NAME: MARYCRIS BIA E.

AMPONG
YEAR & SECTION: JD-1, A
SUBJECT: PHILOSOPHY OF LAW

CLASSWORK NO. 2

Define the following LEGAL THEORIES comprehensively and give your personal insights as well.

1. Natural/Theological Theory

It is commonly referred to as Natural Law Theory or Theological Legal Theory

and it is a significant concept in legal philosophy. It seeks both to give an account of
the facticity of law and to answer questions that remain central to understanding law.
This theory asserts that the foundations of law are rooted in a higher, transcendent
source of morality or divine law. It suggests that legal principles should align with this
higher moral authority, which can be rooted in religious beliefs or philosophical
concepts of universal morality. The main elements of this theory include the belief in
divine or moral authority, the existence of objective moral principles inherent in
humanity and the world, the role of human reason in discerning these principles, the
requirement for legal norms to be based on these moral principles, and the use of this
framework for conflict resolution and decision-making in law. Historically influential, it
has been associated with thinkers like Thomas Aquinas and Aristotle. Nevertheless,
there are various interpretations of the natural law theory in modern legal philosophy,
and not all legal scholars agree on its application or importance; some prefer
alternative legal theories like positivism or legal realism.

In my insight, natural law is ambiguous, its rules do not change and are
inherently assigned to everyone. It does not consider the possibility that various
individuals or civilizations may have different perspectives on the world because it
presumes universalizing laws. For instance, the outcomes will vary if various people
have different definitions of what is fair or just.

2. Historical Theory

The Historical Theory of Law, often referred to as historical jurisprudence, is a

legal and philosophical perspective that asserts the foundational principles of law
should be derived from the customs, traditions, and historical evolution of a society.
This theory contends that law should not simply emerge from legislative decrees or
the dictates of authorities; rather, it should naturally evolve from the historical
experiences and practices of a community. At its core, the theory emphasizes the

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 significance of customary norms and values that have developed over time as the
bedrock of a society's legal system. It advocates for an organic growth of the law,
adapting gradually to changing societal needs and values rather than abrupt, imposed
changes. The Historical Theory of Law is closely associated with the common law
tradition, where judicial decisions and precedents play a pivotal role in shaping legal
principles based on historical practices.

The above theory offers an insight that a society's historical practices and
traditions are inextricably bound to the development of its legal systems. It asserts
that legislation shouldn't be divorced from history but rather should change naturally
as society changes. This view respects our cumulative knowledge and the influence of
earlier judgments on the creation of laws. However, it also helps us consider the
drawbacks of being excessively rooted in history, as doing so can prevent the law from
altering to address contemporary issues. The fundamental goal is to strike a balance
between maintaining customs and enacting significant legal reforms as the demands
of society dictate.

3. Positivist Theory

Positivism, often called "the command theory," is a legal perspective that

prioritizes the authority of the State or accepted social norms as the foundation of law.
It stresses the importance of following explicit legal rules and expressions of legal
statutes, epitomized by the adage "dura lex, sed lex" (the law is hard, but that is the
law) and "quod principi placuit legis habet vigorem" (whatever pleases the prince has
the force of law). As Jose Rizal eloquently stated in his essay "The Philippines: A
Century Hence: "Law has no skin, reason has no nostrils.",” even if they seem harsh,
and rejects the idea that law is based on natural or divine principles. Instead, it sees
law as the result of human agreements or conventions, with its validity resting solely
on procedural correctness. Positivism is categorized as "analytic jurisprudence,"
focusing on understanding law for "what it is." It firmly opposes blending moral
judgments with legal analysis and insists that legal arguments must be based solely on
the existing law itself. This strict adherence to the letter of the law remains crucial until
officially changed, regardless of perceived moral or practical issues.

The insight drawn from the definition of positivism in legal theory highlights its
rigid adherence to established laws and social conventions as the foundation of legal
systems. It emphasizes how crucial it is to keep moral and ethical principles separate
from the law to pursue legal consistency and clarity. This strategy offers predictability
and stability in the legal system, but it also makes us think about the potential
drawbacks of a legal system that can support unjust or outdated rules only because
they follow established procedures.

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 4. Functional/Sociological Theory

Functional /sociological theory in the realm of law delve into the examination
of how the legal system functions within a given society. This theory emphasizes the
broader societal implications and consequences of legal operations, including the role
in fulfilling the societal ideals and goals set by that society. Moreover, it scrutinizes the
intricate web of cause-and-effect relationships that emerge from legal actions and
decisions, shedding light on how these dynamics shape and influence the overall fabric
of the society in question. Essentially, this theory provides a framework for
comprehending the multifaceted ways in which law intersects with and impacts the
social order.

These theory gives me an insight on how the rule of law is not merely a set of
rules but a significant component of how our society functions. It demonstrates how
the rule of law impacts our morals and communal behavior. It involves more than just
abiding by the law; it involves how those laws affect our community; it shows how
events in the legal sector might sometimes unexpectedly trigger consequences in our
society. Consequently, this theory aids on understanding that law is more than just a
written document; it is a strong force that influences our lives and how we live in.

5. Realist Theory

It is a jurisprudential philosophy that advocates for a naturalistic approach to

law, emphasizing empirical evidence over metaphysical inquiry. It contends that
jurisprudence should emulate the methodologies of natural sciences, relying on
empirical testing of assumptions. Legal realism asserts that the law cannot be divorced
from its practical application and insists on the importance of recognizing the complex
considerations that shape judicial decision-making. Rather than dwelling in abstract
domains with universal values, legal realism posits that the law is inseparable from
human behavior, particularly the actions of judges, as underscored by Karl Llewellyn's
assertion that "judges are men; they have human histories as men." Therefore, it
prioritizes understanding the law as it operates, turning to comprehensions from the
social sciences to understand the intricate human relationships and behaviors that
lead to specific legal outcomes.

Legal realism gives me an insight that the law is not constant but deeply
connected with society. It highlights judicial discretion, the influence of personal
prejudices, and the practical, instrumental nature of law. This perspective encourages
a more realistic and nuanced understanding of how legal decisions are made and their
impact on society, emphasizing the need to consider the wider context in legal
analysis.

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 6. Policy Science Theory

Policy Science Theory examines the connections between laws and regulations
and the objectives of national and local governments. It looks at how laws are
developed to address issues and how they impact societal norms. It's comparable to
considering legislation as instruments for improving how policies are carried out.
Additionally, it examines the process by which lawmakers draft these laws and
determines if they actually aid in the implementation of the goals they set for them.
This idea considers how judges' and courts' decisions help to shape policies. In the end,
it examines whether laws are just and in line with what society desires. In plain terms,
Policy Science Theory enables us to comprehend how laws and policies interact and
impact our daily lives.

I find that the perspective offered by the policy science theory on the
relationship between laws and policies to be quite intriguing. It's like a glass that
enables us to see how laws are not merely impractical regulations, but rather useful
tools for addressing the issues we confront daily. It increases my appreciation for how
far-reaching the effects of judicial judgments are on our daily life. This theory also
clarifies the part that courts play in forming public policy and makes me think about
how important ethics are to both the rule of law and the formulation of public policy.

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