POLICY SCIENCE

AS
SCHOOL
OF THOUGHT

DEFINITION
The

policy science school of law

is a continuous process of
democratization of social values.

It

is a means for the equitable

distribution of the social values.

It

is an advocacy of social values.

THE SEVEN BASIC SOCIAL

VALUES

(SHOULD GUIDE LAW-MAKING AND THE LEGAL

ORDERING OF SOCIETY)

Power

Knowledge

or enlightenment
Respect
Income or wealth
Safety and health
Liberty
Equality

THE YALE APPROACH

Policy oriented approach was

launched at Yale University
by Prof. Harold Lasswell
and Prof. Myres McDougal

Solution:
To move away from
Legal Positivism and
Legal Realism

Policy Science
guideline, strategy or
program concerning the
creation, clarification and
realization of values.

Systematic study of the social

processes by which
POLICY IN GENERAL
is developed and
executed to achieve
OBJECTIVES.

POLICY SCIENCE
JURISPRUDENCE

Law is an instrument of

SOCIAL ORDERING.

SOCIAL VALUES

GOALS

POLICY GUIDELINES
Statute, Admin. Order, Judicial
Decision

LEGAL POSITIVISM
Law

is a complete
set of norms and
rules of action
which excludes from
its specific concerns
value creation,
clarification and
realization.

POLICY SCIENCE
Law

is adequate if
it does not take
into account the
goal values and
policy guidelines to
which the society is
committed.

FOUR SALIENT FEATURES

1.
2.
3.
4.

Reaction Against Obsolete

Concept of the Role of Law
Movement Away from
Ontological Jurisprudence
Emphasis on the Rights of
Man
Movement for the Universal
Recognition of Social Values

1. REACTION AGAINST
OBSOLETE CONCEPT
OF THE ROLE OF LAW

Obsolete

Role of Law

There

is the inability of the policy

makers to come out with simple
and basic social values for the
attainment of peace and security

Problems

Colleges

of Law Universities and

2. Movement Away from

Ontological Jurisprudence
Ontological Jurisprudence
Positivism no moral principles

precede the law

Realism between just and

unjust law

3. Emphasis on the Rights of Man

Recession of the

Fundamental Human Rights

Infinite worth of Human

Dignity

4. Movement for the Universal

Recognition
of Social Values

Policy science is a

science
of Social Values.

POLICY PROCESS

1. Value Creation
2. Value Clarification
3. Social Value
Implementation

THE BASIC SOCIAL VALUES

POWER

A political mechanism for the good of the

society which reflects the will and
choice of the people as a whole and
not just that of the leader.

POWER

Forms of Authority
Refers to the distribution of the exercise of
the social value of POWER in a politically
organized society.
1. Government
2. Pressure Organizations
3. Private Business Enterprises
4. Cultural Organizations

POWER
Facts

of Control
Well known in constitutional science as
popular sovereignty and the controlpower of the people.
1. Making and changing the fundamental
laws of the land whenever a need for such
change arises.
2. Making and changing laws and
influencing the changes in
important
decisions directly or indirectly.

POWER
3. Expressing free and genuine will in
popular elections by means of secret
balloting and not by block voting.
4. Having real access to and holding of
any constitutional and political office.
5. Free criticisms on public matters or
officials in the spirit of truth and decency.
6. The Freedom to express opinions
and ideas.

POWER
Aspects

and Referents

As a social value, POWER has a tree-fold

meaning or aspects.
1. The capacity to secure and maintain the
fundamental rights.
2. The competence to share in the making of
policy of private groups or organizations.
3. The capacity to participate in the making
of important public decisions without any
political or religious interference.

KNOWLEDGE
Purposive

Forms
As a social value KNOWLEDGE has
two (2) basic purposes to wit:
a. To dispel misunderstanding.
b. To eradicate ignorance.

KNOWLEDGE

General Aspect
Means widespread understanding among people of
different cultures and backgrounds.
Freedom in pursuit of truth.
The maintenance of the right to think and the right
of private judgment.

KNOWLEDGE
Particular

Aspect

In which the social value of KNOWLEDGE

has two (2) distinct meanings to wit:
a. It signifies the emancipation of the masses
through education and the ever increasing
training and instruction at all levels according to
talent and ambition.
The state has the right to regulate,
supervise and aid in the education of adults
and children for his duties, responsibilities and
human
relations.

KNOWLEDGE
b. The cognition and appreciation of how
democratic ways and processes work and the
ways for it to continue to work better.
Men cannot simply remain loyal to
democratic ideas and processes
without the
cognition that these are capable of making them
free.

KNOWLEDGE

Tendential Functions
There are four (4) tendential functions of
KNOWLEDGE to wit:
1. Cultural Progress
2. Moral Progress
3. Political Progress
4. Economic Progress

RESPECT
Regards

for life and esteem for the dignity

and worth of human personality.
A. Regard for Life and Limb the free and
unharmed possession of the complete body.
B. Regard for Human Personality
1. Positive Phase
Freedom from any kind of discrimination on
grounds of race, sex, language, religion,
political opinion, or property status.

RESPECT
The society has a great deal to do
with the degree of respect a person may
bestow or expect from another.
2. Negative Phase
Individual initiative, choice and
determination are hindered or inferred
with (e.g. outlawing subversive
organizations)
As much as possible, respect for
human right and freedoms should be
always restored.

