Jural – refers to sanctioned or enacted law such as statutes, case laws,

normative rules, and precepts.

Non-jural – rules not anchored or premised on human promulgation, such as

divine law, natural law, and physical law.
1. Political Sovereignty - the supreme power to make laws
2. Legal Sovereignty - the sum total of all the influences in a state, legal and
non- legal, which determine the course of law.
Immanuel Kant-Philosophy of law, however, transcends the competence of each
individual juridical science. It considers the essential elements which arecommon
to all juridical systems

Giorgio del Vecchio,- Philosophy of Law “is the course of study which defined
law in its logical universality’

Natural Law
The teleological school of jurisprudence believes that a good legal order
can be deduced from the natural law, thus making the law universally
valid for all people.

Socrates-believed in a higher justice

Plato-The State dominates all human activity and must promote good in any
form.

The Roman excelled the codification of law but the philosophical basis
derived from the Greeks.

Karl Freidrich von Savigny, the concept of the soul and spirit of the
people (diwayan) provides the sense of beginning and unfolding of
thelaw.

Henry Summer Maine- the law is the product of the huge mass of beliefs,
opinions, prejudices, and even superstitions of a people produced by institutions of
human nature reacting one upon another.

The folksoul (diwayan) is composed of several elements, each element a

treasury of the national identity, character and genius of a people.
1. Folklore-beliefs and traditions of a group of people.
2. Folksaying-expressions or announcements of orders and policies
3. Folkway-customs and usages of the people
4. Folksong-musical expressions innate
5. Folkdance-dances indigenous or unique to the people.
6. Folkart

Freidrich Carl von Savigny-the concept of the soul and spirit of the people
(diwayan) provides the sense ofbeginning and unfolding of the law. held that the
law proceeds from the volksgeist.

Sir Henry Summer Maine-legal institutions must be studied historically to be

understood.

G.W.F. Hegel-State is the product of converging historical forces towards an

Absolute Point where freedom will finally be realized.

Distinguish Philosophy of Law from Jurisprudence.

Jurisprudence is the body of principles and practices that underlie a legal system,
particularly as it applies to the work of applying and adjudicating laws (e.g.
lawsuits, legal review, interpretive rules). It is directed to the practice of law.

Philosophy of law is just that, philosophy. It borders up against logic, metaphysics,

ethics, what is right and wrong, what it means to agree with something, what
justice and fairness are. Some would consider that a subset of jurisprudence.

What is the function of Philosophy of Law

Philosophy of law is a branch of philosophy that examines the nature of law and law's
relationship to other systems of norms, especially ethics and political philosophy.

What is the significance of the lawyer's oath?

The lawyer's oath requires lawyers to maintain allegiance to the republic, to
support the Constitution and obey the laws as well as the lawful orders of duly-
constituted authorities

Function of Philosophy of Law

Philosophy of law is a quest of law which appeals to reason to obtain justice.

One function of philosophy therefore is to formulate law that is reasonably

acceptable to the people to whom it is addressed. Philosophy of law therefore is
opposed to tyranny.
The practical function of philosophy is that it teaches and prepares for the positive
recognition of the juridical ideal.