THE POLICY SCIENCE PERSPECTIVE

56. YALE APPROACH

 Other factors:
o Need for peaceful procedures of competition without
 Liberty is a blessing without which life is a misery, but liberty compromising basic principle
should not be made to prevail over authority because the society o Consistent abuse and disregard of human rights and
will fall into anarchy. freedoms

 Neither should authority be made to prevail over liberty because it ** all these factors lend stark reality to the proposition that mankind must
would then result to slavery. now learn to order their relationship very well or face destruction.

 Alternative solutions to the problem of easing world tensions,

depend on a movement away from the value-free approaches of  ARNOLD TOYNBEE: believes that these factors are relevant and
legal positivism and legal realism. According to them, this material to a fresh concept of law as a means of social control.
approaches are unequal to the vast changes occurring in the world
today threatening the dislocation of human values.  Yale approach launched with a jurisprudence called “policy
science”
 Policy science approach: it can be simply expressed by the
affirmation that we simply cannot afford to have war.

 This calls for a fresh perspective of law and its role in the
realization of the title and interest of mankind in peace, order and
security.

 Three factors that emphasizes the urgency of a new approach to

the development of a legal system based on a scientifically
grounded jurisprudence capable of evaluating existing as well as
future legal norms

o Fission of the atomic nucleus

o Shift of the political focus of the world from Europe
towards Asia and the East
o Inescapable connection between national and international
problems and the equally unavoidable fact that these
problems have taken on the character of an ideological
conflict or struggle between communism and democracy.

57. POLICY SCIENCE
 Any guideline, strategy, or program concerning the creation,
clarification and realization of values.
 Advocates a particular methodology in the creation, clarification
and implementation of the values and goals of society by the
process of observation and evaluation of social experiences of the
people in the solution of particular policy issues and problems,
whether in the public or private sector.
58. POLICY SCIENCE JURISPRUDENCE
 This means that law, as an instrument of social ordering, can be
oriented to the systematic study of the formation, clarification and
realization of policy to achieve the goals of society.
 Emphasis in the legal order should be placed on the fuller and
systematic consideration of the ends of the law.
 Goal values indicates what the society seeks to achieve for itself
through its major structures and instruments of authority.
 GV are translated by means of policy guidelines.
 Observation of post policy science jurisprudence:
o Any philosophy or concept of law would be inadequate,
in the face of ever-changing socio-economic conditions, if
it does not or fails to take into account the goal values and
policy guidelines to which society is committed.
 The policy science school also underscores that if legal philosophy
is to succeed in providing norms for the criticism or evaluation of
THE POLICY SCIENCE PERSPECTIVE
the rules of positive law, whether subnational, national or
international, it must take into account the social values.
A. REACTION AGAINST REALISM IN LAW
o Policy science jurisprudence is a reaction to sparse
conception of the law as a mere body of technical
doctrines or simply a set of judicial precedents.
o For policy science school this is unacceptable because it
deprives the law of its rightful role in eliminating tensions
gripping of the world.
Identifiable confusions:
 Inability of policy makers to come to grips with the
simple but basic social values for the attainment of peace
and security.
(due to oversight of the profound changes that have
rocked social institutions and processes)
 Failure of many universities and colleges to awaken
students to the importance of education and training in the
social values.
(law should be considered as an instrument for the
complete achievement of [social value] that constitute the
professed ends a [democratic] policy.
o Universities and law schools are the traditional training
grounds of policy planners, policy makers and
government officials.
o The appropriate time for the training in the policy oriented
approach is during the legal education of the students by
awakening in them the reality that the law is a great deal
more than just rules, precedents, or common sense merely
that come into play only in the court room and in the law
office

