Theories

Thus, the issue is

whether or not it is just that the people and the environment suffer for the sake of the millions in

Manila.

While Rawls offer to return to the Original Position as it is a device used to reach equilibrium, however
we are of the view that justice requires more than an objectivity. Sen contemplates of an approach that
evaluates existing advantages in comparison to others.

Using a comparative approach reveals certain unjust practices towards others which may have been

previously hidden and eventually leads to a better understanding of justice.

Thus, in evaluating the overall justness of the Kaliwa Dam project requires not only the
perspective of the affected people in the Metro Manila but also of those directly affected by the
construction of the dam.

To be able to truly fulfill the demands of justice requires to seek beyond the immediate self and
to look outwards. The above discussion shows that the dam does not offer a solid solution in water
shortage in Metro Manila. In view of the many grave and adverse effects, Kaliwa Dam must not

prosper.

Furthermore, using the Policy Science perspective, the law must not be rigid but operational
because according to Michael Reisman, “the picture produced by control institutions does not
correspond, point for point, with the actual flow of behavior of those institutions in the performance of
their public function.” The law must be interpreted in such a way that affords justice to those not
initially included in “the picture” by way of exceptions which jurisprudence is replete of. This is clear in
the cases of Resident Marine Mammals and Paje where the Courts upheld justice by liberalizing the law
for the sake of the environment. Thus, the Kaliwa River Coalition prays that justice also be achieved for
the rivers, plants, animals, and people set to be adversely affected by the project.

In reiteration, the Kaliwa River Coalition prays that the Writ of Kalikasan be issued against
government for the Kalwa River Dam Project for the sake of the environment and all living things that is
threatened to be injured by the project.
 Amartya Sen. A theory of Justice. “enhancing justice and removing injustice”
Social justice through comparative approach
- Actual behavior of people rather than presuming compliance by all with
ideal behavior
the dominant approach, which he refers to as ‘transcendental
institutionalism’, is beleaguered by two central problems:
1. the problem of feasibility and the
2. problem of redundancy
many principles that can pass the test of impartiality
example: One child argues that they should receive the flute because they are
the best flautist; principles of utility
the second, because they are the poorest of the lot; , economic equity,
and the third, because they crafted the flute without help from the others. entitlement
to the fruits of one’s unaided efforts

rationality of choice is primarily a matter “of basing our choices—explicitly or by implication—on

reasoning that we can reflectively sustain if we subject them to critical scrutiny”

equal liberty for all, fair equality of 
opportunity, and material differences to be justified only on the basis that they 
benefit the least advantaged.  

 Niti refers to correct procedures,  formal rules, and institutions; nyaya
is a broader, more inclusive concept that 
looks to the world that emerges from the institutions we create, rather than 
focusing directly on the institutions themselves.