John Rawls (A Theory of Justice, 1971)

- Justice is the first virtue of social institutions.

- Justice as similar to truths.

Rodell (Woe Unto You, 1940)

- It is the lawyers who run our civilization for us – our governments, our business, our
private lives. Most presidents, governors, commissioners, along with theirs advisers and
brain-trusters are lawyers; they administer our laws. There is no separation of powers
where the lawyers are concerned.

Mario Puzo (The Godfather, 1969)

- A lawyer with his briefcase can steal more than a hundred men with guns.

Theories of Law
- What is law?
- What is the nature of the law?
- Are there standards, elements, considerations before we call a thing a law?
- Is it the same as a guide? Ordinance? Rule?
- Major Theories of Law:
- Natural Law Theory (Overlap Thesis)
- Can morality be separated from law?
- The natural law theory vs/ legal positivism debate.
- Traditional
- Validity of man-made laws is tested on the basis of some “higher
laws”, such as reason, morality, divine law or common good.
- Atty.’s Example: A property may be taken without just
compensation if the property bring more harm to the common
good. (2) What justifies the adultery for wives? Divine law or the
ten commandments.
- Own Example: The good samaritan law in the Philippines is
governed by the higher law which is for the common good.
- Modern/Internal Morality
- Validity of man-made laws is tested on the basis of some “internal
morality”. Natural law theorists test the validity by finding it in the
law itself.
- Marcus Tullius Cicero (Republic, 106 BC-43 BC)
- True law is right reason in agreement with nature; is it of universal
application, unchanging and everlasting; it is a sin to try to alter
this law nor is it allowable to attempt to repel any part of it, and it is
impossible to abolish it entirely. Protection of property and
humans.
- St. Thomas Aquinas (1225-1274)
 - Every human law has just so much of the nature of law, as it is
derived from the nature of law. If it deflects, it is already a
perversion.
- Natural law is the God given ability to naturally know what
is right and wrong.
- Positive laws that are just, have the power of binding in
conscience.
- A just law is one that is consistent with natural law, that is, is it
ordered to the common good.
- Overlap Thesis
- Ronald Dworkin (Law’s Empire, 1986 & Taking Rights Seriously, 1978)
- Laws include not just the norms found in treaties, customs,
constitution, statutes, and cases, but also moral principles that
provide the best justification for the norms found there.
- Things justified by moral principles are socially constructed but the
justifications (arguments) themselves are not.
- Legal claims are interpretative judgments and therefore combine
backward-and-forward-looking elements.
- Known for the terms constructivism and interpretitism.
- When the judge applies the law, it is appropriate for the judge to
do so.
- The court decided not because of the letter of the law but the spirit
of the law.
- Case study:
- Digos was originally a municipality and the three term rule
existed at that time. The mayor was about to end in his
term when Digos became a city and thus, a new position is
open. The mayor applied for candidacy but there was a
debate whether to accept it because of the three term rule.
The law was silent and so if we apply the spirit of the law,
he should not be allowed to run again because the law was
intended for politicians to not be allowed to run for more
than three terms to avoid monopolisation of the same
person.
- Case Study:
- Obergefell Vs. Hodges (US Supreme Court, 2015 & Loving Vs.
Virginia)
- James had a partner named Arthur. Travelled from Ohio to
Maryland, where same sex marriage is allowed. When
Arthur died, James wanted the State of Ohio to recognize
him as the surviving spouse of Arthur. In the end, the
Supreme Court's decision in Obergefell v. Hodges
legalized same-sex marriage, with the majority opinion
focusing on principles of dignity, liberty, and equality. While
 the decision was framed in constitutional and legal terms, it
also touched on broader philosophical and moral
considerations that align with aspects of natural law theory,
particularly the recognition of fundamental human rights
and the pursuit of the common good.
- The Hart-Fuller Debate
- The Nazi Informer Case
- Should law and morality be mutually exclusive or
intertwined?
- Involved a cheating wife who had a soldier husband. After
one evening where her wife complained of how Hitler ran
the government, she immediately reported it to court. At
that time there was a law that executed anyone who said
derrigatory statements to the government. However, the
husband was only sent to jail. Suddenly there was a
change in regime, and so the judge and the wife were
persecuted for unlawful or arbitrary of deprivation of liberty
of the husband. Because the law that sent the husband to
jail was not legitimate, the judge was acquitted.
- From the lens of a positivist, a law is a law if it is handed
down by sovereignty.
- From the lens of natural law, it should be for the common
good.
- Legal Positivism (Separability Thesis)
- Two Basic Principles
- Law is a social fact or convention.
- There is no necessary connection between law and morality.
- Separability Thesis
- Moral standards are irrelevant. Focus on what the law is and not on what
the law is ought to be.
- Case Study:
- Maserim was sent to court due to electrofishing. However the law
only stated that only the use of toxic substance is illegal. The
lawyer argued that electricity is not a substance thus prompting
the judges to acquit Maserim.
- John Austin (Command Theory of Law)
- Father of Legal Positivism
- The existence of law is one thing; its merit or demerit is another. A
law which actually exists, is a law, though we happen to dislike it,
or though it vary from the text, by which we regulate our
approbation and disapprobation.
- H.L.A. Hart
- Anything in the law is there because some person or group put it
there, intentionally or accidentally.
 - Some of our laws have good or bad justifications, and justifications
do not anyway suffice to make law. (The Concept of Law, 1961)
- Whether its a good or bad law, it does not matter as long as it is
posited or fixed.
- Hans Kelsen (Pure Theory of Law, 1967)
- While laws were posited, there were presuppositions to laws that
made them valid.
- There is a hierarchy of norms beginning from the Basic Norm
where all other norms are related to each other.
- Legal Realism (Law as Systematized Prediction)
- Oliver Wendell Holmes, Jr. (The Path of Law, 1897)
- Law is a body of dogma or systematized prediction.
- The prophecies of what the court will do in fact, and nothing more
pretentious, are what I mean by the law.
- On Law and Morality
- The Bad Man Theory
- The law is like a bad man who only cares for the
material consequences.
- If a person is asking a lawyer if it is okay to build a house in
his/her neighbor’s land, the lawyer will not tell the person wether
its good or bad. Instead will tell them about the material
consequences of doing so. And from that, the person decided
wether or not to continue their plan in the first place.
- The life of the law has not been logic; it has been experience.

