Preview of unformatted text: INfRODUCTION TO LEGAL PHILOSOPHY* *Recorded December 15, 1952, in the Registry of Research Programs of the Association of American Law Schools under the working title INTRODUCTION TO THE STUDY OF I.AW, 7 Journal of Legal Education, 429, 437. This book was published in 1959 under its current title. iii 1997 Revised edition Printed in the Philippines Each copy of this book is numbered and signed by the author, otherwise it comes from an illegal source IV V INTRODUCTION TO THE PHILOSOPHY OF LAW ISBN-971-8518-38-5 U.S. LIBRARY OF CONGRESS CATALOG CARD ISSUE 54-37450 Dedicated to my wife, whose encouragement and inspiration made this volume possible Publisher University of the Philippines Law Center Quezon City, Philippines vi vii. INTRODUCTION TO OTHER BOOKS BY THE AUTHOR PHILOSOPHY OF LAW LEGAL METHOD LABOUR RELATIONS LAW CRISOLITO PASCUAL LL.B. (U.P.), LL.M. (Boston University) Associate Judge (Ret`d) Court of Appeals of the Philippines Professor of Law, U.P. Former Director, U.P. Law Center Former Editor-in-Chief, Philippine Law Journal and Journal of the Integrated Bar VIII IX Copyright 1997 by FOREWORD CRISOLITO PASCUAL ALL RIGHTS RESERVED, INCLUDING THE RIGHT TO REPRODUCE THIS BOOK OR PARTS OF THE TIIEREOF IN ANY FORM OR BY ANY MEANS Ninth edition, 1997 Eighth edition, 1994 Seventh edition, 1989 Sixth edition, 1983 Fifth edition, 1974 Fourth edition, 1970 Third edition, 1959 x Today, there is a buzz abroad in the field of Philippine law studies.
There is a notable departure from the narrow and outdated way of thinking of the study of law as a set of rules or symbols, or simply common sense. In fact, some steps have already been taken in some universities and law schools to introduce students to the basic concepts of the essence of law and the study of its main elements. This move is a reaction to the outdated system of giving a general overview of the entire four-year law course, which is necessarily superficial, since it is completely impossible to contain in a 2-part semester course even the definitions and principles of each branch of Philippine law. There is no such thing as basic Filipino law. Professor Criscilito Pascual`s efforts to present the object of the essence of law have something to do with this effervescence. In several articles he wrote for The Lawyersjournal, he stressed the need to study the nature and elements of law. The book written by Professor Pascual corresponds to the purpose of initiating the student to the study of the nature and elements of law, which the student will complete with the course of jurisprudence, so that he can realize the truly noble profession he is taking. In the long run, this study would be more beneficial for the student.
In the words of Sir John Austin, the famous English jurist, such a study would give him „an idea of the jaw as a whole and the mutual relations of its elements.“ xi FOREWORD Preface In his approach to the problem of introducing the student to the study of the nature of law, Professor Pascual considered him a progressive and dynamic force. He did not limit himself to a particular legal perspective on the nature of the law, but considered the different legal views as an evolutionary development of a concept. I believe that his thesis is well received, after all, the later legal views are only the subsequent improvements of the previous ones. But Professor Pascual went even further by highlighting the lessons and valuable elements contained in any legal perspective and emphasizing the essential role or function of law in the community. He also elaborated on the theme that the law is also a vital and essential force that can bring humanity to peace and happiness and clarify existing tensions in the world. I am one of those who believe that there is really no interest or benefit in giving the student a little bit of all the branches of Philippine law in a short semester. There is everything to be gained by exposing the student to the study of the nature of law and its essential role in the community. It is the duty of universities and law schools, because they are the traditional training ground for our future political planners and government officials, not to perpetuate the archaic approach to the study of law. Otherwise, it is extremely doubtful whether educational institutions can contribute to solving the larger problem of war and peace, which is one of their main tasks. Directed by Professor Albert Haymond I3iesel. I am confident that Professor Pascual`s work will be an important addition to our country`s legal literature. HOMA OZAETA Associate Justice Supreme Court of the Philippines (1941-1950) Dean of the Faculty of Law Eastern University (1951-1956) November 18, 1951 Faculty of Law University of Eastern Manila, Philippines The author has experience of the task he has accomplished.
I think it`s the first of its kind here. I-le is a product of the University of the Philippines, where he earned his LL.B. degree. He received his LL.M. degree from the University of Nostoton, where he first worked on his book under the xii xiii. PREFACE TO THE NINTH EDITION Looking back, I remember my concern when the first edition of this book (a narrow volume) came out of print. I thought I had something valuable to say about the study and understanding of law as a means of social control. That my readers felt the same way was something else.
But the generous reception of the book over the years has encouraged me to continue to improve its content. I am happy that the University of Philippines Law Center is my new publishing house. My long and fruitful cooperation with this institution has made this agreement doubly rewarding. I would like to thank Erlinda N. Lopez, Chief of the Information and Publication Division at U.P. Law Center, and its collaborators in the preparation of this volume for publication. CRISOUTO PASCUAL College of Law University of the Philippines 10 March 1997. FOREWORD to nm E1Gu111 EnmoN The University of the Philippines School of Law Catalogue describes the Prudence Course as „the study of the leading schools of jurisprudence, emphasizing philosophical influences on different conceptions of ideal law and substantive law as an instrument of procedural and substantive justice.“ This is a recognition of the importance of the impact of different legal philosophies on students during their formal legal education. The first (provisional) edition of this manual was published on February 20, 1951. The year is 1994. Over the years, the importance and influence of jurisprudence or legal theory on the legal system, that is, law and government, has not diminished.
Over the years, I have tried to improve the content of this book. The more I try, the more I realize my own shortcomings. While I`m confident I can cope with this book, I`m not sure I used the right method to present it. I wouldn`t be surprised if I get criticism about this. My consolation, however, is that I dared to do so in order to have an introductory textbook on the subject. And if later the reader finds enough interest to read the original works of the masters, then the purpose of this book would have been realized. This compels me to repeat the main consideration for the preparation of this book. I was not in favor of immediately exposing the student to the difficult and unknown works of philosophers and jurists. There are many things that can argue against such an approach, especially when it comes to students whose English is not an innate language. It`s important. Students must first have a professional education or an overview of the perspectives of different law schools on the nature and function of law.
xiv xv PREFACE TO TllE E1c1rrH EomoN PREFACE TO THE SEVENTH EDITION This gives students a fairly good idea of the direction of each law school and the law school to which the various legal philosophers belong. In other words, the answer to the problem of the nature of law depends on the approach taken by a philosopher or jurist. Since leaving the Court of Appeal in November 1986, I have had time to update this book. This revised edition contains important changes. I also redesigned the text a bit to make it more readable and understandable, especially for the uninitiated. After serving as a judge of the Court of Appeals from 1973 to 1986, I returned to the University of the Philippines School of Law.
Komentari su zatvoreni.