LIBERTY

As a social value LIBERTY is not unrestricted.

In Rubi vs. Provincial Board, it was held
that liberty cannot be dwarfed into mere freedom
from physical restraint of the person of the
citizen, but is deemed to embrace the right of
man to enjoy the faculties with which he has
been endowed by his Creator subject only to such
restraints as are necessary for the common
welfare.
LIBERTY is manifested in the ability of a person
to do things which are essential to realize his or
her conscience, opportunities and interest.

LIBERTY

Forms
1. Active Mode legal authority, which may
either be legal claim or legal
power.
2. Passive mode legal exemption, which
may either be a legal immunity
or la
legal privilege.

LIBERTY
Tension

or Problem Area

The social values of Liberty, Respect,

and Equality form the problem-area in the
legal ordering of society.

Unrestricted
or
unreasonable
interferences by the government or by
influential groups can destroy these social
values. yet still the government is
nonetheless essential to their maintenance,
augmentation, and even preservation.

LIBERTY
Liberties guaranteed by the
constitution, imply the existence of an
organized society maintaining public order
without which liberty itself would be lost
in the excesses of unrestrained abuses.
Who should win in a conflict
between individual rights and the claim of
the government to national security?
Therefore, the BALANCE to strive
for is to consider the government as an
organ committed to the protection of the
social values.

LIBERTY
Constituent

Parts

1. Personal Liberty
2. Religious Liberty
a. Freedom of Conscience
b. Freedom of Worship
c. Freedom of Religion

LIBERTY
3. Civil Liberty
4. Political Liberty
5. Economic Liberty

6. National Liberty

LIBERTY
Paradox

of Effective Liberty

Contradiction in the recognition of

the social value liberty.
Despite the inclusion of liberty in
constitutions and decisions of higher
courts, violations are still notoriously
frequent.

LIBERTY
Conditions often violated: economic
insecurity, moral degradation, violence,
and wars.
With the right national policies,
certain conditions like peace and order,
social security and financial stability will
enable liberty to thrive.

INCOME

General Aspect: denotes freedom from want

and the conservation of the natural resources
Particular Aspect: embraces the minimal
substance or means of meeting the immediate
necessities and comforts of life.

SAFETY

General Aspect: denotes freedom from fear of

disease, pestilence and hunger as well as freedom
from fear of violence, disorder and war
Particular Aspect: represents or signifies
protection, public health, social security, and
peace and order

EQUALITY

Negative Aspect:
1) equality is not absolute similarity
2) equality is not an assurance that everyone
shall, as a matter of fact, be the same in all
relations
Jural Inequality: material and relevant to the
legal ordering
Invalid view of Equality: equality means
similarity of all matters of social relationship

EQUALITY

Positive Aspect: the point is that this social

value is worth striving for in the areas or parts
where they are attainable
all men are equal
each persons well-being and happiness is
as secure and inviolate as that of every other
person
everyone has a rightful claim to equal
treatment and protection of the law, regardless of
any inconsequential and insignificant disparity

EQUALITY

Constituent Parts
John Rawls

1. the equal right of everyone to the

total system of basic liberty
2. fair equality in opportunities to
offices and positions in order to heighten
the chances of those with lesser chance or
opening
equitable sharing of social goods as well as
material goods to the greatest possible of the least
favored

EQUALITY

BALANCE BEFORE THE LAW

All

individuals have a rightful and lawful

expectation to the same treatment and
protection of laws without regard to persons
involved.
All individual owe equal obedience to the
laws.
1. SIMPLE TYPE religion or sex is
irrelevant in the exercise of suffrage
2. DISTRIBUTIVE TYPE the
apportionment of benefits and burdens that
can be shared among the members of society

EQUALITY

BALANCE OF OPPORTUNITY

Equal condition and equal access to the

effective expression of individual merit
toward success or even failure.

EQUALITY

BALANCE OF RIGHTS AND FREEDOMS

Every human being is endowed with certain

primal or original rights and freedoms, to wit:
1. right to life, liberty, security and property
2. right to religion
3. right to education and free exercise of the
mind
4. right to free expression
5. right to peaceably to assemble for redress of
grievances

EQUALITY AND BALANCE OF

POLITICAL VALUE

Every individual must count for one and

only one in political participation without
regard to person.

LAW
Can

truly be an instrument of global,

regional and national control when it is
committed to the complete
achievement of the social values that
constitute the professed ends of democratic
societies.
An advocacy of consistent, compatible
and principled policies, legislation and
decisions on the basis of social values.

LAW
Vital

instrument for ordering

conduct through the formation,
clarification and realization of the
social values where the patterns of
authority are conjoined with the
patterns of control.

LAW

Where decisions or solutions are authoritative

but not controlling, then there is no law but
only pretense, and where decisions or solutions
are controlling but not authoritative, then
there is no law but only naked power.

LAW

Important Contribution to Legal

Philosophy
Statutes not in agreement with the
social values are neither authoritative nor
controlling, in much the same manner as the
naturalist jurisprudents view statutes which are
contrary to the precepts of natural law to be
no law at all.

IMPORTANCE OF THE POLICY

SCIENCE JURISPRUDENCE
A bad decision is simply one that is not
in accordance with the social values.

Attainment of peace, order and security

Freedom is found when there is one
world state which is democratically
organized, or to the degree that democratic
states are able to prevent interference by
despotic power.(Lasswell and McDougal)