DLSU College of Law Law______ G01 Friday, 14:40-16:40, A1209 Atty. Vyva Victoria M. Aguirre vyvaaguirre@gmail.com, vvm_aguirre@yahoo.

com Course Title: Philosophy of Law Course Description: Introduction to the basic concepts of legal philosophy. Learning Outcomes: Understanding of the fundamental questions in the study of law, the philosophical basis for law itself, and the foundations of the legal system. Objectives: At the end of the term, the student must have gained an understanding of what makes up the legal system and why. This would lead to a more critical appreciation of law and law practice. Requirements/Breakdown of Grades: (No make-up for quizzes. Make-up for Final Exam only for absence with valid reason, evidence of which must be presented. Class participation: 25% Quizes/Exercises: 25% Finals: 50% COURSE OUTLINE A. Introduction 1. Legal theory: Persistent Questions 2. Law as union of primary and secondary rules 3. Foundations of a legal system 4. Law, justice, and morality B. The Historical Perspective C. The Teleological Perspective 1. The Greek Concept 2. The Roman Concept 3. The Aquinian Concept 4. The Kantian Concept 5. Utilitarianism 6. Other approaches: Juristic Approach, Ethical Relativity, Interest of the State D. The Positivist Perspective 1. Hobbes-Austin 2. Legal positivism 3. Essential attributes of the law 4. Conflict with historical view E. The Functional Perspective 1. Functional concept of law 2. Social interests and national policies F. The Realist Perspective 1. Legal realism in general 2. Judicial legal realism 3. Social legal realism 4. Critical legal realism 5. Psychological legal realism G. The Policy Science Perspective 1. Policy Science Jurisprudence 2. The Policy Process 3. The Social Value of Law References: 1. Hart, H.L.A., The Concept of Law, 1961. 2. Pascual, C., Introduction to Legal Philosophy, 2003 [main textbook]