Legal Theories
- Legal or judicial reasoning.
- Applied philosophy of law.
- Legal Realism (O.W. Holmes, Jr.)
- A realistic look at how judges decide cases. Law is in some point rationally
indeterminate. They decide on how the facts of the case strike them.
- Post hoc realization
- Relies on deciding on the actual effects of laws on the society rather than
solely relying on formal legal reasoning.
- The case of Estrada saying “ayoko na” which ended his presidency
because it was written in a diary. Although diaries are hearsay evidences,
it was still taken into account thus paving way for Macapagal’s
presidency.
- Legal Formalism (Antonin Scalia)
- A positivist theory of law.
- A law is already a product of normative and policy consideration in the formation
of law.
- Hence a judge should not what the law should be, but should confine itself to
what the law is.
 - Constructivism/Interpretivism (Ronald Dworkin, Dworkin’s Law’s Empire, 1986 &
Taking Rights Seriously, 1978)
- Judges decide, not because it is what the law mandates, but because it is what is
required by some standards of morality or justice that made up or formed the
norm or law, the same standards that provide for the justification of the norm.
- Case study:
- Riggs Vs. Palmer
- Francis Palmer wrote in his will that his grandson will inherit riches after
he dies. The grandson after hearing this, killed Francis. The two
daughters of Francis sought to invalidate the will because it is upsetting
for them that the grandson who killed their father will inherit the riches.
However, even convicted with murder by virtue of the will, he is still the
beneficiary. So the law was silent. But despite the silence, this is evidence
of the theory that judges apply certain principles even not founds in the
law but justification of certain laws.
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Kinds of Human Positive Laws
- According to whether a right is given, or merely the procedure for enforcement is laid
down.
- Substantive Law
- That which establishes rights and duties.
- Remedial (Procedural/Adjective) Law
- That which prescribes the manner of enforcing legal rights and claims.
“Overall, while substantive laws define the rights and obligations within a legal system, remedial
laws govern how these rights and obligations are enforced and upheld through legal processes.“

