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HisPhi Final Exam Pointers

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Gerard Paul Cusi
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23 views9 pages

HisPhi Final Exam Pointers

Uploaded by

Gerard Paul Cusi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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HisPhi Pointers for the Exam:

1. Case of in re application of Max Shoop (specific influences of civil and common law system
in shaping our current legal system)

Ok
2. In the different perspective of law, what do you think is considered a just law? How do you
define a just law? Which perspective best define a just law?

HISTORICAL PERSPECTIVE 76

TELEOLOGICAL PERSPECTIVE 104


Based on the natural law philosophy. There is bond in positive law and natural law. The teleological
position : the natural law not to be considered as divisions of the law but its very perfection.

POSITIVIST PERSPECTIVE 176


The law is consciously created by the state. The law is positive, that is to say, posited by the authority
of the state. The relationship between law and morality is only accidental, not direct. There is cleat-
cut distinction between law and morals, and between law and natural law.

FUNCTIONAL PERSPECTIVE 203


Law must be subject to sociological scrutiny. Social interest is the highest good in the legal ordering
of a politically organized society.

MODERN LEGAL REALIST PERSPECTIVE 293


Concerned with the actual operation of the legal order in terms of the experiences and
interexperiences of the people in the legal ordering of society.

POLICY SCIENCE PERSPECTIVE 426


3. What is social contract, non-derogability of the powers, in the social contract theory?
4. Different perspective, summary of each of the perspective, what is the core point of each
perspective, especially in their definition of law and legal order?
- Questions like how different is this perspective from that perspective in terms of several concepts
5. Tolentino vs Comelec - significance of the citizen’s right to informed judgment as basis for good
election
- What is the role of media in ensuring a fair, honest and just election?
5. In relation to historical concept, what is the source
6. NTF ELCAC in the drive to welcome back the rebels, continuing relevance of the communist
movement of the Philippines and what exactly will be their new relevance in their current
political set up
8. LADLAD Party list particularly on the relevance of party-list systems, what is the standard of
COMELEC; how is it still something relevant to our current political system
9. Which theory is the best or the most effective in the legal ordering of society?
Please add if I missed out on a few important details. I would appreciate it if you can also share the
summary of your reports here in this page so it would be easier to find.

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