B. MOVEMENT AWAY FROM ONTOLOGICAL
JURISPRUDENCE
o Legal positivists and realists believes in the supremacy of
law without regard to its goodness or badness does not
find acceptance in the jurisprudence of policy science.
o Lasswell and McDougal point out that the law is not
entirely based on what the courts will do or likely do in
fact.
o PSJ feels that the legal realism of Holmes and Gray that
there is yet no law until the courts have pronounced it puts
a limit on the legal ordering of society to just one
institution, the courts.
o This, for PSJ is destructive of the grand divisions or
branches of governmental powers (separation of powers)
and built in system of checks and balances.
Critique of Lasswell and McDougal would also fall the
philosophy of legal positivism undergirding the positivist
perspective of law.
 LEGAL POSITIVISM: this leads to strict uniformity
and regimentation of the legal order
 PSJ: for PSJ these connections or notions of the nature
and function of law are “myopic concerns which fail to
focus upon newer and in many instances, more effective
forms of organizations or alternative methods of
formulating and implementing public policy.
This means that without something more, onto logical
jurisprudence of the kind subscribed by Holmes & Gray
(LR) and Austin (LP) would be unequal to the call of the
present times for value creation, clarification and
realization.
THE POLICY SCIENCE PERSPECTIVE
o PSJ believes that this these theories of law are incapable
of solving the needs and the requirements of the present-
day ordering of the society.
o Alternative methods are as important as principal
solutions. Therefore, the quest for universal peace and
security, which humanity seeks for its own sake, the PSJ
posits the view that something more than the positivists
and realist theories of the nature of the law is necessary.
C. EMPHASIS ON THE RIGHTS OF MAN
o Emphasizes the rights and freedoms of man, namely right
to:
 Life
 Liberty
 Equality
 Property
 Education
 Free exercise of the spirit and mind
 Security
 Pursuit to happiness
o It is stated that one of the factors that calls for policy
oriented approach is the consistent abuse of human rights.
o PSA to the solution of the problem of peace and security,
utilizes the STOIC FORMULA.
o Stoic religious rationalism: there is only impersonal
relationship between man and his creator
o Christianity: there is purely personal or directly spiritual
connection between man and God, teaching the infinite
worth and value of human life, personality and dignity,
regardless of race or creed.
 THE POLICY SCIENCE PERSPECTIVE

D. MOVEMENT FOR THE UNIVERSAL RECOGNITION
OF SOCIAL VALUES
o There can be no law in the completeness of the concept
without value content.
o The policy oriented approach is thus a science of social
values upon which the law must rest.
o This juristic school may be regarded as an extension of
the functional jurisprudence of Pound. However, they
differ somehow in their respective approaches.
o Policy science approach is a jurisprudence of survival of
humanity through the universal identification and
recognition of the social values.
o But when the universal identification and recognition of
the basic social values shall have been accomplished,
then the interest of the State in war will have disappeared
also, just as social slavery was contained when the
thinking of man on its wickedness and impiety had
become universal or nearly universal.

o Policy science is away from isolationism characteristic of

the interests of particular societies.

o How a state control its people, how it manages its

institutions of social and legal controls, how it formulates
its foreign policy for peace and war, and how it regulates
and controls political parties, pressure groups and private
associations, may affect vitally the practice of other states
on these matters and their willingness to provide
adequate measures of cooperation.

o PSJ seeks the universal identification of social values,

their promotion, recognition and enjoyment by all men
everywhere.

This takes into account the recognition of the matters that

divide or tend to divide men and nations, or create
tensions between them. Such, aids in filling in or bridging
over the gap of misunderstanding. NO ROOM FOR
SELFISH AND NARROW NATIONALISM, NOR
REASON FOR A BIG STATE TO BE SUPERIOR TO
THE HUMAN COMMUNITY.
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59. THE POLICY PROCESS AND PROBLEMS ABOUT

VALUES

 STEPS:
o VALUE CREATION: (problem) legal order is not in
position to recognize or realize all human desires at the
same time.
The issue is whether there are some human desires that
are, always and everywhere, better than others.

o VALUE CLARIFICATION: in case articulation by and

through the structures and instruments of authority may
not agree or correspond with each other. Task of
reassessing the worthfulness of human desires in terms of
their meaning and desires in human society.

o IMPLEMENTATION OF THE SOCIAL VALUES:

involves two aspects:

 The implementation must produce consistent,

compatible and principled results.
 Preparation of options or alternatives especially
when there is variance between strategies and
programs to achieve the social values.

