Teleological –views the law in terms of its fulfillment of its purpose

Philosophical jurisprudence – also refer to teleological school because major part is in the realm of metaphysics

Teleological jurisprudence – law is ordained for the fulfillment of righteousness, justice, fairness and equity. (telos)

NATURAL LAW BASIS

Teleological concept is based on natural law philosophy.

There is a very present bond between positive law and natural law.
It is upon the precepts of natural law that lawness, the completeness of the legal order is based.
Legal orders are based on the precepts of natural law. Otherwise, lawlessness is the alternative.

According to teleological perspective, precepts of natural law are not divisions of the law, but it is the perfection of
the law.

It is universally valid for all people at all times .

THE GREEK CONCEPT

Socrates, Plato and Aristotle believed that man has a basic understanding of right and wrong, related to the standard
or measure of the good.

SOCRATES – no man is voluntarily bad or evil and no man intentionally does wrong.
He believed this so much that the judges who sentenced him to poison himself is acting for the good of Athens.

According to SOCRATES, master virtue is knowledge of absolute good. It determines whether the consequence of
human conduct is virtuous (morally good) or vicious (violent and cruel).

PLATO – man is an intelligent being, provided with reason to discern what is right and what is wrong.
Justice enables man to form ideals of human conduct keeping his self-respect by doing good and shunning evil.

ARISTOTLE – advanced the idea of fair and equality as the standard of morality and good faith. Validity of human
conduct is based on what is FAIR AND EQUAL.

Socrates, Plato and Aristotle found the starting point in study of the nature of law in MORAL NATURE and GOOD
FAITH. For these three, precepts of natural law are the “TELOS”(ends/purpose) of the law in order to realize
“LAWNESS” in a politically organized society.

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

A. PLATO’S UNIVERSAL JUSTICE

PLATO: JUSTICE is the universal virtue and the single greatest good; INJUSTICE is the universal vice and the single
greatest evil.

LAW IS AN INSTRUMENT OF SOCIAL CONTROL TO ADMINISTER JUSTICE AND MORALITY. And if this is attained,
“lawness” or the condition of peace and order in the STATE is also achieved.

JUSTICE is synonymous with MORALITY, and INJUSTICE with IMMORALITY.

MORALITY is the health of the soul. IMMORALITY is departure from virtue.
***PLATO’s CONCEPT OF JUSTICE IS IDEAL AND ETHICAL***

According to PLATO an act can only be justified when it meets the totality of virtues.

B. ARISTOTLE’S PARTICULAR JUSTICE

ARISTOTLE BROUGHT THE CONCEPT OF ETHICAL JUSTICE BY PLATO TO HUMAN NATURE.

HUMANS ARE NOT ANGELS AS DEPICTED BY SOCRATES AND PLATO.

Justice is an ingredient in the application of law in the society.

JUSTICE MUST BE UNDERSTOOD IN THE SENSE OF WHAT IS FAIR AND EQUAL.
PROPORTIONAL JUSTICE – man receives what he is entitled to, based on his achievements
NUMERICAL JUSTICE – each man is counted for one and only one.

According to ARISTOTLE, an act is justified if it is done with fair equality.

JUSTICE IS ONLY A PARTICULAR VIRTUE, CHARACTERIZED BY FAIRNESS AND EQUITY.
Rodriguez v. Tan
Tan the defendant is a candidate for Senator, and was proclaimed by the COMELEC and took oath of office
and discharged the duties of Senator.
The Supreme Court ruled that Tan cannot be required to reimburse the salaries and emoluments he received
during his incumbency to the plaintiff Rodriguez who was later declared legally elected. SC concluded that
emoluments must go to the person who rendered service. THIS IS PARTICULAR JUSTICE, FAIR AND EQUAL, according
to the SC.

Particular justice is found in the concept of fair equality.

C. LAW AS THE PRODUCT OF REASON RELATED TO JUSTICE AND EQUITY

The final purpose of anything is its TRUE NATURE. In the concept of man, his TRUE NATURE is that he is a rational
free-willing being. MAN’S GOVERNING RULE OR PRINCIPLE IS THE ORDER OF REASON.

ROMAN CONCEPT

A. CICERO – prudence and justice

According to CICERO, compulsion is an essential element of the law. MAN COMPLIES WITH HIS DUTIES BECAUSE OF
HIS DESIRE TO AVOID CONSQUENCES OR SANCTIONS FOR NON PERFORMANCE OF HIS OBLIGATIONS.

