JOHN RAWLS’ THEORY OF JUSTICE AS FAIRNESS TO THE

HOUSE BILL NO. 8858

_______________

A Thesis Proposal
Submitted to the Faculty of Philosophy of the
Rogationist Seminary College-Cebu
Punta Princesa, Cebu City

_______________

In Partial Fulfillment
Of the Requirements for the Degree
BACHELOR OF ARTS IN PHILOSOPHY

_______________

By:

SEM. FRANCIS B. BANGALANDO

February 2021
 TABLE OF CONTENTS

CHAPTER I: THE PROBLEM AND ITS SCOPE

INTRODUCTION 1

Rationale of the Study

THE PROBLEM 3

Statement of the Problem

SIGNIFICANCE OF THE STUDY 3

SCOPE AND DELIMITATION 4

RESEARCH METHODOLOGY 5

DEFINITION OF TERMS 6

CHAPTER II:
THEORETICAL FRAMEWORK AND
REVIEW OF RELATED LITERATURE

Theoretical Framework 13
Review of Related Literature 16

APPENDICES

BIBLIOGRAPHY i
 1

Chapter 1

THE PROBLEM AND ITS SETTING

1.1 Rationale

The children are the hope of the future generation. However, in the present,
children encounter various obstacles in life, especially poverty, abuses, criminality, and
injustices. These problems are the main causes for juvenile delinquency in the society.

In general, youths can be charged with two types of wrongdoing: juvenile

delinquency offenses, which are criminal acts (e.g., auto theft, forcible rape, etc.) for
which they would be held accountable if they were adults, and status offenses, which are
illegal only for juveniles.1

Juvenile delinquency is rampant among different areas, particularly in the

urbanized and populated cities.2 Juvenile delinquents are classified as children in conflict
with the law.3 According to the Philippine National Police Women and Children
Protection Center, the number of juvenile delinquents in the Philippines increased from
10,388 in 2017 to 11, 228 in 2018, with physical injury as the most committed crimes by
minors.4 In the current situation, juvenile delinquency is a frightening phenomenon
among minors and adults.

1
Wesley T. Church, David W. Springer, and Albert R. Roberts, Juvenile Justice Sourcebook, 2nd
Edition, (New York: Oxford University Press, 2014), 5.

2
Rovin James Canja, “Reforming the Juvenile Justice System in the Philippines,” Academia,
Accessed Date November 23, 2020, https://www.
Academia.edu/29152959/REFORMING_THE_JUVENILE_JUSTICE_SYSTEM_IN_THE_PHILIPPINES
.

3
House of Representatives, House Bill No. 8858, Seventeenth Congress, Third Regular Session,
January 23, 2019, 2. https://www.congress.gov.ph/legisdocs/third_17/HBT8858.pdf.

4
Desmond Ng and Lolita Lachica, “The Philippines’ Little Delinquents, Committing Some of the
Most Brazen Crimes,” CNA Insider, May 25, 2019,
https://www.channelnewsasia.com/news/cnainsider/philippines-problem-children-committing-brazen-
juvenile-crimes-11563464.
 2

Meanwhile, the latest approved house bill on juvenile justice, which is the House
Bill No. 8858, recommends the lowering of the minimum age of social responsibility
from 15 years old to 12 years old. 5 As provided under House Bill No. 8858, children in
conflict with the law would not spend jail time but would be treated in youth facilities
called “Bahay Pag-Asa.”6 Unfortunately, instead of receiving intervention, many young
offenders are continuing their crime spree. The main problem is that many city
governments are failing to comply with the establishment of a rehabilitation shelter or
“Bahay Pag-Asa.”7

On the other hand, justice is an essential element in implementing and

strengthening the judiciary system in the society. For John Rawls, an American
philosopher, justice is the first virtue of social institutions. 8 The primary subject of justice
is the basic structure of society, or more exactly, the way in which the major social
institutions distribute fundamental rights and duties.9

Rawls’ underlying conviction is that a just or fair political order is one that
provides opportunities for everyone to live a happy and fulfilled life.10

Additionally, the two principles of Rawls’ Theory of Justice as Fairness are: 1.

Each person is to have an equal right to the most extensive liberty compatible with a
similar liberty for others; and 2. Social and economic inequalities are to be arranged so
that they are both (a) to the greatest benefit of the least advantaged, and (b) attached to
positions and offices open to all under conditions of fair equality of opportunity.11
5
Jose Cielito Reganit, “House Approves Bill Lowering Age of Social Responsibility to 12,”
Philippine News Agency, January 28, 2019, https://www.pna.gov.ph/articles/1060324.

