Jurisprudence

By
Mary Jane L. Molina RPh,MSPharm
Jurisprudence

• Embraces all the laws enacted by the legislative body of

the state, all rules and regulations promulgated by those
in authority, court decisions and formal principles upon
which laws are based.
Pharmacy Jurisprudence

• Is the science of systematic study which deals with all the

laws, rules and regulations as well as legal principles and
doctrines governing and regulating the practice of
pharmacy.
Need to Know

• Pharmacy Laws
• Description
• Date
• Board of Pharmacy Examiners
• New Ammendments/Attachments
Jurisprudence

• is the philosophical interpretations of the meaning and

the nature of law
• May also be intrepreted as an interlocking set of beliefs
and ideas that have evolved over time and control our
behaviour and protect our interests
• What is the purpose of law & where does it come from?
• What is law?... more on jurisprudence
• The ultimate legal concept:
• Associated with abstract qualities such as justice, legitimacy,
equality and morality
• Concepts of just or unjust, fair or unfair, good or bad
• We value laws for their intrinsic qualities rather than for
the purposes they were meant to achieve
• Laws usually involve rightness or morality
• Society’s view of rightness or morality changes over time
• Scenario…
• A man’s wife is almost certain to die without a certain
drug. The druggist who invented the drug won’t sell it to
the husband except at a very high price, more than the
husband can possibly pay. He will not consider the
possibility of receiving part of the money later.

• Should the husband steal the drug to save his wife’s life?
CD
• Consider… could we eliminate sexual abuse of children by
providing police unlimited access to private homes or
monitoring of all internet accounts (like employers do)?

• The purpose of the law is admirable (protection of

children), but the quality of the law itself creates
repugnance as the idea of unlimited police intrusion
makes the law unacceptable
• We talked about the iceberg analogy previously and how
the invisible part of law is the study of law’s origins and
factors that influence their development (i.e. politics,
religion, economics) that vary between countries

• When we examine the “invisible” part we understand the

values, mores and folklore of a society
• Our sense of justice changes over time

• Ex. In the 1900’s, it was acceptable for students to be

punished with whips

• The ideas was that corporal punishment would ensure

maturity and development

• In the 1960’s, it was (wrongly) considered acceptable for a

man to beat his wife

• Expression, “Rule-of_Thumb” referred to the maximum size

of a rod a man would beat his wife with
Jurisprudence – Due Process

• helps ensure that justice is served

• (1) Provides us with rules and procedures laid out in

statutes and court decisions
• Ex. The Law of Bail in Philippine applies to all of the
procedures that must be followed when the police detain
any citizen
• (2) Sets out the rights and obligations that society has in
legal proceedings

• Ex. Accused doesn’t have to testify, but a witness to a

murder does have to testify, even if they are a criminal,
even if testifying reveals another, presumably lessor crime,
but under Common Law and the Charter, this can’t be used
against them
• (3) Law acts as a mirror – reflects the values of society
• Ex. Criminalization of marijuana
• Ex. Enforcement of speed laws
• Ex. Same-sex marriage
• Ex. Abortion laws
Jurisprudence – Rule of Law
• Mr. B. is always right (I wish!)
• (1) Recognition that law is necessary for an orderly
society
• In order for us to ensure our safety, we assume that
everyone else will follow the law
• (2) The applies equally to everyone, especially to those
with power and authority
• (3) Person’s legal rights will not be taken away except in
accordance with the law (due process)
 Jurisprudence – Democratic Government

• The government makes all of the law and Filipinos have the
power to vote
• Every 6 years, the Philippine government must hold an
election (except in times of war or national emergency) but if
the party in power is a minority elections can be held more
frequently
• The constitution is what gives the government it’s power
• Individuals can use courts to challenge government laws
that are seen as unconstitutional and if the Supreme
Court agrees the laws in question can be struck down