Policy Science Perspective

MEMBERS:Ylade, Donna Frances

Milanes, Rainier AnthonyDimayuga, Leoncia Ma. Cecilia

The Yale Approach

Policy oriented approach was launched at Yale University

by Prof. Harold Lasswell and Prof. Myres McDougal

Solution:

To move away from Legal Positivism and

Legal Realism

Policy Science

guideline, strategy or program concerning the creation, clarification and

realization of values.

Systematic study of the social

processes by which POLICY IN GENERAL

is developed and executed to achieve

OBJECTIVES.

POLICY SCIENCE JURISPRUDENCE

Law is an instrument of

SOCIAL ORDERING.

SOCIAL VALUES

GOALS

POLICY GUIDELINES

Statute, Admin. Order, Judicial Decision

LEGAL POSITIVISM POLICY SCIENCE

Law is a complete set of norms and rules of action which excludes from its specific concerns value

creation, clarification and

realization.

Law is adequate if it does not take into account the goal values and

policy guidelines to which the

society is committed.

FOUR SALIENT FEATURES1. Reaction Against Obsolete

Concept of the Role of Law2. Movement Away from

Ontological Jurisprudence3. Emphasis on the Rights of

Man4. Movement for the Universal

Recognition of Social Values

1. Reaction Against Obsolete Concept of the Role of Law

Obsolete Role of Law

There is the inability of the policy makers to come out with simple and basic social values for the attainment of peace and security

Problems of Law Universities and Colleges

2. Movement Away from Ontological Jurisprudence

Ontological Jurisprudence

Positivism – no moral principles precede the law

Realism – between just and unjust law

3. Emphasis on the Rights of Man

Recession of the Fundamental Human Rights

Infinite worth of Human Dignity

4. Movement for the Universal Recognition of Social Values

Policy science is a science

of Social Values.

Policy Process

1. Value Creation2. Value Clarification

3. Social Value Implementation

The Basic Social Values

POWER

• A political mechanism for the good of the society which reflects the will and choice of the people as a whole and not just that of the leader.

POWER

Forms of Authority Refers to the distribution of the exercise

of the social value of POWER in a politically organized society.

1. Government 2. Pressure Organizations 3. Private Business Enterprises4. Cultural Organizations

POWERFacts of Control

Well known in constitutional science as popular sovereignty and the control-power of the people.

1. Making and changing the fundamental laws of the land whenever a need for such change arises.

2. Making and changing laws and influencing the changes in important decisions directly or indirectly.

POWER3. Expressing free and genuine will in

popular elections by means of secret balloting and not by block voting.

4. Having real access to and holding of any constitutional and political office.

5. Free criticisms on public matters or officials in the spirit of truth and decency.

6. The Freedom to express opinions and ideas.

POWERAspects and Referents

As a social value, POWER has a tree-fold meaning or aspects.

1. The capacity to secure and maintain the fundamental rights.

2. The competence to share in the making of policy of private groups or organizations.

3. The capacity to participate in the making of important public decisions without any political or religious interference.

KNOWLEDGE

Purposive Forms As a social value KNOWLEDGE has

two (2) basic purposes to wit:a. To dispel misunderstanding.b. To eradicate ignorance.

KNOWLEDGEGeneral Aspect

► Means widespread understanding among people of different cultures and backgrounds.

► Freedom in pursuit of truth.

► The maintenance of the right to think and the right of private judgment.

KNOWLEDGEParticular Aspect

In which the social value of KNOWLEDGE has two (2) distinct meanings to wit:

a. It signifies the emancipation of the masses through education and the ever increasing training and instruction at all levels according to talent and ambition.

►The state has the right to regulate, supervise and aid in the education of adults and children for his duties, responsibilities and human relations.

KNOWLEDGE

b. The cognition and appreciation of how democratic ways and processes work and the ways for it to continue to work better.

► Men cannot simply remain loyal to democratic ideas and processes without the cognition that these are capable of making them free.

KNOWLEDGE

Tendential FunctionsThere are four (4) tendential functions

of KNOWLEDGE to wit:1. Cultural Progress2. Moral Progress3. Political Progress4. Economic Progress

RESPECTRegards for life and esteem for the dignity and

worth of human personality.

A. Regard for Life and Limb – the free and unharmed possession of the complete body.

B. Regard for Human Personality1. Positive Phase

Freedom from any kind of discrimination on grounds of race, sex, language, religion, political opinion, or property status.

RESPECTThe society has a great deal to do

with the degree of respect a person may bestow or expect from another.

2. Negative PhaseIndividual initiative, choice and

determination are hindered or inferred with (e.g. outlawing subversive organizations)

As much as possible, respect for human right and freedoms should be always restored.

LIBERTYAs a social value LIBERTY is not unrestricted.

In Rubi vs. Provincial Board, it was held that liberty cannot be dwarfed into mere freedom from physical restraint of the person of the citizen, but is deemed to embrace the right of man to enjoy the faculties with which he has been endowed by his Creator subject only to such restraints as are necessary for the common welfare.