6
Ibid.

7
Ibid.

8
John Rawls, A Theory of Justice (Cambridge: Harvard University Press, 1971), 3.

9
Ibid., 7.

10
Ian Adams and R.W. Dyson, Fifty Major Political Thinkers (London: Routledge, 2002), 180.

11
Ibid.
 3

By using these two principles, the researcher aims to establish a solid evaluation
in fortifying the provisions of the House Bill No. 8858. With the help of these principles,
the researcher will construct feasible answers toward inadequate distribution of financial
resources, facilities or equipment, and programs for rehabilitation of minors.

Nevertheless, the primary intention of this study is to understand the House Bill
No. 8858 in the light of John Rawls’ Theory of Justice as Fairness. By using the political
theory of John Rawls, the researcher will be guided to evaluate the gaps and problems in
the provisions of the House Bill No. 8858. Lastly, the researcher seeks to present the
important elements in Rawls’ Theory of Justice as Fairness in examining the House Bill
No. 8858.

1.2 Statement of the Problem

This study aims to understand the House Bill No. 8858 in the light of John Rawls’
Theory of Justice as Fairness. To be guided in the achievement of the aim of the study,
the following objectives will be undertaken:

1. To expose the important elements of John Rawls’ Theory of Justice as Fairness.

2. To present the nature of the House Bill No. 8858.
3. To evaluate the nature of the House Bill No. 8858 and to determine the gaps,
particularly the lowering of the age of criminality and the establishment of the
Bahay Pag-Asa in the light of John Rawls’ Theory of Justice as Fairness.

1.3 Significance of the Study

Juvenile rights are important in the society. Each human person is entitled to
exercise their civil and political rights truthfully. In a political society, citizens are
expected to behave well. It is important to value peace and order in the state. Thus,
citizens, especially juveniles have an inherent right in promoting the well-being of others.

Further, the researcher finds the importance of John Rawls’ Theory of Justice as
Fairness to the House Bill No. 8858. This research is an exposition on how John Rawls’
 4

Theory of Justice as Fairness evaluates the provisions in the House Bill No. 8858. Thus,
the researcher is tasked to present a profound understanding of Rawls’ Theory of Justice
as Fairness in the society.

Furthermore, this study will benefit community youth centers in the proper
assessment and rehabilitation of the child in conflict with the law. The researcher also
anticipates the beneficial impact of the study towards the law-makers, social workers, law
enforcers, counselors, church workers, religious organizations, and most especially to
parents and guardians. It is important to recognized various legal experts and close-
knitted acquaintances in this study. Likewise, each citizen has a role to follow and
observe to promote peace, justice, and order in the society. Besides, it will also uplift the
morale of the youth to become ethical and respectable individuals in the society. As the
hope of the future, the youths are agents of the new generation. Thus, through this
research, the researcher is tasked to provide a peculiar element on how the Juvenile
Justice System in the Philippines be fortified and strengthened.

This research will also serve as a good reference for those students who want to
know more about the philosophy of John Rawls regarding Justice as Fairness. Thus, the
researcher aims to offer relevant information to all for a better understanding of the
House Bill No. 8858. Lastly, this study will serve as a reference for future researchers
who wish to undergo similar or related studies.

1.4 Scope and Delimitation

This study gives its emphasis on the two variables that serve as the main topic of
this research, namely: John Rawls’ Theory of Justice as Fairness and the House Bill No.
8858. Further, the researcher’s main focus is on John Rawls’ Theory of Justice as
Fairness to the House Bill No. 8858.

With regard to John Rawls’ philosophy, the researcher will focus more on his
Theory of Justice as Fairness as a tool in understanding the significant provisions and
gaps in the House Bill 8858. The researcher will also incorporate other concepts from
Rawls’ political books, so that this research will be comprehensible to the readers.
 5

Gaining such ideas imminent from John Rawls, will enable this study to be logical and
clear to the minds of the people. Thus, in this study, the researcher aims to establish a
solid foundation on John Rawls’ theory of justice, which is Justice as Fairness.

Additionally, the researcher will provide substantial ideas in the provisions of the
House Bill No. 8858 that offer specific judicial process on the offense of the children in
conflict with the law. The researcher will also delineate laws that are connected to the
Juvenile Justice Welfare and Development among youths and children, namely: Republic
Act 9344 otherwise known as the Juvenile Justice and Welfare Act of 2006 and Republic
Act 10630, that highlight some essential ideas toward juvenile justice system in the
Philippines.

Lastly, putting such scope and limit in this study, the researcher hopes to have a
clear understanding and logical presentation of John Rawls’ Theory of Justice as Fairness
to the House Bill No. 8858.

