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Ingles I

"Year of good service to the citizen"

LOS ANGELES DE CHIMBOTE CATHOLIC UNIVERSITY

FACULTY OF LAW AND POLITICAL SCIENCES

MONOGRAPHIC WORK TRANSLATED IN ENGLISH

TEACHER: DR. ENRIQUE HUAMAN CELMI

ACTIVITY: Nº 14

STUDENT:

 MATEO ASENCIO PATRICK LEE CHRIST

TOPICS:

“GENERAL NOTIONS OF THE PHILOSOPHY OF LAW -

TRANSLATED TO ENGLISH”.

COURSE:

 ENGLISH I

HUARAZ - 2018

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Mateo Asencio Patrick Lee Christ
Ingles I

INTRODUCTION

The present monographic work is a research study on the Philosophy of Law.

By nature we ask ourselves where we come from and where we are going. And yet many of
us know that we do not know, and we have the desire to know, we want to know because
we do not know. That's what philosophy is, but what is philosophy? According to an old
tradition of Pythagoras, philosophy comes from the Greek Philo meaning lover and Sophia
meaning wisdom, etymologically means the love of wisdom.
And now what is the philosophy of law? The philosophy of law should be understood to be
the same philosophy. As soon as it seeks the knowledge of the being and the right of its
origins, causes and criteria. That is where the right is born? The law is born by the need of
man, and why we say this, has historically been shown for example in Roman law, the
patrician is the one who had power over the commoners even the one who had more
commoners was considered the one who had more power .
By making a current relationship with Roman law, one's own rights that come from the
person, the natural right, are won. And what is the importance of the right? Is that thanks to
the right people in one way or another can appeal to the court when their rights have been
violated. For example, what would happen if someone discriminates against me in a
commercial center, clearly they are violating a fundamental right recognized by our
political constitution of Peru, that no one should be discriminated against and in addition it
is sanctioned in our penal code.

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CHAPTER I
THEORETICAL FRAMEWORK
GENERAL NOTIONS OF THE PHILOSOPHY OF LAW

Luis Recasens Siches Philosopher of the twentieth century in his Work "General Treaty of
Philosophy" of Law, states the following:

"Today, for the student who is interested in these subjects, the Philosophy of Law is
presented as a pre-constituted discipline in multiple books and university courses,
but there was a time, the pre-Socratic era, and even in the prior to Socrates, in which
there was no Philosophy of Law. And there was another time in the mid-nineteenth
century when the Philosophy of Law had disappeared".

1.1 ¿Why does man begin to philosophize?


The reason for man's desire to know is, for Aristotle, nothing less than his nature. And
nature is the substance of a thing, that in which it really consists; therefore, man is defined
by knowledge; it is his very essence that moves man to know.
Man is surprised by the things that are close to him, and then by the totality of what there
is. Instead of moving between things, using them, enjoying them or fearing them, he gets
outside, surprised by them, and wonders with astonishment at those things that are close
and everyday, that now, for the first time, appear before him. , therefore, alone, isolated in
themselves by the question: "What is this?" At this moment philosophy begins.

1.2 Philosophy concept.


Philosophy is not an easy task, nor is it easy to make an introduction that is comprehensive
to any knowledge. But the case of philosophy can be considered particularly difficult
because philosophy as a consolidated discipline does not exist, in a strict sense. The same
philosophers argue with each other for a long time about the status and character of what
they do.
For Aristotle, philosophy is the way to access knowledge. According to the philosopher,
this knowledge is acquired through logical and structured thinking.

For the Greek philosopher, philosophy was the basis for understanding the axioms that
make up knowledge.

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1.3 Definition of Philosophy


"There is no unitary definition of philosophy, but we can say that it is a last and total, and
universal, knowledge about being, knowledge and values". Mantilla Pinedo said it.
Aristotle defines philosophy as the way to access knowledge. Likewise, the natural sciences
are responsible for the study of this knowledge, based on experiences and known as
empirical knowledge.
"The Philosophy of Law is the discipline that defines the Law in its logical universality,
investigates the foundations and the general characteristics of its historical development,
and values it according to the ideal of justice traced by pure reason" (Georgia del Vecchio).
Philosophy can also be defined as the study of the first principles, because to them,
precisely, corresponds the character of universality. From the first philosophers and before
as Aristotle now refers, it was admiration that pushed men to philosophize; of those things
that they admired and did not know to be right, they applied first to those that were more
within their reach. Then with time little, little, he directed his inquisitive spirit to
phenomena of greater mountaineering; for that reason, philosophy is that eagerness to
know, that "love of wisdom".

1.4 The Division of Philosophy according to Giorgio Del Vecchio.


Giorgio Del Vecchio divides Philosophy into two currents, according to his principles of
acting, being, and knowing.

1.4.1 Theoretical Philosophy: It is the part of the philosophy that is called theory of
knowledge (also called gnoseology or epistemology). This part of philosophy
studies the origin, the limits, and the pretensions of knowledge and truth.

1.4.2 Practical Philosophy: Practical philosophy is that philosophy that emphasizes


the relationships between thought, human action and its effects; principally, ethics
and political philosophy, that is, it designates the set of philosophical disciplines
that study human action and its ends.

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CONCLUSIONS

 First of all we have to understand that it is the branch of Law and Philosophy as
such studies the universal principles, therefore, this branch studies the principles in
society.

 It is the discipline that defines law in its logical universality, investigates the
foundations and the general characteristics of its historical development
philosophical foundations of law as a normative and institutional order of behavior
and values according to the ideal of justice drawn by pure reason.

 Every philosophy of law is part of a certain general philosophy, since it offers


philosophical reflections on the general foundations of law.

 Where it is possible to disagree, distend and disagree there will be no way or way to
constitute a true truth, an absolute truth. Clarifying a conclusion of all the issues we
have investigated is a difficult task. However, we can conclude by saying that "the
truth is abstract".

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BIBLIOGRAPHIC REFERENCE

NAVARRETE, O. (1997). "Philosophy of Law". D.F. Mexico. Ed. U.N.A.M.

DEL VECCHIO, G. (1991). "Philosophy of Law". For the present edition. Bosch,
Publishing House, S.A. 08011 Barcelona.

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