LIBERTY is manifested in the ability of a person to do things which are essential to realize his or her conscience, opportunities and interest.

LIBERTY

Forms1. Active Mode – legal authority, which

may either be legal claim or legal power.

2. Passive mode – legal exemption, which may either be a legal immunity or la legal privilege.

LIBERTYTension or Problem Area

► The social values of Liberty,

Respect, and Equality form the problem-area in the legal ordering of society.

► Unrestricted or unreasonable

interferences by the government or by influential groups can destroy these social values. yet still the government is nonetheless essential to their maintenance, augmentation, and even preservation.

LIBERTY► Liberties “guaranteed by the

constitution, imply the existence of an organized society maintaining public order without which liberty itself would be lost in the excesses of unrestrained abuses.

► Who should win in a conflict between individual rights and the claim of the government to national security?

► Therefore, the BALANCE to strive for is to consider the government as an organ committed to the protection of the social values.

LIBERTY

Constituent Parts

1. Personal Liberty

2. Religious Liberty a. Freedom of Conscienceb. Freedom of Worshipc. Freedom of Religion

LIBERTY

3. Civil Liberty

4. Political Liberty

5. Economic Liberty

  6. National Liberty

LIBERTY

Paradox of Effective Liberty

► Contradiction in the recognition of the social value “liberty”.

►Despite the inclusion of liberty in constitutions and decisions of higher courts, violations are still notoriously frequent.

LIBERTY

►Conditions often violated: economic insecurity, moral degradation, violence, and wars.

►With the right national policies, certain conditions like peace and order, social security and financial stability will enable liberty to thrive.

INCOME

General Aspect: denotes freedom from want and the conservation of the natural resources

Particular Aspect: embraces the minimal substance or means of meeting the immediate necessities and comforts of life.

SAFETYGeneral Aspect: denotes freedom from fear

of disease, pestilence and hunger as well as freedom from fear of violence, disorder and war

Particular Aspect: represents or signifies protection, public health, social security, and peace and order

EQUALITY

Negative Aspect: 1) equality is not absolute similarity2) equality is not an assurance that

everyone shall, as a matter of fact, be the same in all relations►Jural Inequality: material and relevant to the legal ordering►Invalid view of Equality: equality means similarity of all matters of social relationship

EQUALITY Positive Aspect: the point is that this social

value is worth striving for in the areas or parts where they are attainable

“all men are equal” ► each person’s well-being and happiness is

as secure and inviolate as that of every other person

► everyone has a rightful claim to equal treatment and protection of the law, regardless of any inconsequential and insignificant disparity

EQUALITYConstituent Parts

John Rawls

1. the equal right of everyone to the total system of basic liberty

2. fair equality in opportunities to offices and positions in order to heighten the chances of those with lesser chance or opening

“equitable sharing of social goods as well as material goods to the greatest possible of the least favored”

EQUALITY and Balance Before the LawAll individuals have a rightful and lawful

expectation to the same treatment and protection of laws without regard to persons involved.

All individual owe equal obedience to the laws.

1. SIMPLE TYPE – religion or sex is irrelevant in the exercise of suffrage2. DISTRIBUTIVE TYPE – the apportionment of benefits and burdens that can be shared among the members of society

EQUALITY and Balance of Opportunity

Equal condition and equal access to the effective expression of individual merit toward success or even failure.

EQUALITY and Balance of Rights and Freedoms

Every human being is endowed with certain primal or original rights and freedoms, to wit:

1. right to life, liberty, security and property2. right to religion3. right to education and free exercise of

the mind4. right to free expression5. right to peaceably to assemble for

redress of grievances

EQUALITY and Balance of Political Value

Every individual must count for one and only one in political participation without regard to person.

LAW

Can truly be an instrument of global, regional and national control when “it is committed to the complete achievement of the social values that constitute the professed ends of democratic societies.”

►An advocacy of consistent, compatible and principled policies, legislation and decisions on the basis of social values.

LAW

Vital instrument for ordering conduct through the formation, clarification and realization of the social values where “the patterns of authority are conjoined with the patterns of control.”

LAW

“Where decisions or solutions are authoritative but not controlling, then there is no law but only pretense, and

where decisions or solutions are controlling but not authoritative, then there is no law

but only naked power.”

LAWImportant Contribution to Legal

PhilosophyStatutes not in agreement with the

social values are neither authoritative nor controlling, in much the same manner as the naturalist jurisprudents view statutes which are contrary to the precepts of natural law to be no law at all.

Importance of the Policy Science Jurisprudence

“ A bad decision is simply one that is not in accordance with the social values.”

END IN VIEWAttainment of peace, order and security

“Freedom is found when there is one world state which is democratically organized, or to the degree that democratic states are able to prevent interference by despotic power.”(Lasswell and McDougal)