1.5 Research Methodology

This is a qualitative study that uses an interpretive analysis, exposition, and

evaluation in understanding the main theme of this research which is John Rawls’ Theory
of Justice as Fairness to the House Bill No. 8858. This method will be used to examine
the significant elements in both variables which are John Rawls’ Theory of Justice as
Fairness and the House Bill No. 8858.

In order to present the entire study, the researcher needs ample sources on the two
variables that will serve as a major theme of this study. Regarding the first variable, the
researcher puts its dependency on the books of John Rawls, especially on the book
entitled, “A Theory of Justice.” In addition, the researcher will also delve with the other
books of Rawls that talks about his Theory of Justice as Fairness. On the other hand, to
present the provisions of the House Bill No. 8858, the researcher will read the ideas
coming from the Republic Act 9344, Republic Act 10630, and other documents with
regard to the Juvenile Justice System in the Philippines. The researcher will also present
significant documents that underline the promotion of juvenile justice among youths.
 6

Thus, to highlight the intention of the researcher, the entire study presents its
concern on John Rawls’ Theory of Justice as Fairness to the House Bill No. 8858 through
an interpretive analysis.

1.6 Definition of Terms

To better understand clearly the study, the researcher defines the following terms.

Abuse refers to any action that intentionally harms or injures another person.12

Bail refers to the security given for the release of the person in custody of the law,
furnished by him/her or a bondsman, to guarantee his/her appearance before any court.13

Bahay Pag-Asa refers to a 24-hour child caring institution established, funded,

and managed by the Department of Social Welfare and Development (DSWD) and
licensed and/or accredited non-government organizations (NGOs) providing short-term
residential care for children in conflict with the law who are twelve (12) years of age and
above but below eighteen (18) years of age who are committed for rehabilitation or
awaiting court disposition of their cases or transfer to other agencies or jurisdiction14

Best Interest of the Child refers to the totality of the circumstances and
conditions most congenial to the survival, protection and feelings of security of the child
and most encouraging to the child’s physical, psychological, and emotional development.
It also means the least detrimental available alternative for safeguarding the growth and
development of the child.15

12
Natasha Tracy, “What is abuse? Abuse Definition,” Healthy Place, Accessed Date February 1,
2021, https://www.healthyplace.com/abuse/abuse-information/what-is-abuse-abuse-definition.

13
Congress of the Philippines, Juvenile Justice and Welfare Act of 2006, House No. 5065,
Thirteenth Congress, Second Regular Session, Approved April 28, 2006, 3,
https://www.officialgazette.gov.ph/2006/04/28/republic-act-no-9344-s-2006/.

14
House of Representatives, House Bill No. 8858, 1.

15
Juvenile Justice and Welfare Act of 2006, 3.
 7

Child refers to a person under the age of eighteen (18) years.16

Child Abuse refers to any forms of maltreatment performed by a parent or

caregiver, whether through action or failing to act, causes injury, death, emotional harm
or risk of serious harm to a child. This includes physical abuse, sexual abuse,
exploitation, and emotional abuse.17

Children at Risk refers to children who are vulnerable to and at the risk of
committing criminal offenses because of personal, family, and social circumstances.18

Child in Conflict with the Law refers to a child who is alleged as, accused of, or
adjudge as, having committed an offense under Philippine laws.19

Child Protection Policy refers to the organizational commitment to protect

children from abuse, exploitation, and organization negligence.20

Child Rights refers to the privileges of a child in the society. This includes the
right to health, education, family life, play and recreation, adequate standard of living,
and to be protected from abuse and harm.21

Community-Based Program refers to the program provided in a community

setting developed for purposes of intervention and diversion, as well as rehabilitation of

16
Ibid.

17
Childhelp, “What is Child Abuse,” Accessed Date February 1, 2021,
https://www.childhelp.org/child-abuse/#:~:text=Child%20abuse%20is%20when%20a,abuse%2C%20explo
itation%20and%20emotional%20abuse.

18
Juvenile Justice and Welfare Act of 2006, 4.

19
Ibid.

20
Future Hope, “Child Protection Policy,” Accessed Date February 1, 2021,
https://www.futurehope.net/assets/files/Governance/FH%20Child%20Protection%20Policy_May
%202016.pdf.

