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Syllabus. Legal Philo 2021-2022

This document provides an overview of a course on Philosophy of Law offered at San Sebastian College-Recoletos, Manila and University of San Jose-Recolletos. The course aims to help students develop analytical skills to examine philosophical views on law and enhance their understanding of legal interpretation and application. It will cover various schools of legal philosophy through discussions of theories, cases, and policy. Students will be evaluated based on class participation, oral presentations, and a term paper analyzing applications of the philosophical concepts studied.

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333 views4 pages

Syllabus. Legal Philo 2021-2022

This document provides an overview of a course on Philosophy of Law offered at San Sebastian College-Recoletos, Manila and University of San Jose-Recolletos. The course aims to help students develop analytical skills to examine philosophical views on law and enhance their understanding of legal interpretation and application. It will cover various schools of legal philosophy through discussions of theories, cases, and policy. Students will be evaluated based on class participation, oral presentations, and a term paper analyzing applications of the philosophical concepts studied.

Uploaded by

JCapsky
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SAN SEBASTIAN COLLEGE-RECOLETOS, MANILA

AND UNIVERSITY OF SAN JOSE-RECOLLETOS


LL.M CONSORTIUM

INTRODUCTION TO PHILOSOPHY OF LAW


1stSemester, A.Y. 2021-2022

I. COURSE DESCRIPTION

This course attempts to put an in depth treatment and understanding of law in the
context of philosophy as viewed by legal scholars and as brought about by the results of
law-making, implementation, interpretation and critical analysis of its application to serve
its very end-- justice.
This will pave the way to a higher level of discourse as the law will be discussed in
relation to the philosophical views of renowned legal scholars, the theories established and
analyzed in law, cases, jurisprudence and policy matters
Contextual, historical and analytical approaches to law and jurisprudence will be
utilized to incite opinions and views to a deeper consideration of law, its goals and
purposes.

II. COURSE GOALS

Particularly, this course seeks to help students to: 


a. develop analytical skills to question and appraise the different philosophical
views and opinions on law and jurisprudence;
b. enhance understanding of the law, its interpretation and application;
c. gain substantive knowledge of the different philosophies on law and
interpretations thereof;
d. perceive improvements, discern ambiguities and identify contradictions in the
different philosophical foundations of law and jurisprudence and in its
interpretations;
e. identify potential roles as a lawyer and participant in the enhancement and
promotion of law as a science and as a profession.

NUMBER OF HOURS: 36 Hours

III. METHODOLOGY

The course will run as a seminar-workshop. It is expected that participants complete all
necessary reading materials and pre-coursework to participate in the discussions.
Discussions shall be based on respected theories of legal scholars and philosophers,
experience and actual jurisprudence. It is recommended that participants may make use of
their personal readings, experience and own analysis of theories and/or philosophies in
relation to the doctrinal cases.

1. Resource Persons/Students are to discuss salient topics such as review of legal political
thinkers and their theories as well as critical and recent jurisprudence in the Philippines.

2. Facilitators to run discussions with case study simulations, debriefings on critical issues
on both the jurisprudence and procedure. The following activities are proposed to be
conducted.
 Case study simulation
 Debriefings: Following each theory or doctrine, a free-flowing discussion
 Consensus-building: When differences in perspectives occur, particularly with
implementation of policies, the Facilitator shall guide the group towards a
consensus-building process.

IV. ASSESSMENT and GRADING

Participants shall be evaluated through their participation, reports and / or their


submission of a term paper highlighting applications.

The Facilitator shall have a free hand in setting the criteria for evaluation but critical
thinking and deep understanding of the policies are recommended to be at the top of
the list.

Grading:
Class Attendance 20%
In no case shall a student be absent for more than once.Every two instances of
tardiness shall be considered an absence.

Participation by Asking Relevant Questions during Oral Presentations 30%


Oral Reports: Accuracy; Authoritativeness; Succinctness; Responsiveness; 30%
and Clarity
(Electronic copy of presentation shall in any case be emailed to the professor)
2,500 words minimum to 5,000 words Term Paper on a Topic apart from 20%
that subject of one’s Oral Presentation(Emailed Copy Only: Single Space;
12 Garamond Font; short bond size)
Total 100%

