Chapter V: Functional Perspective
Overview
I.Social Interest in the General Progress
1.Cultural Progress
2.Moral Progress
3.Economic Progress
4.Political Progress
II.Social Interest in the General Aesthetics
III.Adjustment of Conflicting Interests
IV.Value of Functional Jurisprudence
Social Interest in the General Progress
This social interest is based on the concern of the
entire social group against those forms of acts and
practices which threaten or impair the intellectual
and moral aspects of the nature of man and the
development of control over the forces of nature
for the satisfaction of human needs.
Four Forms of Social Interest in the General
Progress:
1.Cultural Progress
2.Moral Progress
3.Economic Progress
4.Political Progress
Cultural Progress
What is cultural progress?
The improvement and betterment of the contents
of human knowledge and heritage as well as the
means for the conservation and transmission.
Where is the social interest in cultural progress
based on?
It is based on the rational soul of man, his
intellectual and imaginative capacities, i.e., man’s
capacity for intellectual and imaginative
experience.
Note: The chief concern of intellectual
capacity is the encouragement of arts and
letters and academic freedom.
Certain favorable conditions for intellectual
experience or the attainment of the truth:
1.an honest, critical, and inquiring mind;
2.the acceptance of the recognized standard of
propriety in order to prevent doubt and expose
error;
3.a climate where the freedom to think, read,
write, form, criticize, reformulate, evaluate, and
believe prevails.
Note: Without these factors, the natural
desire to know can be stifled or oppressed.
What is the vision of the social interest in
cultural progress?
The prevention or suppression of acts and
practices which are restrictive or intimidative of
the favorable conditions for intellectual
experience.
How are the above favorable conditions for
intellectual experience or the attainment of
truth become unfavorable?
1.by governmental intervention; and
2.by religious interference
Why academic freedom should not be
prevented or suppressed?
“Academic freedom shall be enjoyed in all
institutions of higher learning.” (Article XIV, Sec.
5[2] of the 1987 Constitution)
It is a vital and necessary adjunct to cultural
progress
Academic freedom is not absolute and limited
on the grounds of:
1.contrary social interests or national polices;
2.restraints placed upon researchers and teachers
by their own views or beliefs that stand in the way
of a free search for and discussion of the truth;
3.rigid adherence to concepts and ideas that
sacrifice human personality and dignity; and
4.substantial and imminent danger to society
Some examples of national policies that express
interest in the cultural progress:
1.The policy guaranteeing free and open
enterprise in ideas and expressions wherever they
may tend and against acts and practices promotive
of or tending to promote monopoly in education.
2.The policy concerning the freedom and
encouragement of arts and letters.
3.The policy concerning the promotion and
maintenance of museums, archives, and libraries
containing the widest diversity of views and
expressions.
4.The policy concerning the flow of books,
magazines, and other cultural materials free from
trade or exchange controls normally imposed on
other articles and products of trade and
commerce.
 Chapter V: Functional Perspective
Moral Progress
What is moral progress?
It is not conformity to laws.
It is the enlargement of moral horizons in the
achievement of higher moral values and
standards.
Where is the social interest in moral progress
based on?
It is based on the idea that the enlightened
individual, not customary modes of decisions, is
the source of moral judgment.
Some examples of national policies that express
interest in moral progress:
1.The policy concerning the implementation of
the principle of social (ethical) justice.
2.The policies concerning the recognition of the
relation of social values to ethical values.
3.The policy against the exploitation of sexual
experience which distorts its true meaning and
endangers the culture of the people.
4.The policy against acts and practices that
prescribe and impose what shall be sound and
correct in morality and coerce anyone to rely on
them.
Economic Progress
“Democracy, as a way of life enshrined in the
constitution, embraces as its necessary
components freedom of conscience, freedom of
expression, and freedom in the pursuit of
happiness. Along with these freedoms are
included economic freedom of enterprise within
reasonable bounds and under proper control.”
(Guido v. Rural Progress Administration)
What is economic progress?
The continuous satisfaction of the economic
requirements of the people for the enjoyment of a
good and happy life.
Two factors of economic progress:
1.human control over things and over the forces
of nature, and
2.betterment of the machinery of economic
organization and administration
Some examples of national policies that express
interest in economic progress:
1.The policy concerning the provision for an
integrated program of construction and
maintenance of highways, railways, and feeder
roads from producing areas.
2.The policy against acts and practices destructing
of wholesome competition and promotive of or
tending to promote monopolistic combination.
3.The national policy on the proper use of
taxation as a means of equitable redistribution of
wealth.
4.The policy concerning raise in wages at a pace
equal or nearly equal to productivity and cost of
living.
Political Progress
What is political progress?
It deals with the formation, clarification, and
distribution of social values among the members
of society.
Some examples of national policies that express
interest in political progress:
1.The policy concerning the freedom to
participate and effect changes in the constitution
and in the improvement of laws, policies, and
functions of government.
2.The policy concerning the general right of the
people to accurate and free information and
against acts and practices restricting such right.
3.The policy concerning election or appointment
to any political or constitutional office regardless
of particular views on any social or religious
matter, except in work of a classified nature.
4.The policy concerning the mutual or reciprocal
separation of church and state as well as the
neutrality of the state in purely religious matters.
Social Interest in the General Aesthetics
What is the social interest in the general
aesthetics?
It refers to the concern of the people not only in
visual pleasure in art but also in appreciation of
the beauty of the environment and balance of
nature.
Two aspects of beauty and art:
1.subject
◦Considers the beauty and art as dependent
solely on the perception of the artist or observer.
 Chapter V: Functional Perspective
1.Objective
◦Works, objects, or things that are sincerely
considered and preferred as having artistic value.

Where is the social interest in general

aesthetics based on?

It is based on the concern of society against those

forms of acts and practices which impair the
balance of nature and those which hinder the
aesthetic possibilities and development of the
community.

Some examples of national policies that express

interest in general aesthetics:

1.The policy concerning the freedom to compose,

paint, draw, and design.
2.The policy concerning the orderly planning,
development, and maintenance of national and
municipal cultural centers, museums, art galleries,
legitimate stages, music, and symphony halls.
3.The policy concerning the orderly planning,
creation, and development of reserves of natural
beauty and pleasure grounds, including the
natural scenery and wildlife therein, as well as
arboterums, botanical gardens, zoos, and parks.
4.The policy concerning the assistance,
promotion, and patronage of fine and performing
arts, literature, and music.

Adjustment of Conflicting Interests

Since claims, demands, and expectations are

fluid and sometimes technical in character,
which then is the agency of the government
best qualified to ascertain, asses, and adjust
the competing interests necessary for the
public welfare?

1.The legislature is in the first instance the judge

of what is necessary for the public welfare.

Note: The measures formulated by the legislature

reflect the will of the community since measures
are based either on the people’s support or
opposition to certain proposal plans and programs
on which they have been elected.

2.Courts through judicial legislation.

Note: Courts can exercise judicial discretion only

when there are gaps in existing legislation, that is
to say a law is ambiguous or vague which for that
reason needs filling