21
Children’s Rights Alliance, “What are Children’s Rights?”, Accessed Date February 1, 2021,
https://childrensrights.ie/childrens-rights-ireland/childrens-rightsireland#:~:text=Children%27s%20rights%
20include%20the%20right,as%20a%20child%20grows%20up.
 8

the child in conflict with the law, for reintegration into his/her family and/or
community.22

Court refers to a family court or, in places where there are no family courts, any
regional trial court.23

Deprivation of Liberty refers to any form of detention or imprisonment, or to the

placement of a child in conflict with the law in a public or private custodial setting, from
which the child in conflict with the law is not permitted to leave at will by order of any
judicial or administrative security.24

Diversion refers to an alternative, child-appropriate process of determining the

responsibility and treatment of a child in conflict with the law on the basis of his/her
social, cultural, economic, psychological or educational background without resorting to
formal court proceedings.25

Diversion Program refers to the program that the child in conflict with the law is
required to undergo after he/she is found responsible for an offense without resorting to
formal court proceedings.26

Fairness refers to the quality of treating people equally or in a way that is right or
reasonable.27

Initial Contact with the Child refers to the apprehension or taking into custody
of a child in conflict with the law by a law enforcement officers or private citizens.28
22
Juvenile Justice and Welfare Act of 2006, 4.

23
Ibid.

24
Ibid., 5.

25
Ibid.

26
Ibid.

27
Cambridge Dictionary, s.v. “Fairness,” Accessed Date November 12, 2020,
https://dictionary.cambridge.org/us/dictionary/english/fairness.
28
Juvenile Justice and Welfare Act of 2006, 5.
 9

Intervention refers to a series of activities designed to address issues that cause

the child to commit an offense. It may take the form of an individualized treatment
program, which may include counseling, skills training, education, and other activities
that will enhance his/her psychological, emotional, and psycho-social well-being.29

Justice refers to the first virtue of social institution. The primary subject of justice
is the basic structure of society or more exactly, the way in which the major social
institutions distribute fundamental rights and duties and determine the division of
advantages from social cooperation.30

Justice as Fairness refers to the idea that the principles of justice are agreed to in
an initial situation that is fair.31

Juvenile Justice and Welfare System refers to a system dealing with children at
risk and children in conflict with the law, which provides child-appropriate proceedings,
including programs, and services for prevention, diversion, rehabilitation and aftercare to
ensure their normal growth and development.32

Law Enforcement Officer refers to the person in authority, including a barangay

tanod.33

Minor refers to a person who is under a certain age of legality. Generally, it

means a person under eighteen years of age.34

29
Ibid.

30
John Rawls, A Theory of Justice, 7.

31
Ibid., 12.

32
Juvenile Justice and Welfare Act of 2006, 5.

33
Ibid., 6.
34
Law Insider, s.v. “Minor Children,” Accessed Date February 1, 2021,
https://www.lawinsider.com/dictionary/minor-children.
 10

Offense refers to any act or omission whether punishable under special laws or
the Revised Penal Code, as amended. It includes violations of traffic laws, rules and
regulations, and ordinances of local government units.35

Original Position refers to the appropriate initial status quo, and thus the
fundamental agreements reached in it are fair.36

Recognizance refers to an undertaking in lieu of a bond assumed by a parent or

custodian who shall be responsible for the appearance in court of the child in conflict
with the law, when required.37

Rehabilitation refers to the set of interventions designed to optimize functioning

and reduce disability in individuals with health conditions in interaction with their
environment.38

Restorative Justice refers to a principle which requires a process of resolving

conflicts with the maximum involvement of the victim, the offender and the community.
It seeks to obtain reparation for the victim; reconciliation of the offender, the offended
and the community; and reassurance to the offender that he/she can be reintegrated into
society. It also enhances public safety by activating the offender, the victim, and the
community in prevention strategies.39

Status Offenses refers to offenses which discriminate only against a child, while
an adult does not suffer any penalty for committing similar acts. These shall include
curfew violations, truancy, parental disobedience and the like.40

35
Juvenile Justice and Welfare Act of 2006, 6.

36
John Rawls, A Theory of Justice, 12.

37
Juvenile Justice and Welfare Act of 2006, 6.

38
World Health Organization, “Rehabilitation,” October 26, 2020, https://www.who.int/news-
room/fact-sheets/detail/rehabilitation.