V. COURSE CONTENT

I. Contemporary Schools and Jurisprudence


A. Natural Law Theory (p. 211 of the reference material)
Brian Bix
B. Legal Positivism (p. 228)
Jules L. Coleman and Brian Leiter
C. American Legal Realism (p. 249)
Brian Leiter
D. Critical Legal Studies (p. 267)
Guyora Binder
E. Postrealism and Legal Process (p. 279)
Neil Duxbury
F. Feminist Jurisprudence (p. 290)
Patricia Smith
G. Legal Formalism (p. 327)
Ernest J. Weinrib
H. Law and Society (p.368)
Brian Z. Tamanaha
I. Postmodernism (p. 381)
Dennis Patterson
J. Legal Pragmatism (p. 406)
Richard Warner
II. Topics and Disciplines
a. Law and Its Normativity, p. 417
Roger A. Shiner
b. Law and Literature, p. 446
Thomas Morawetz
c. The Duty to Obey the Law, p. 457
M. B. E. Smith
d. Legal Enforcement of Morality, p. 467
Kent Greenawalt
e. Indeterminacy, p. 479
Lawrence B. Solum
f. Precedent, p. 493
Larry Alexander
g. Punishment and Responsibility, p. 504
George P. Fletcher
h. Loyalty, p. 513
George P. Fletcher
i. Coherence, p. 521
Ken Kress
j. The Welfare State, p. 539
Sanford Levinson
k. Legal Scholarship, p. 548
Edward L. Rubin
l. Authority of Law, p. 559
Vincent A. Wellman
m. Analogical Reasoning, p. 571
Jefferson White
n. Risk, p. 578
John Oberdiek

III. Areas of Law


(1) Property Law, p. 9
Jeremy Waldron
(2) Contract, p. 29
Peter Benson
(3) Tort Law, p. 64
Stephen R. Perry
(4) Criminal Law, p. 90
Leo Katz
(5) Public International Law, p 103
Philip Bobbitt
(6) Constitutional Law and Religion, p. 119
Perry Dane
(7) Constitutional Law and Interpretation, p. 132
Philip Bobbitt
(8) Constitutional Law and Privacy, p. 145
Anita L. Allen
(9) Constitutional Law and Equality, p. 160
Maimon Schwarzschild
(10) Evidence, p. 177
John Jackson and Sean Doran
(11) Interpretation of Statutes, p. 188
William N. Eskridge, Jr.
(12) Conflict of Laws, p. 197
Perry Dane

MAIN TEXT:
Patterson, Dennis (ed.) (2010) “A Companion to Philosophy of Law and Legal Theory.” Second
Edition. Blackwell Publishing, Ltd.
Online:http://drmyrawilliamson.com/pdfs-power-points/a-companion-to-philosophy-of-law-and-
legal-theory.pdf Accessed February 12, 2019, 12:56PM.

Fuller, Lon L. (1949)"The Case of the Speluncean Explorers" , Harvard Law Review Vol. 62,
No. 4, February 1949.
Online: http://w.astro.berkeley.edu/~kalas/ethics/documents/introduction/fuller49.pdf Accessed
February 12, 2019, 1:00PM

Cases:

1. Saturnino Ocampo et al vs. Enriquez vs. Rear admiral ernesto c. Enriquez, gr no. 225973,
nov. 8, 2016
2. Araullo vs. Aquino (dap) - GR No. 209287
3. Oposa v. Factoran- gr no. 101083 July 30, 1993
4. Juan Ponce Enrile v Sandiganbayan- GR No. 213847, august 18, 2015
5. Mary Grace Natividad S. Poe-Llamanzares,  vs.Comelec and Estrella C. Elamparo, GR.
No. 221697 Comelec, Francisco S. Tatad, Antonio P. Contreras and Amado D. Valdez
GR No. 221698-700, March 8, 2016

SUGGESTED READINGS

Aquino, Ranhilio C. (2006) A Philosopy of Law: An Introduction to Legal Philosophy. Quezon


City, Philippines: Central Book Supply Inc.
Aquino, Ranhilio C. (1994) A Philosophy of law. Quezon City : Central Lawbook.
Austin, John (1885)Lectures on jurisprudence or the philosophy of positive law. London : John
Murray, Albeemarle
Coleman, Jules and Scott Shapiro, Kenneth Einar Himma(editors) (2002)The Oxford
handbook of jurisprudence and philosophy of law.Oxford : Oxford University Press.
Coquia, Jorge R.( 2005) Readings in legal philosophy and theory (text and comments from Plato
to McDougal) .Manila : Rex Book Store
Dworkin, R.M.(1977) Philosophy of law [London] : Oxford University Press
Estrada, Antonio. (1949)The Philosophy of law. Manila : University Book Supply
Murphy, Mark C. (2007), Philosophy of Law The Fundamentals. USA: Blackwell Publishing.
Friedrich, Joachim C.(1958)The Philosophy of law in historical perspective / by Joachim C.
Friedrich.Chicago : University of Chicago Pres.
Golding, Martin P. and William A. Edmundson(ed) (2005).The Blackwell guide to
the philosophy of law and legal theory / edited by Malden, MA : Blackwell.
Pound, Roscoe (1999) An Introduction to the Philosophy of Law. New Jersey, USA: Yale
University Press.

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