 BASIC SOCIAL VALUES ARE:

 Power
 Knowledge or enlightenment
 Respect
 Income or wealth
 Safety and health
 Liberty
 Equality

They embrace the whole of our present day democratic

preferences for a peaceful world.

60. THE SOCIAL VALUE “POWER”
 Is a political mechanism for the good of society
 It reflects the will and choice of people as a whole and not
just the narrower interests and prejudices of the leader or
some vested and elitist groups.
A. FORMS OF AUTHORITY AND FACTS OF CONTROL
o Refers to the distribution of the exercise of this social
value in a politically organized society.
o GOVERNMENT: whether national or local
PRESSURE ORGANIZATIONS: whether they are
political parties, religious groups, professional civic
organizations or labor unions.
PRIVATE BUSINESS ENTERPRISES: whether
these business enterprise are “in full control of the
market” or not.
CULTURAL ORGANIZATION: like fraternal,
educational and scientific groups.
o PSJ points out that the “facts of control” must be true
not only in name, in the formal principles laid down
in the constitution, but in fact as well.
o Chief among the facts of control power of the people
are:
 Making and changing the fundamental law
of the land whenever there is need for
change
THE POLICY SCIENCE PERSPECTIVE
 Making and changing laws and influencing
such of important decisions whether directly
or not
 Expressing its will periodically in free and
genuine elections by means of the secret
ballot and not by block voting
 Criticizing public men, public officials and
public acts in a manner consistent with truth
and decency
 Holding all officials of the government
responsible for misconduct and inefficiency
in office
 Expressing, formulating, reading and
publishing both orthodox or popular and
unorthodox or unpopular, but not
conspiratorial matters, ideas and opinions.
B. ASPECTS AND REFERENCES
 ASPECTS:
 Capacity to secure and maintain the
fundamental human rights.
- Emphasizes that struggle to secure the
recognition of the primal human rights.
 Competence to share in the making of policy
of private groups or organizations
- Recognizes the reality that at the present
time private groups, such as political,
church, business, fraternal and labor
organizations, on the basis of their
particular types of patriotism or interest,
have a great deal to do in the formation
of important policies which affect the
entire community even though the
majority of the people might be opposed
to it silently.
 THE POLICY SCIENCE PERSPECTIVE

 Capacity to participate in the making of

important public decisions without any
political or religious interference.
- Highlights the great and inalienable
prerogative of the people over the
government.
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61. THE SOCIAL VALUE “KNOWLEDGE”

 Aristotle observed that “all men by nature desire to PARTICULAR ASPECT:

know”. o Two distinct meanings:
 It signifies the emancipation of the masses
 Man has an inclination for knowledge and through education and the ever increasing
englightenment. training and instruction at all levels according to
talent and ambition.
 One of the basic manifestations of deference to
human beings is to give full weight to the fact that In this sense, the STATE has the right to
they have minds. regulate, supervise and aid in the education of
adults and children for civic duties,
 Ignorance then is nothing more than the result of lack responsibilities of citizenship and human
of enlightenment and skills. relations.

A. PURPOSIVE FORMS But regardless of capability and level of training,

o As a social value, “knowledge” has two basic purposes: due emphasis must be given to character
 to dispel misunderstanding education and the moral needs of the human
 to eradicate ignorance personality.

 Cognition and appreciation of how democratic

GENERAL ASPECT: ways and processes work, and having found how
they work, how they can be continued to work
o “KNOWLEDGE”, means widespread understanding better.
among people of different cultures and backgrounds.

o Comprises the freedom in the pursuit of truth, wherever it

may end or tend.

o This aspect of social value “knowledge” leads to one very

important point, at once social and legal in implications,
and that is the maintenance of the right to think and right
of private judgement.

o Person is allowed or given every opportunity to think and

decide for himself that there is freedom of thought and
freedom from thought control.
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