Man is born for the virtue of justice, and is endowed with intelligence to act properly to mandates and prohibitions
without harming others.

JUSTICE IS DEPENDENT ON THE CIRCUMSTANCES OF TIME, PLACE, UTILITY AND EVEN GOVERNMENT.

UNITED STATES v. Holmes

Holmes was a seaman and the vessel which he was on was shipwrecked after hitting an ice berg. Two
lifeboats were available and one of it is leaky. Several people jumped, holding twice as much as its capacity. While it
was about to be cast away, Holmes risked his life to rescue a girl left behind by her mother. Because of the leaks, the
boat began to sank, and since no one dared to jump overboard, an officer ordered the crew to throw male passengers
overboard. Holmes and the others followed the order on 2nd time. Several were thrown overboard and the boat
stayed afloat, and was eventually rescued. HOLMES was tried for manslaughter. He must have protected the life of
the passengers and it is in their discretion who must die. Justice have compelled him to disregard the law of necessity
and self preservation for he was bound to protect the passengers in view of the fact that it was his job. He proved it
when he rescued a little girl, but he became wicked for in such a predicament, no one can save himself by killing
another.

A TRULY JUST MAN IS ONE WHO KEEPS HIS PEACE OF MIND AND IS THUS FREE FROM FEAR AND ANXIETY OR SHOULD HE
DIE OR LOSE HIS PROPERTY, PRESERVES THE ETERNAL RESPECT AND GRATITUDE OF HIS FELLOW MEN.

B. GAIUS – laws are perennial

According to Gaius, some rules are perennial because they are based on natural law, and others are not since they are
only perversion of its postulates.
Perennial ones only comprise the law. If those which are not are maintained, then it is because of its sanctions
attached to the rules and not because they are law.
GAIUS advocated that rules of law which are harmful and useless be continuously removed.
The law must be reexamined by lawmaking bodies from time to time. This adjusts any abnormality in the legal
order to comply with the purpose of the law.

THE AQUINIAN CONCEPT

ST. THOMAS AQUINAS – the law is an institution ordained by GOD.

The loyalty of the people to the legal order is in accordance with the will of GOD, considering the Church as
the final arbiter.

The doctrines of RIGHT and JUSTICE advanced by Plato and Aristotle were blended with the basic principles and
teachings of Christianity as interpreted by the Church.

ST. THOMAS AQUINAS AGREED THAT MAN IS RATIONAL and HAS A NUTRITIVE SOUL.
MEN’S SENSATION MAY WARP HIS RATIONAL SOUL.
**THE SENSITIVE FUNCTIONS IS THE SYMBOL OF MAN’S CORRUPTION AND HE CAN ONLY HOPE FOR SALVATION BY
DIVINE ILLUMINATION OR THROUGH THE GRACE OF GOD.
REASON INFLUENCED BY SENSATION IS NOT SUFFICIENT TO BRING A MAN TO A CORRECT UNDERSTANDING OF WHAT
IS RIGHT AND JUST.
MAN IS FULL OF PREJUDICE EVEN WHEN HE CLAIMS TO ACT RATIONALLY HE IS FREQUENTLY GUILTY OF IRRATIONAL
BIAS.
ST THOMAS AQUINAS INTRODUCED A COMBINATION OF RIGHT REASON ON ONE HAND, JUSTICE AND EQUITY ON THE
OTHER HAND.

RIGHT REASON – is the governing rule of human conduct

A. JUSTICE
Two aspects of justice; Justice as:
Ethical virtue – according to St. Thomas Aquinas, justice is innate in every person
Juristic norm – St. Thomas Aquinas considered justice as a habit of giving everyone his due by perpetual will.

THE WORD “DUE” is VAST.

The best application of SECULAR/JURISTIC NORM in the judicial process is attained when a court fulfilled 3 conditions:
1. Judgment must come from a person with authority (the judge must have jurisdiction over the parties)
2. It must come from a person with propensity for justice (when there is doubt, resolve conflict in favor of
accused)
3. It must conform with the right judgment (honestly pronounced according to law)

B. LAW AND SOVEREIGNTY

**Happiness and good of the people should be the first and foremost concern of the law.**
**The law is ordained for the sake of “lawness” or the common good and happiness.**

According to ST. THOMAS AQUINAS, the authority to determine the content of legal precepts emanates
from people.

