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Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Fernandez was an authority on constitutional law and labor law, being part of the Philippine jurisprudence project (UP Law Center) and wrote a number of papers on labor law, constitutional law and libel Law. He was the former chief legal counsel of the University of the Philippines, a bar reviewer in UST, UE, FEU and UM.
Treatise on Law is Thomas Aquinas' major work of legal philosophy. It forms questions 90–108 of the Prima Secundæ ("First [Part] of the Second [Part]") of the Summa Theologiæ , [ 1 ] Aquinas' masterwork of Scholastic philosophical theology .
Thomas Aquinas conflated man-made law (lex humana) and positive law (lex posita or ius positivum). [3] [4] [5] However, there is a subtle distinction between them.Whereas human-made law regards law from the position of its origins (i.e. who it was that posited it), positive law regards law from the position of its legitimacy.
Analytical jurisprudence is a philosophical approach to law that draws on the resources of modern analytical philosophy to try to understand its nature. Since the boundaries of analytical philosophy are somewhat vague, it is difficult to say how far it extends. H. L. A.
The English most close analogue is «rule of law». [2] Rechtsstaat is a concept in continental European legal thinking, originally borrowed from German legal philosophy, which can be translated as “legal state” or "state of law", or "state of rights", "constitutional state" in which the exercise of governmental power is constrained by the law.
In jurisprudence and legal philosophy, legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with natural law theory, which holds that law is necessarily connected to morality in such a way that ...
He is currently a chair of the Philippine Commission on Higher Education's (CHED) Technical Committee for Philosophy and a full Professor of Philosophy in U.S.T. [4] [2] [3] [6] In 2008, along with Franck Budenholzer, Juan Luis Scannone, and Jean-Luc Marion, Co was the first and only Asian scholar to date to deliver a plenary lecture at any ...