Teleological

Perspective
 Teleological
• Telos
The law is ordained for the fulfillment of
righteousness, justice,fairness, and equity.
• Logic
Logic (logos), originally meaning the word, or
what is spoken, (but coming to mean thought
or reason); it is the study of criyeria for the
evaluation of arguments.
 Teleological
• Based on the natural law
• Legal order must be based on the
precepts of the natural law
• A good legal order must be deduced from
the natural law, thus making it universally
valid for all people at all times
 The Greek Concept
• They found their unassailable starting point
in the study of the nature of the law in the
moral nature and good faith of human
beings.
 Greek Philosophers
• Socrates
No man intentionally does wrong
• Plato
Man is an intelligent and sensible being, reason
provides him with the means of opportunity of
discerning what is right and what is wrong
• Aristotle
A person is social in disposition that he needs someone
to do good as means of self expression and self-
realization.
 Socrates' Absolute
• Two Considerations:
– 1. No person is intentionally bad or evil
because of the knowledge of justice.
– 2. Only the temperate person knows
himself or herself and, thus, able to bring
his or her emotions under control.
 Plato’s Rational Justice
• The Republic
– Justice as a universal virtue (greatest good)
– Injustice (universal vice)
• Conception of the law and State
– Law is an instrument of social control with the
paramount aim of discovering, maintaining or
administering justice and morality
– Lawness is the condition of peace and order
in the State
 Aristotle’s Practical Justice
• Ethica Nicomachea
– Brought ethical justice to the level of human nature or
disposition
– “Study of human nature”
• Man is a social being and as such he needs somebody to d
good as a means of self-expression and self realization
• Fair Equality
– An act is considered justified if it is fair and equal, and
thus capable of being done by others
– The reason why not all things are regulated by laws or
customs but by means of justice
 Law as a product of Reason
• Man’s true nature is that he is rational ad
free-willing being
• The final purpose or end of anything is its
true nature
• The potentiality of the law is viewed as
reason related to the postulates of the
natural law
 Cicero
• Absorbs the Greek idea of universality of
natural law and brought it into contact with
the Roman legal system at the time
– The need for some formula to control an
empire extending geographically and
politically beyond the Mediterranean across
people of different cultures
 Cicero’s Works
• De Repulica
– Compulson is an element of the law
• De Legibus
– Man is born for the supreme virtue of justice
– Having been born for justice, man is endowed with
foresight and intelligence to respond properly to given
command and prohibitions, and to exercise his rights
without harm to others
• Man fulfills and complies with duties because of his
deep-seated desire to avoid undesirable
consequences which follows non performance of
obligations
 Gaius
• Wrote “institutiones”
– Advanced the views that some rules are perennial
since they are based on natural law while others are
not since they are in derogation of its postulates
• Advocate for the continuous effort or removing
harmful and useless rules of law
– Law must be re-examined by the law making body
once in a while, to provide means whereby any
abnormality in the leal order culd be adjusted to
comply with the end and purpose of the law
 Concept of the Law
• Greek Concept • Roman Concept
– Nature of the law – They subjected it to
remained as a technical analysis
philosophical and endorsed it with
spelation their authority
– Law axacts duty ad
– Law is a product of
compliance by
reason which is the
means of
agreement with the
commands, not by
postulates of natural its reasonableness
law alone, prevents
wrong doing by
means of prohibition