CASE OF Yick Wo v Hopkins

Sovereignty itself is not subject to law, because it is the source and authority of law.
While sovereign powers are delegated to the agencies of government, sovereignty remains with the people.

C. DISTINCTION AS TO IMMUTABILITY OF LAW

According to Romans and Greek Philosophers, law pervaded with justice and equity is immutable and inflexible.
However, ST. THOMAS AQUINAS believed that changes occur in subsequent applications of law.
Applications of first principles cannot obviously be done in the same way at all times, because of varying
experiences. Norms are unchangeable but specific legal rules are not.

CHANGES MAY BE: EXTENSION OR CONTRACTION

EXAMPLES:
Concept of Ownership, Freedom of Expression

Institutions of private property and slavery were developed for the good of social life. But as time went by,
institutions of private property continued to exist while slavery is eradicated as a social evil.

Original universal law of freedom of expression has been diminished considerably. It has been limited by prohibitions
of abuses of expression which the legal order may validly prohibit or restrain.

THE KANTIAN CONCEPT

Transcendental philosophy – ideas and concept formed by the mind which exists independently of sense and
experience. For KANT THERE IS “PRIORI” KNOWLEDGE

A. METALEGAL BASIS OF LEGAL ORDER

ETHICAL OR MORAL IDEAL INFLUENCES THE LEGAL PROCESS.

B. HUMAN CONSCIOUSNESS AND CONDUCT

1. Principle of Right

According to Kant, justice is the feeling to do right and act properly. He believed that the feeling to do right is
supported by the faculties of human consciousness: THINKING, VOLITION and FEELING.

It is the righteous man that can attain freedom from the arbitrary power of his senses.
An act is just if it is done in accordance with the universal principle of right.
 2. Categorical Imperative
Categorical Imperative states that a person living in society must act in a way that the cause of his conduct could
be made a general conduct or action.

C. THE SENSE OF STRIVING FOR RIGHTEOUSNESS

D. GOLDEN RULE

THE UTILITY SUPPLEMENT

Utilitarianism – classic example of impact of modern social development on teleological jurisprudence

**Pain appears to be the essence of life and pleasure is temporary release from pain**

UTILITARIANISM – what is useful is good, and the determining factor of right conduct is its usefulness for the greatest
happiness of the greatest number

GOVERNING PRINCIPLE IN THE LEGAL ORDERING OF SOCIETY SHOULD BE THE USEFULNESS OF AN ACT OR RULE AS
WELL AS ITS CONSEQUENCES ON THE GREATEST HAPPINESS OF THE GREATEST NUMBER.

STAGES IN THE POSTULATION OF THE UTILITARIAN PRINCIPLE

2 DISTINCT STAGES IN DEVELOPMENT OF THE UTILITARIAN SUPPLEMENT OF TELEO VIEW OF NATURE OF LAW

1. Benthamite Concept
Law was evaluated in terms of its protection of individual interest. Even if the individual is a part of a
politically organized society, there is still the element of individuality. In constitutional science, this refers to
the rights and privileges not surrendered to the State.
NATURE BASIS
BASIS OF UTILITARIAN SUPPLEMENT
a. NATURE HAS PLACED MAN UNDER A REGIME OF PLEASURE AND PAIN.
b. EVERY CONDUCT IS DONE FOR SOME GOOD (PLEASURE) OR TO PREVENT EVIL (PAIN).

MEASURE OF UTILITY
PLEASURE OF PYSICAL SENSES:
1. Pleasure of wealth – material possessions
2. Pleasure of amity – good will of a particular person
3. Pleasure of reputation – goodwill of the society about him
4. Pleasure of power- ability to order people
5. Pleasure of piety – good will of God in this life or thereafter
6. Pleasure of benevolence – charity and human sympathy
7. Pleasure of malevolence – ill will, malice on those who become objects of malevolence
8. Pleasure of memory – recollection of pleasurable experiences
9. Pleasure of imagination – consideration of pleasure in the past present and future
10. Pleasure of expectation – consideration of sentiment of belief
11. Pleasure dependent on association- pleasurable associations
12. Pleasure of relief – cessation of pain
PAIN HUMAN NATURE IS SUSCEPTIBLE
1. Pain of privation- refer to pains resulting from failure to possess pleasures
2. Pain of senses – disagreeable sensations
3. Pain of awkwardness – want of skill or finesse
4. Pain of enmity- refer to the pain resulting from non-possession of goodwill
5. Pain of bad reputation – non possession of goodwill from society
6. Pain of piety- non-possession of goodwill from God
7. Pain of benevolence – results from the thought that someone who happens to be the object of one’s
sympathy enduring pain
8. Pain of malevolence – resulting from the thought that someone who happens to be the object of one’s
antipathy is enjoying pleasure
9. Pain of memory – remembering painful experience
10. Pain of imagination – consideration of pain in the past present or future
11. Pain of expectation – the contemplation of pain accompanied by sentiment of belief
12. Pain dependent on association – resulting from association with certain objects or incidents that are painful