39
Juvenile Justice and Welfare Act of 2006, 6.
40
Ibid.
 11

State of Nature refers to the real or hypothetical condition of human beings

before or without political association.41

Veil of Ignorance refers to the situation that no one knows his place in society,
his class position or social status, nor does any know his fortune in the distribution of
natural assets and abilities, his intelligence, strength, and the like.42

Youth refers to those persons between the ages of 15 and 24 years. 43

Youth Detention Home refers to a 24-hour child-caring institution managed by

accredited LGUs and licensed accredited NGOs providing short-term residential care for
children in conflict with the law who are awaiting court disposition of their cases or
transfer to other agencies or jurisdiction; also referred as “Youth Home.”44

Youth Rehabilitation Center refers to a 24-hour residential care facility that

provides children in conflict with the law with care, treatment and rehabilitation services
under the guidance of trained staff where children in conflict with law on suspended
sentence, or “residents,” are cared for under a structured therapeutic environment with the
end view of reintegrating them in their families and communities as socially functioning
individuals; also referred as “Youth Center.”45

Victimless Crimes refers to offenses where there is no private offended party.46

41
Encyclopaedia Britannica, s.v. “State of Nature,” accessed November 12, 2020,
https://www.britannica.com/topic/state-of-nature-political-theory.

42
John Rawls, A Theory of Justice, 7.

43
United Nations, “Youth,” Accessed Date February 2, 2021, https://
www.un.org/development/desa/youth/what-we-do/faq.html.

44
Juvenile Justice and Welfare Act of 2006, 6.

45
Ibid.,7.
46
Ibid.
 12

Chapter 2

THEORETICAL FRAMEWORK AND REVIEW OF RELATED LITERATURE

2.1 Theoretical Framework

John Rawls held that justice is the first virtue of social institutions and that the
good of the whole society cannot override the inviolability of the dignity of each person.47
According to Rawls, during much of modern moral philosophy the predominant
systematic theory has been some form of utilitarianism.48

When utilitarianism was introduced by the English philosopher Jeremy Bentham

in the late eighteenth century, it was a striking philosophical doctrine. 49 Those who were
deeply unsatisfied with utilitarianism provided an alternative called intuitionism. 50 The
basic understanding about intuitionism is that intuitions in such cases are revealing to the
basic structure of morality.51

By these philosophical doctrines, Rawls began to work on his Theory of Justice as

Fairness that he merely attempted “to generalize and carry to a higher order of abstraction
the traditional theory of the social contract as represented by Locke, Rousseau, and
Kant.”52

47
John Rawls, A Theory of Justice, 3.

48
Ibid.

49
Frank Lovett, Rawls’s A Theory of Justice: A Reader’s Guide, (New York: Continuum
International Publishing Group, 2011), 6.

50
Ibid.

51
Ibid.

52
Ibid., 7.
 13

On the other hand, Locke’s political theory was based on social contract. This
explains that individuals would agree to unite into a community for the purpose of
defending one another’s rights.53

Additionally, Jean-Jacques Rousseau believed that what makes human beings

genuinely human is not our capacity for reason, but rather it is our capacity for moral
choice. Rousseau is clear that it is not possible for men to return to the freedom of the
state of nature, but it is possible, he insisted, to exchange that freedom for the freedom of
the citizen.54 Men can live in freedom if they live according to rules, they made
themselves. This explains Rousseau’s infamous and chilling remarks about those who
refuse to obey the law are being “forced to be free.”55

Moreover, the key to Kant’s moral and political philosophy is his conception of
the dignity of the individual.56 This dignity confers the individual person as an intrinsic
worth, a value sui generis that is above all prices and admits no-equivalent.57 It is the
source of one’s innate right to freedom and from this right to freedom follows all other
rights, including one’s legal and political rights.58 For Kant, justice is therefore the
aggregate of conditions under which the will of one person can be conjoined with the will
of another in accordance with a universal law of freedom.59

Accepting those philosophies coming from various philosophers, John Rawls led
and made into existence his major philosophical work; The Theory of Justice as Fairness.

53
Ibid., 50.

54
Ibid., 62.

55
Ibid.

56
John Ladd, Immanuel Kant Metaphysical Elements of Justice, (Indianapolis: Hacket Publishing
Company, Inc., 1999), xv.

57
Immanuel Kant, Foundations of the Metaphysics of Morals, Trans. Lewis W. Beck, Library
Arts, No. 113 (New York: Liberal Arts Press, 1959), 53.

58
John Ladd, Immanuel Kant Metaphysical Elements of Justice, xv.

59
Ibid., 30.
 14

This philosophy is a rehabilitation of the old explanatory device of the social contract. In
short, John Rawls’ Theory of Justice as Fairness is in itself a kind of social contract.

