Presentation On Legal Philosophy

3.
Political Institutions
The concern in the stability and solidity of the political institution is an ancient interest of people living in a politically organized society.
Human beings are social by nature. They cannot live except in the company of others. (Aristotle)
That the realization of the common good is a vital function of the legal order.
This principle on stability and solidity of the political institutions is integrated in our national policies particularly:
On national and territorial integrity, Immunity of the state, Rearing the youth for civic consciousness and efficiency, On citizenship, Separation of powers, etc.
4. Economic Institution
The responsibility of the legal order to develop and implement sound economic goals and programs must be recognized in order to ensure the economic life of the members of the society.
The concern in the stability and solidity of the economic institution is expressed or indicated by the following national policies:
On encouragement of free and natural competition, Agricultural and industrial economic combination, Maintenance of an orderly market for both public and private securities On policy concerning the freedom to choose and engage in any profession, employment, trade, vocation, or craft and to receive adequate remuneration, On policies against unfair trade and labor practices On keeping the value of money steady On the orderly development of the agricultural economy as well as the development of the manufacturing industry, etc.
C. SOCIAL INTEREST IN THE GENERAL MORALS
4 distinct dimensions of natura humana

1. 2. 3. 4. Capacity for ETHICAL experience Capacity for INTELLECTUAL experience Capacity for RELIGIOUS experience, and the Capacity for AESTHETIC experience
These unique faculties constitute a persons rational soul As opposed to what plants and animals possess which was determined by Aristotle as the nutritive soul.
ARNOLD TOYNBEE
Said if it is conceivable for a world of human beings to exist in which the living higher religions had become extinct it would be quite hard to imagine human existence without still having the essential counsels and truths of moral law to light its path and guide its steps as in the past. GENERAL morality or the moral ethics of the community is very present fact of social life, although it may not be necessarily the best morality BOTH individual and society have a right to be protected from obscene or indecent activities and materials in the different media of expression.
THREE-PRONGED STANDARD
1. Does the act or material depict conduct in a patently offensive way? 2. Does the act or material lack redeeming social value , that is to say, unconcerned with socio-moral problems and their solutions? 3. Does the act or material violate the generally accepted moral sense of the community?
Moral Sense of the Community

RAPOUILLE vs. US
It set as a test, not those standards which might ourselves approve, but whether the moral feelings, now prevalent generally in this country would be outraged by the conduct in question: that is, whether it conformed to the generally accepted moral conventions current at the time. The views of the men and women of the community whom the social mind would rank as intelligent and virtuous (as echoed by Justice Benjamin Cardozo)
DISSENT:
It should be the attitude of the ethical leaders of the community that should be consulted in ascertaining the moral sense of the community. (Jerome Frank)
SMITH vs. CALIFORNIA

A person has a right to enlighten the court on the contemporary community morality through qualified experts on the matter involved which becomes a matter of evidence. However, the determination of the term no doubt rests with the judge or jury.
JOHNSTON vs. US (best guess)

we are confined to the best guess we can make of how the substantial portion of the intelligent and virtuous persons in the community would react to a particular act or material in question.
Henri Bergson
Partly disagrees with the best guess approach He posits the view that there should be thoughtful reflection on what the substantial portion of the intelligent and virtuous persons in the community would feel on a particular act or material in question. That we should ask the question: Is the solution reasonable and believable? Is it rational and plausible?
CASES in the Philippines

Yu Singco vs. RP, G.R. No. L-6152 What constitutes proper and irreproachable conduct within the meaning of the law must be determined by the standard of morality prevalent in the country, and this in turn by the religious beliefs and social concepts existing therein. A man and a woman living together as husband and wife, if known to be unmarried, are in general despised and avoided in society, even if not considered social outcast. People vs. Yuson (Criminal Case No. 58138, CFI of Manila) Since the RPC (Article 201) does not define the term offensive to morals, the judge in this case decided on the matter based on his own outlook of what he believes to be offensive to morals.
THE SOCIOLOGIST APPROACH

Make use of sophisticated techniques or methods of public opinion research But this cannot be done by the courts according to the author because of
Practicability and Unreliability
NATIONAL POLICIES
Policies against acts and practices promotive of dishonesty, impropriety and corruption Against social and commercial gambling Against acts and practices calculated to excite and sustain immoral thoughts and prurient interests, Against sexual materials On preservation and protections of the values of the community, etc. -----

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3.

C. SOCIAL INTEREST IN THE GENERAL MORALS

4 distinct dimensions of natura humana

Moral Sense of the Community

SMITH vs. CALIFORNIA

JOHNSTON vs. US (best guess)

CASES in the Philippines

THE SOCIOLOGIST APPROACH

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