Sheena Nicka M.

Mique Legal Philosophy

What is Law?

Humans are rational beings; able to think of what is good and what is right, but humans

are also animal beings; there are appetites that needs to be satisfied or what they call self-

interests and because of these interests the rational beings may perform the good for himself but

not the good of others. If this is the case, society will be chaotic and that’s why the word they

call ‘law’ existed.

Law ‘serves’ to be the tool for a harmonious society just like Social Contract Theory,

which says that people living in society should have an agreement that establishes moral and

political rules of behavior.

Laws are rules that bind all people living in a community, norms that does not only speak

for what men should do but what is prohibited also (dos and don’ts) these norms are created for

the ‘common good’. The Preamble of the Philippines for example, points out the “general

welfare” or “ikabubuti ng nakararami” and “common good” or “ikabubuti ng lahat”. Thus, all

efforts and rules of society and government should be for the welfare of all, without exceptions.

The preamble also mentioned “imploring the aid of Almighty God”, to make the reference to

God more personal and direct, which manifests the intense religious of Filipinos. But we must

not just obey the law because it’s a moral requirement or it is an ordinance given by God, we

must obey the law because we also understand why that certain law was made (reasonable

ordinance).

We might question, how common is that ‘common good’? We have to recognize that the

one who makes the laws are man (humans), man who may have varying standards of orderliness
that’s why law must also exist as a social institution. The process of ‘nomization’ by Berger

involves the three steps: externalization, objectification and internalization, which gives order to

social life.

In externalization, since the society that we created is democratic our structure is based

on the democratic principle ‘check and balance’; we have judiciary, executive and legislative

which sets the rule.

In objectification, those branches must cooperate properly and fulfill their distinctive

functions. The Legislative branch is authorized to make laws, alter, and repeal them through the

power vested in the Philippine Congress. This institution is divided into the Senate and the

House of Representatives. The Executive branch carries out laws. It is composed of the President

and the Vice President who are elected by direct popular vote and serve a term of six years. The

Judicial branch evaluates laws. It holds the power to settle controversies involving rights that are

legally demandable and enforceable. This branch determines whether or not there has been a

grave abuse of discretion amounting to lack or excess of jurisdiction on the part and

instrumentality of the government. It is made up of a Supreme Court and lower courts.

In internalization, as Berger described it; ‘the survival of any social institution depends

on its internalization’. Internalization means understanding the laws that were ‘imposed’,

meaning the people now can see it as reality or it is really for the common good.

In summary, law is a rule in order to build a social institution. Laws are norms (dos and

don’ts) which everybody is subject to submission (including those who made the law) for the

common good not just because it is seen as given from above but seen of the appointed (branches

of government) to be a solution to maintain and create harmony in the society.