John Rawls states that, “A just is one whose characteristics conform to normative
rules that everyone would agree.” 60 Likewise, he introduces the fundamental principle
that every individual is inviolable. He added, “Each person possesses and inviolability
founded on justice that even the welfare of the state cannot override. 61
Therefore, the
rights secured by justice are not subject to political bargaining or to the calculus of social
interest.”62

In the formation of Rawls’ Theory of Justice as Fairness, he puts emphasis on the

two basic principles of justice, that is: the equal liberty principle and the difference
principle.63 In the equal liberty principle, he puts emphasis on the equal access to the
basic human needs, rights, and liberties. 64 In the difference principle, Rawls emphasizes
the idea of fair equality of opportunity and the equal distribution of socio-economic
inequalities.65 Subsequently, in the difference principle, Rawls made to existence his
Theory of Justice as Fairness, which maximizes the minimum prospects of individuals.

According to Justice as Fairness, the most reasonable principles of justice are

those that would be the object of mutual agreement by persons under fair conditions. 66
Justice as Fairness thus develops a theory of justice from the idea of social contract.
Further, Justice as Fairness is achieved through the notions of original position and veil

60
PHILO-notes, “John Rawls’ Theory of Justice- PHILO-notes,” July 3, 2020, YouTube Video,
8:23, https://www.youtube.com/watch?v=EM5G-cXH_9M.

61
Ibid.

62
Ibid.

63
Ibid.

64
Ibid.

65
Ibid.

66
Ibid.
 15

of ignorance.67 In the original position, individuals agree on specific social rules and
institutions. Likewise, in the veil of ignorance, individuals choose the basic structure of
society that they thought is just.68

Consequently, in line with this, the researcher believed that John Rawls’ Theory
of Justice as Fairness is essential in evaluating the provisions of the House Bill No. 8858.

2.2 Review of Related Literature

In this part of the research, the researcher intends to present different sources that
can be of help in presenting the two variables of his study namely: John Rawls’ Theory of
Justice as Fairness and House Bill No. 8858. The researcher seeks to present the related
books that are relevant to its primary sources in an easy and simple way.

John Rawls’ Theory of Justice as Fairness is an essential political theory in the

society. His conception of Justice as Fairness is a vital instrument in the promotion of
peace and order in the community. Various writers analyze and simplify Rawls’ Theory
of Justice as Fairness. In her book John Rawls, Catherine Audard examined Rawls’ moral
philosophy and its core thesis, the primacy of justice, the complex relation between
Rawls’ views and utilitarianism, and his most famous concept, the Original Position
Device.69 In the book A Companion to Rawls, Jon Mandle and David A. Reidy presented
Rawls’ moral and political philosophy, his distinctive methodological commitments, and
his relationships to the history of moral and political philosophy.70

Moreover, to have a basic understanding about Rawls’ political theory, Frank

Lovett’s Rawls’ ‘A Theory of Justice’: A Reader’s Guide offers a concise and accessible
guide about Rawls. Written specifically to meet the needs of students coming to Rawls

67
Ibid.
68
Ibid.

69
Catherine Audard, John Rawls, (New York: Routledge, 2014), 1.

70
Jon Mandle and David A. Reidy, A Companion to Rawls, (United Kingdom: John Wiley &
Sons, Inc., 2014), 1.
 16

for the first time.71 Then, in Donald Moon’s John Rawls: Liberalism and the Challenges
of Late Modernity presents a more complete understanding of Rawls’ legacy by setting
his account of social justice in the context of modern and increasingly pluralistic
democracies.72

Further, other writers also applied Rawls’ political theory in various studies. In
Erin Cline’s Confucius, Rawls, and the Sense of Justice offers a comparative study of the
capacity for a sense of justice in Confucius’ Analects and Rawls’ Theory of Justice as
Fairness. Besides, she discusses the contemporary relevance and application of their
insights in the society.73 Likewise, Paul Clements, in his Rawlsian Political Analysis:
Rethinking the Microfoundations of Social Science developed a morally grounded model
of political and social analysis as a critique on both neoclassical economics and rational
choice theory.74 He argued that one’s ideas of right contribute independently to one’s
practical decisions.75

On the other hand, Juvenile Justice System is important in the society. It deals
with the judicial process of various juvenile delinquents in the country. The House Bill
No. 8858 deals with the juvenile delinquents and rehabilitative process among minors.
Numerous rehabilitative interventions are done in order to assess juvenile offenders in the
community. Moreover, many handbooks were published in order to guide citizens about
the nature of juvenile justice. To start with is the Juvenile Justice Sourcebook. This book
explores topics ranging from innovative counseling and multisystemic programs, to
restorative justice, to rehabilitation programs such as aggression replacement training,

71
Frank Lovett, Rawls’s ‘A Theory of Justice’: A Reader’s Guide, 12.

72
J. Donald Moon, John Rawls Liberalism and the Challenges of Late Modernity, (United
Kingdom: Rowman & Littlefield, 2014), 10.

