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Reported by: Mr. Emmanuel J.

Bacud
Mr. Joel Mendoza
Refers to an attempt of studying
and analyzing a particular subject
whether concepts, persons, or
phenomena based on the legal
principles such as statutes and
jurisprudence established in society.
(LEGALISM)
RULE OF
LAW
A law must be utmost understood under the
doctrine of legal meaning as
governed by judicial decisions. This aspect of law
emphasizes on the manner as to how a
rational and well-informed judgement is
rendered.
Some theoretical foundations:
-According to Jurgen Habermas:
People has the ability of people to make claims,
to challenge and to justify such claims. Moreover,
he argued that human beings are capable of
judging what is beautiful and what is right.
Law is an aspect of nomization,
according to Peter Berger, such that law
creates an orderly world or a cosmos that allows
man to be human, not chaos.
-According to Kautilya (Chanakya; Mauryan
Empire): Law as an institution to promote
individual security, happiness and social order.
-According to Han Fei Tzu (Legalist School
of Thought): Law as a harsh mechanistic system
to promote order and suppress undesirable
behavior.
-According to Max Weber: Law is an
institutionalization of means discerned to be the
most efficient and acceptable in the society.
-According to St. Thomas Aquinas: Nihil Est
Aliud Quam Rationis Ordinatio Ad Bonum Commune Ab
Eo Qui Curam Habet Communitatis Promulgata (The law
is an ordinance of the reason ordered towards the
common good, promulgated by a person who has
charge of the community.)
-In countries such as Philippines and USA, Joaquin
Bernas opine that law (constitutional law) is
promulgated to guarantee the
government in two extremes- 1.) rule
against monarchy and oligarchy and 2.)
rule against pure democracy. Hence, a
sound government must be also known as
government of law and not government of men.
ACCORDING
TO MARTIN
LUTHER
KING, JR.
Politics and law are intertwined concepts of a
society such that they created an
indestructible relationship with each other.
Advantages Disadvantages
-Institutional and structural approach to -Legal Approach can create a dilemma
knowledge in reference to the rules of the society concerning the morality of the society since not
all legal may be necessarily ethical.
-It directs pedagogy into a more sophisticated
manner -Legal Approach introduce some legal jargons
that are too complex to be analyzed by both
-Provides an analytic paradigm in studying the teachers and students; unless, the teachers have
dynamics of a political community including its minimum competency in teaching law subjects.
structures, problems and probable solutions

-It imbibes the notion of social justice and social


equality through the equal protection of the law.
Aquino, Fr. R. C. (2006). A Philosophy of Law: An Introduction to Legal
Philosophy. Central Book Supply, Inc. Quezon City
References:
Banico, H. (n.d.). Kautilya and the Legalist Concept of State and
Government: A Comparative Study. PDF file
Bilz, K. & Nadler, J. (2014). Chapter 10: Laws, Moral Attitudes and
Behavioral Change. The Oxford Handbook of Behavioral Economics and
the Law. 2014
Casambre, A. (2017). The Discipline of Political Science: From Everyday
Analysis to Metanarratives. Anvil Publishing, Mandaluyong City.

Dascil, R. (2013). Threshold to the Legal Profession: An Introduction to


Law. Rex Book Store, Manila.