*

1.) The Yale Approach 2.) Policy Science Jurisprudence 3.) Policy Process and Problems About Values 5.) Overarching Social Value 6.) Concept of Law 7.) Importance

4.) Social Value

a. Power b. Knowledge c. Respect

8.) End in View

d. Income
e. Safety f. Liberty g. Equality Reported by: Ubana & Sapitula

* Launched at Yale University; World War II* Prof. Harold D. Lasswell (1902-1974) and Prof. Myres S.

McDougal (1906-1975) * Heraclitus- the major problem of human society is to combine that degree of liberty w/o which liberty becomes license * Calalang v. Williams- liberty is a blessing w/o which life is a misery;

* Liberty to prevail over authority= Anarchy; * Authority to prevail over liberty= Slavery

SOCIAL VALUES: Direct and alternative solution + global, regional and national tensions which affects HR= MOVE AWAY from VALUE-FREE APPROACH of LEGAL REALISM

* Peace, Order and Security= affirmation that we cannot afford war * Problem to the nature of law- relevance to the present predicament
of the world

* Policy- settled guideline, strategy/program adopted by

legal order

* Policy Science- discipline concerned with the (1) * Law is an instrument of SOCIAL ORDERING

FORMATION; (2) CLARIFICATION; and (3) REALIZATION of social values

*Characteristics (ApOJHuRe):
1. Reaction to Apathy towards Social Value 2. Movement Away from Ontological Jurisprudence 3. Emphasis on Human Rights 4. Movement for the Universal Recognition of Social Values

* Universities- training grounds of Policy planners/makers

and govt officials

* Law Courses= not respond positively to the vital needs of

present day life in a world of cumulative crises and increasing violence

* FAILURE TO RELATE SOCIAL VALUES=LEGAL EDUCATION * APATHY to SV- tendency of govt to view HR as hindrances
to GP (rel. individual=govt and individual=individual)

* PSJ: Value-Free approach of Legal Positivism to the study

of the nature the law = DANGEROUS

* No moral principles that consciously precede the law =

need not be any moral criterion for its validity

* LP= there is nothing immoral that is legal * Judicial Legal Realism- statutes, rules and ordinances are no
more than sources of the law and that the law is what courts will do or likely do = Destructive of GP and func.

* PSJ: OJ- Not help in the reduction of

National, Regional and Global tensions; incapable of solving the needs and reqs. Of present-day systems of public order

* PSJ: movement away from Despotism towards Free Society * Right to: Life; Liberty; Equality; Property; Education;
Security and free-exercise of mind

* Factors that underlie POA abhorrence for the constant

abuse of HR despite their formal statements in Consti and discourses of govt officials and private individuals

* Free election= Ceremonial plebiscites * Freedom of Expression= Discussions dir. By a monopoly of govt
and party

* Political Party System= Leaderliolatry

* PSJ: the law as an instrument for the achievement of the

SV w/c is the professed thrust of the law * LAW- imperfect = Ignores SV

* How a state control its people and its resources, how it

organizes and manages its institutions of social and legal controls, how it formulates, operates 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.

* Need- universal climate of peaceful and transparent

procedures where govts and their leaders operate openly under the guidance of the basic SV * Real state of POA- legal ordering expresses, embraces and maintains the SV and is in harmony with the good and happiness of all humankind

1. VALUE CREATION- legal order is not in a position to 2. VALUE CLARIFICATION- task of reassessing the 3. IMPLEMENTATION-

recognize all human desires at the same time; some HD are better; BUT- formation and articulation by and through structures and instruments may not agree with each other worthfulness of HD in light of their meaning and import to society in the face of changing experiences of the people (INTRINSIC VALUE)

desires w/c have become SV.

* Develop programs and strategies * Preparation of options/alternatives to achieve the SV

1.POWER 2.KNOWLEDGE 3.RESPECT 4.INCOME 5.SAFETY AND HEALTH 6.LIBERTY 7.EQUALITY

* embraces the whole of our present-day democratic * SV: instrumental in the creation, clarification and
implementation of HD
preferences for a peaceful world corresponding as they do to the actual desires of the people

* Power- Forms of Authority and Facts of Social Control

* Forms of Authority- dist. Of the exercise of the SV-Power in a
politically organized society * eg. Govt (national &local); Pressure Orgs in the Community (political,

religious, professional business, civic/cultural, unions)- free competition

* Facts of Control- True and Actual

* Two-Fold Meaning:
1. 2.
Capacity to secure and maintain the fundamental HR

Competence to make decisions w/o any undue interference from any group/ form of authority

* DEMOCRACY

* Aristotle- All men by nature desire Knowledge; as rational

beings, they naturally seek Knowledge/Enlightenment

* One of the basic manifestations of deference to human

beings is to give full weight to the fact that they have minds.
development

* State- providing formal and continuing means of intellectual

* 2 Basic Purposes:
1.
Dispel Misunderstanding- general aspect

* Widespread understanding; freedom in pursuit of Truth (preservation of

natural and primal rights) vs. falsehood; disinformation; thought control

2.

* Right to think and private judgment

Eradicate Ignorance- particular aspect
Emancipation of the mind through education and instruction at all levels according to talent and ambition Cognition and Appreciation of how democratic ways and processes work and how they can be continued to work better

a) b)

* Tendential Functions
* Public Interests- maintenance of general progress * Cultural; Moral; Political and Economic

* Regard for life and esteem for the dignity and worth of human
personality- HUMAN BEINGS

* Human beings are respected, in the present sense of the word, when

they are taken into consideration by all with whom they come in contact in spheres of life beyond the making of collective decisions.

* Regard for life or limb- free and unharmed possession of the

complete body * Regard for Human Personality:

1.

Positive- freedom from discrimination; equal opportunity;

interpersonal relations

* Caunca v. Salazar-

SC held that Human Dignity is not a merchandise appropriate for commercial barter/ business bargain. Fundamental freedoms are beyond the province of commerce/ business enterprise Human Dignity and Freedoms are essentially spiritual.

2.

* Art. 26 of the Civil Code of the Phils. Negative- individual initiative , choice and determination are
restricted/ interfered with

* Importance- (includes Savings) insufficiency of Income dulls a

persons desire for other values (concern for democratic principles. of the Natural Resources- economic betterment of people

* General: denotes Freedom from Want and the Conservation

1.
Freedom from Want- Labor Unionization; CBA; freedom to sell
ones own goods/services in the best market; refusal to sell it; higher wages; fewer work hrs; better working conditions; fair measure of job security

2.

Conservation of Natural Resources

* Particular: Immediate Necessities and Immediate Comforts

1. 2.
IN- social anachronism; enjoy a happy life IC- improvement of mode of living is a HD
Assoc.- SC held that the min. amount actually needed by a laborer and his family can by no means imply only the actual min., as some margin/leeway must be provided, over and above the min., to take care of contingencies, such as increase of prices in commodities and increase in wants, and to provide means for a desirable improvement in his mode of living.

* Atok-Big Wedge Mining Co., Inc. v. Atok-Big Wedge Mutual Benefit

* Min. Income=

Immediate Necessities + Immediate Comforts