Kinds of Laws
1. Political Law - the kind of public law which deals with the organization and operations of
the governmental organs of the state and defines the relations of the state with the
inhabitants of the territory.
a. Constitutional 1 - an overview of the importance of constitutional law
b. Constitutional 2 - bill of rights
c. Administrative Law, Law on Public Offices & Elections Law - privileges of the
government services
d. Public International Law - rights of existence and rights of self defense of each
and every state
Constitution - A constitution is like the rulebook for a country. It lays out the basic laws,
principles, and structure that the government and its citizens must follow. It explains how the
government works, what rights people have, and how laws are made. Just like rules in a game,
the constitution helps ensure that everyone plays fairly and that the government doesn't become
too powerful. It's a foundational document that sets the guidelines for how a country is run.
Similar to a swimsuit, it must be broad enough to cover the different areas but must also
be brief and definite.
 a. Written Constitution - difficult to amend. Kind of constitution that is integrated or
embodied in one or single source.
b. Unwritten Constitution - its provisions are scattered in various sources like
customs and traditions.
Due Process - Due process is a legal concept that ensures fairness when the government deals
with people's rights or freedoms. It means that before the government takes actions that
could affect someone's life, there must be fair rules and procedures in place. This way,
people have the opportunity to defend themselves, explain their side, and get a fair decision. It's
like making sure everyone gets a fair chance and is treated justly by the government.
a. Substantive - Substantive due process is a legal idea that focuses on making
sure laws are fair and reasonable. It means that when governments make laws,
they need to consider whether those laws respect people's basic rights and
freedoms. It's like a rule that says laws can't be too unfair or unreasonable. This
concept helps ensure that laws are balanced and don't take away important
rights without good reasons.
b. Procedural - Procedural due process is a legal principle that ensures fairness
when government actions might affect someone's rights or interests. It means
that before the government takes actions like punishing someone or taking away
their property, there has to be a proper process in place. This process should be
clear, consistent, and allow the person to defend themselves and present their
side of the story. In simple terms, procedural due process makes sure that people
are treated fairly and have a chance to explain themselves before important
decisions are made about them. In short, there should be a hearing first.
Equal Protection of the Law - Equal protection of the law means that everyone should be treated
fairly by the government. It's like a rule that says no one should be treated worse or better
than others because of things like their race, gender, or where they come from. This
principle makes sure that everyone has the same rights and opportunities under the law, without
unfair discrimination. However, reasonable classifications may allow permissible situations.
Search and Arrest - Deals with the rights of a person who is under custody of the law.
2. Criminal Law - that branch of law which defines offenses and specify the
corresponding penalties.
a. Criminal Law 1 - dealing with exempting circumstances where a crime is done by
someone insane
b. Criminal Law 2 - definitions and elements of crimes (crimes against law of land,
against public order, against public interest, against property)
3. Taxation - that branch of law which deals with the impositions and collection of taxes.
a. Taxation 1 - due process in taxation.
b. Taxation 2 - different taxes imposed by the government (income tax, value added
tax, capital gain tax, donor tax, estate tax)
Tax Evasion vs Tax Avoidance - tax evasion is illegal and involves deliberately breaking the law
to avoid taxes, while tax avoidance is about using legal methods to reduce your tax bill.
4. Civil Law - That branch of law which every particular nation or state has established
peculiarly for itself. This law concerns with civil or private rights and remedies.
a. Persons and Family Relations - requirement of a valid marriage
 b. Property - ownership
c. Obligations and Contracts - definition and nature of obligations and contracts
d. Succession - a mode of transmitting of the ownership given the untimely demise
of the owner
e. Sales - warranties assumed by the seller
f. Credit Transations - requisites of a valid loan
g. Agency, Trust and Partnership - Agency is a legal relationship where one person
(the agent) acts on behalf of another person (the principal) to perform certain
tasks or make decisions. A trust is a legal arrangement where one person (the
trustee) holds property or assets for the benefit of another person or group (the
beneficiaries). A partnership is a legal relationship where two or more individuals
or entities agree to carry on a business together, sharing profits and losses.
h. Torts and Damages - Torts are civil wrongs that involve a breach of legal duty
owed by one party to another, resulting in harm or injury. Damages are monetary
compensation awarded to a party who has suffered harm as a result of another's
wrongful act or breach of duty.
i. Transportation Law - legal rules relating to travel.
5. Labor Laws - that branch of law which deals with the relationship between the
employer and the employee, as well as the working conditions, wages, fringe benefits,
grievances and association of employee.
a. Labor Law 1
b. Labor Law 2 - powers of DOLE
6. Commercial Laws - body of law thet applies to the rights, relations and conduct of
persons and businessess angaged in commerce, merchandising and trade.
a. Corporation law - In essence, it's the body of law that governs the creation and
functioning of companies as separate legal entities with rights, responsibilities,
and obligations distinct from their owners and shareholders.
b. Negotiable Instruments Law - Negotiable Instruments Law (NIL) is a legal
framework that governs a specific type of financial document called negotiable
instruments. These instruments are written promises to pay a certain amount of
money or deliver goods to a specified person or entity. They can be easily
transferred from one party to another, making them a vital part of modern
commerce. The NIL sets out the rules for their creation, transfer, and
enforcement. In simpler terms, it's the law that deals with documents like checks
and promissory notes that can be passed around as a form of payment or credit.
A dead law.
7. Remedial Law - refers to the means and methjods of setting the courts in motion,
making facts known to them and effectuating their judgments.
a. Civil Procedure - Certainly! Civil procedure in remedial law is like the rulebook for
how civil cases (non-criminal disputes) are handled in court. It covers everything
from starting a case, presenting evidence, and arguing in front of a judge, to
getting a decision and, if needed, appealing. It's a set of steps and rules that
make sure both sides are treated fairly and that the process is organized and
 efficient.party who has suffered harm as a result of another's wrongful act or
breach of duty.
b. Criminal Procedure prosecuting a criminal case
c. Evidence -
d. Spcecial Proceedings - Special proceedings in remedial law are like special
cases in court that deal with specific legal matters that don't fit the usual pattern
of regular civil or criminal cases. They're like unique situations that need their
own set of rules. For example, special proceedings might include things like
adopting a child, changing your name, settling the estate of someone who
passed away without a will, or declaring a person as legally incapacitated. These
cases have their own rules and processes because they involve unique legal
issues that aren't covered by regular civil or criminal laws.