73
Erin M. Cline, Confucius, Rawls, and the Sense of Justice, (New York: Fordham University
Press, 2013), 2.

74
Paul Clements, Rawlsian Political Analysis Rethinking the Microfoundations of Social Science,
(Indiana: University of Notre Dame Press, 2012), 2.

75
Ibid.
 17

wilderness programs, family treatment, substance abuse treatment, restitution, and

aftercare.76

Next is the International Handbook of Juvenile Justice. This book deals with the
recent developments of juvenile justice in foreign countries that were leading toward an
ever more punitive system in juvenile justice. 77 Then, in A Handbook for Evidence-Based
Juvenile Justice Systems offers a strategy which recognizes effective intervention
programs that are capable of reducing the recidivism of those juveniles at risk for further
delinquency.78 Finally is the Juvenile Justice Training Manual for Law Enforcers. This
book provides police trainers in the Philippines with a tool that would allow them to
make their colleagues aware of the existence of international standards for human rights
protection in administering juvenile crimes.79

In addition, some authors also highlight the value of child development in the
society. This means that a child is on the process of maturity and adulthood. A juvenile
offender should be assessed as a child. In the book Judging Children as Children: A
Proposal for a Juvenile Justice System, the author made a compelling argument for a
better system of justice that recognizes the mental, emotional, and physical abilities of
young people.80 Likewise in Youth, Crime and Justice, the author took a critical approach

76
Wesley T. Church II, David W. Springer, and Albert R. Roberts, Juvenile Justice Sourcebook,
xi.

77
Josine Junger-Tas and Scott H. Decker, International Handbook of Juvenile Justice, (New York:
Springer, 2008), ix.

78
James C. Howell, Mark W. Lipsey, and John J. Wilson, A Handbook for Evidence-Based
Juvenile Justice Systems, (United Kingdom: Lexington Books, 2014), 30.

79
Philippine National Police, Office of the High Commissioner for Human Rights, and United
Nations Children’s Fund, Juvenile Justice Training Manual for Law Enforcers: Child Rights Training
Volume One, vii.

80
Michael A. Corriero, Judging Children as Children A Proposal for a Juvenile Justice System,
(Philadelphia: Temple University Press, 2006), xix.
 18

to analyze the current debates and issues in juvenile delinquency. 81 It encourages readers
to adopt an analytical understanding on juvenile crimes.82

Certainly, these books are relevant to John Rawls’ Theory of Justice as Fairness
and House Bill No. 8858. Thus, the researcher will apply significant concepts coming
from various authors in the subsequent chapters of this research.

81
Cyndi Banks, Youth, Crime and Justice, (New York: Routledge, 2013), 1.

82
Ibid.
 i

BIBLIOGRAPHY

Primary Sources:

House of Representatives. House Bill No. 8858. Seventeenth Congress. Third Regular
Session. January 23, 2019.
https://www.congress.gov.ph/legisdocs/third_17/HBT8858.pdf.

Rawls, John. A Theory of Justice. Cambridge: Harvard University Press, 1971.

__________. Justice as Fairness: A Restatement, edited by Erin Kelly. Cambridge:

Harvard University Press, 2001.

__________. Political Liberalism. New York: Columbia University Press, 1993.

__________. The Law of Peoples. Cambridge: Harvard University Press, 1999.

Secondary Sources:

Adams, Ian and R.W. Dyson. Fifty Major Political Thinkers. London: Routledge, 2002.

Audard, Catherine. John Rawls. New York: Routledge, 2014.

Banks, Cyndi. Youth, Crime and Justice. New York: Routledge, 2013.

Church, Wesley T., David W. Springer, and Albert R. Roberts. Juvenile Justice
Sourcebook. 2nd Edition. New York: Oxford University Press, 2014.

Cline, Erin M. Confucius, Rawls and the Sense of Justice. New York: Fordham
University, 2013.

Clements, Paul. Rawlsian Political Analysis Rethinking the Microfoundations of Social

Science. Indiana: University of Notre Dame Press, 2012.
 ii

Congress of the Philippines. Juvenile Justice and Welfare Act of 2006. House No. 5065.
Thirteenth Congress. Second Regular Session. Approved April 28, 2006.
https://www.officialgazette.gov.ph/2006/04/28/republic-act-no-9344-s-2006/.

______________________. Republic Act No. 10630. House No. 6052. Fifteenth

Congress. Third Regular Session. Approved October 3, 2016. https://
www.officialgazette.gov.ph/2013/10/03/republic-act-no-10630/.

