cannot disregard internal morality.

Fuller’s theory is called the “inner morality of the law.” It provides that all systems of
law contain an "internal/inner morality" that imposes on individuals a presumptive
obligation of obedience; it is constituted by universal and procedural norms.

e. Hans Kelsen (3 pts)

Pure theory of law is a system of coercion imposing norms which are laid down by
human acts in accordance with a constitution the validity of which is pre-supposed if it
is on the whole efficacious.

f. Ronald Dworkin (3 pts)

Dworkin’s Legal constructivism/interpretivism provides that the law is whatever

follows from a constructive interpretation of the institutional history of the legal
system.

4. What are the five (5) goals of a legal system according to Thomas Gray? Discuss. (5 pts)

The five goals are stability, efficiency, justice, predictability, and equity.

5. For Roscoe Pound, (i) what is “mechanical jurisprudence”; and (ii) what is his offered
solution to address the issue of mechanical jurisprudence? (5 pts)

Mechanical jurisprudence is described by Pound as a way of deciding cases by mechanically

deducing legal principles without regard to their effects on society. Roscoe Pound advocated
for an interdisciplinary approach, primarily anchored on the social sciences, using the proposed
methodology of the sociological jurisprudence tradition.

BONUS: You can answer one, some, or all. Right minus wrong but in no case will exceed 0.
a. How is the organization of son of Buddha called (2 pt) Buddhism?

b. Name the two (2) COVID-19 variants of concern (2 pt)

Delta and omicron

c. What is the youngest province in the Philippines – Davao Occidental, Zamboanga Sibugay, or
Dinagat Islands? (2 pt)

Dinagat Islands

GOOD LUCK!