2 ways of measuring utility of an act and its consequences

1. CIRCUMSTANCES OR FACTORS
 a. Extensity – number of persons affected
1. Endemic – individuals, 2. – Epidemic – larger number of individuals in a community, 3.
Pandemic – spreads out to the entire community
b. Intensity – the degree of the effect
c. Duration – the time the pleasure or pain lasts
d. Certainty or uncertainty
e. Propinquity
f. Fecundity – tendency to produce pain or pleasure
g. Purity – tendency not to produce pain or please

2. PERSONAL OR INDIVIDUAL DIFFERENCES – factors very significant in the legal rules concerning justifying,
exempting, mitigating and aggravating circumstances in criminal law, legal rules concerning acts or conducts
producing grounds for damages, prevention and other reliefs in civil law
a. Temperament
b. Health
c. Strength
d. Physical defect
e. Relationship
f. Education
g. Physical condition
h. Mental condition
i. Sex
j. Age
k. Rank
l. Occupation
m. Trade
n. Profession
o. Religion
p. Honor
q. Sympathies
r. Antipathies
s. Ethnic group
t. Inclination
PAIN AND PLEASURE VARIES FROM PERSON TO PERSON

APPLICATION IN THE LEGAL ORDER

 The calculus of pleasures (justice) and pains (injustice) should be applied for the accumulation of surplus pleasure or
justice over pain or injustice.
 That which tends to the happiness of the greatest number has the quality of the good.
 GOOD refers to that which causes the happiness, while BAD refer to that which causes misery.
 For Bentham the test of goodness or badness of an act is the quantum of happiness or justice (pleasure) or misery
or injustice (pain) that it yields.
 For BENTHAM Law is a means to direct and govern man to the maximum of happiness and minimum of misery.
 BENTHAM specified the ends of the LAW as to provide liberty, encourage equality and to maintain peace and
security, by pursuit of pleasure and avoidance of pain.

JHERENIAN CONCEPT
 The answer to the problem of the nature of law is to be found in the social purposes which legal rules should
really serve.
 HE EMPHASIZED THE POINT THAT AN INDIVIDUAL CANNOT BE MORE IMPORTANT THAN THE ENTIRE SOCIAL
GROUP.
 THE SOCIETY IN WHICN AN INDIVIDUAL IS A UNIT HAS ITS OWN WANTS, CLAIMS and DEMANDS.
 The validity of human acts should be measured in terms of fulfillment of the conditions of social life.
 An ACT is GOOD when it takes consideration of the interest of the society and tends to augment the
happiness of the entire community.

PURPOSE
MECHANICAL LEVER – SOCIETY ITSELF ACTS IN ORDER TO SUBDUE THE INDIVIDUAL’S CONDUCT
EXAMPLE: A PERSON IS SENT TO PRISON TO PREVENT HIM FROM MORE CRIMINAL ACTS
PSYCHOLOGICAL- pressure EXERTED BY SOCIETY BUT THE BREAKING OF THE CONDUCT IS DONE BY THE PERSON
HIMSELF
GRECO-ROMAN-AQUINIAN VIEW POINT
 Right reason in relation to justice and equity is the essential attribute of law. The law is binding because it
conforms to NATURAL LAW.

UTILITARIAN VIEW POINT

 The greatest happiness for the greatest number, in terms of individual and social interests is the essential
attribute of the law. The law is binding because it is USEFUL.

MODERN TELEOLOGICAL VIEWPOINT

 Free-willing individual living in a changing society is the essential attribute of the law. The law is binding because
it is RATIONAL.