Corriero, Michael A. Judging Children as Children A Proposal for a Juvenile Justice

System. Philadelphia: Temple University Press, 2006.

Howell, James C., Mark W. Lipsey, and John J. Wilson. A Handbook for Evidence-Based
Juvenile Justice Systems. United Kingdom: Lexington Books, 2014.

Immanuel Kant. Foundations of the Metaphysics of Morals. Trans. Lewis W. Beck.

Library Arts. No. 113. New York: Liberal Arts Press, 1959.

Junger-Tas, Josine and Scott H. Decker. International Handbook of Juvenile Justice.

New York: Springer, 2008.

Ladd, John. Immanuel Kant Metaphysical Elements of Justice. Indianapolis: Hacket

Publishing Company, Inc., 1999.

Lovett, Frank. Rawls’s A Theory of Justice: A Reader’s Guide. New York: Continuum
International Publishing Group, 2011.

Mandle, Jon and David A. Reidy. A Companion to Rawls. United Kingdom: John Wiley
& Sons, Inc., 2014.

Moon, J. Donald. John Rawls Liberalism and the Challenges of Late Modernity. United
Kingdom: Rowman & Littlefield, 2014.

Philippine National Police, Office of the High Commissioner for Human Rights, and
United Nations Children’s Fund. Juvenile Justice Training Manual for Law
 iii

Enforcers: Child Rights Training Volume One. Makati City: UNICEF and
OHCHR, 2002.

Articles Online:

Canja, Rovin James. “Reforming The Juvenile Justice System in the Philippines.”
Academia, Accessed Date November 23, 2020. https://www.
Academia.edu/29152959/REFORMING_THE_JUVENILE_JUSTICE_SYSTEM
_IN_T HE_PHILIPPINES.

Ng, Desmond and Lolita Lachica. “The Philippines’ Little Delinquents, Committing
Some of the Most Brazen Crimes.” CNA Insider, May 25, 2019.
https://www.channelnewsasia.com/news/cnainsider/philippines-problem-children-
committing-brazen-juvenile-crimes-11563464.

Reganit, Jose Cielito. “House Approves Bill Lowering Age of Social Responsibility to
12.” Philippine News Agency, January 18, 2019.
https://www.pna.gov.ph/articles/1060324.

Sanchez, Jeza Mae Sarah C. “Overview of Philippine Juvenile and Welfare.” UNAFEI
NEWSLETTER. No. 151. September 2016.
https://www.unafei.or.jp/publications/pdf/RS_No101/No101_17_IP_Philippines.p
df.

Electronic Sources:

Childhelp. “What is Child Abuse.” Accessed Date February 1, 2021.

https://www.childhelp.org/child-abuse/#:~:text=Child%20abuse%20is%20when%
20a,abuse%2C%20exploitation%20and%20emotional%20abuse.
 iv

Children’s Rights Alliance. “What are Children’s Rights?”. Accessed Date February 1,
2021. https://childrensrights.ie/childrens-rights-ireland/childrens-rightsireland#:~:
text=Children%27s%20rights%20include%20the%20right,as%20a%20child%20g
rows%20up.

“Fairness.” In Cambridge Dictionary. Accessed Date November 12, 2020.

https://dictionary.cambridge.org/us/dictionary/english/fairness.

Future Hope. “Child Protection Policy.” Accessed Date February 1, 2021.

https://www.futurehope.net/assets/files/Governance/FH%20Child%20Protection
%20Policy_May%202016.pdf.

“Minor Children.” In Law Insider. Accessed Date February 1, 2021.

https://www.lawinsider.com/dictionary/minor-children.

“State of Nature.” In Encyclopaedia Britannica. Accessed Date November 12, 2020.

https://www.britannica.com/topic/state-of-nature-political-theory.

Philo-notes. John Rawls’ Theory of Justice- Philo-notes.” July 3, 2020. YouTube Video,
8:23. https://www.youtube.com/watch?v=EM5G-cXH_9M.

Then & Now. “Introduction to Rawls: A Theory of Justice.” July 3, 2020. YouTube
Video, 16:27. https://www.youtube.com/watch?v=n6k08C699zI.

Tracy, Natasha. “What is abuse? Abuse Definition,” Healthy Place. Accessed Date
February 1, 2021. https://www.healthyplace.com/abuse/abuse-information/what-
is-abuse-abuse-definition.

United Nations. “Youth.” Accessed Date February 2, 2021. https://

www.un.org/development/desa/youth/what-we-do/faq.html.

World Health Organization. “Rehabilitation.” October 26, 2020.

https://www.who.int/news-room/fact-sheets/detail/rehabilitation.