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    1K vistas50 páginas

    Legal Philosophy For Filipinos

    Cargado por

    Sam Fajardo
    FOR: LEGAL TECHNIQUE AND LOGIC

    Copyright:

    © All Rights Reserved
    Descargue como PDF o lea en línea desde Scribd
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    Bho Namal Philowoph, Se. Thomas AqUINAE nen — Chapter 2¢ ~ CHAPTER Tho Legal Philosopher ‘Thomas Hobbes... INTRODUCTION TO LEGAL PHILOSOPHY ‘Chapter 27 ~ ‘The Legal Philosophers “Amidst the ero currents and shifting nord of puble Ue ‘he lies a areabark pon whch ma ay ti foo end bona” ~ Lord Chancellor Sankey Chapter 28 oa ore bani et acqui® ‘The Legal Philosophers Sisectica Charlea de Monteaquiet .... naw i Lave te w rule of conduct, recognized by custom or Chapter 29 by formal enactment, which a community considers 28 ‘The Legal Philosophers Binding upon its memberas The Stanford Encyclopedia of Philosophy calls Inve a ‘oraplex social phenomenon’ and Jean Jacques Rowssea fs ‘one of the most intricate aspects of human culture” : ‘Law is normative in that tt guides human conde But Chapter 30 3 it in not the only ‘source’ of normative conduct for there ja aleo religion, morality, customs and convention, Last is ‘The Legal Philosophers certainly connected with the other sources of nurmative Immanuel Kant... behavior but at the same time it 9 distinct from them. Ip fact, religion, morulity, equity, custom and societal conventions nre among the sources of law, Chapter 31 The Legal Philosophers Georg Wilhelm Friedrich Hegel Case study: Term of office of the pr Law i jartcw a ogity* lack’ Lae Dictinary ations equy a nea, partiality and evenhanded dealing tbe “body of prinepks eunstlutng what fa roe rights natural law” ‘The Nou International Webwer® Comprehensiw Dieoaary of the English sage, B. Adainron Hosa’, «lope andiepegit. however: ated thatthe “fa a comaaly accrpad devon uf lm im ict an Une wav are aly Gra ww comes from Old English, ‘The term iad down oF fixod Tg by meaning Pormnanuc agaa which Means puter faye oo ‘howe the Latin legals, where lex (pl lager, “°W Fre Taun we have dex erro, the Law of the land the law ofthe Forum or cour lex le, tho law of the ce mecotora, the aw oF custom of merchants, defines luw as 4 ‘natural force, the reason one. implanted in Nature, which eh, febat ought to be dane and forbids the opposite. Iti gy mind’ and ‘reason of the intellgent man’ whose atin, iets to vommand right and forbid wrongdsig’ ‘Aquinas writes that TUaw is & rule and measur y hament act. _pertaining to reason. When coal Maitheabyecioa Ubat law is ot something peta’ sie onceg. Face another latin my members hauas we uhat law ix in all thove things that are ince, fo something’ Thus, the inclination of the to concupiscence, i.e. sexual desire, is called the lau ¢ the members Others insist it is ‘wil’ not ‘reason’ thr ‘moves people to act as they do, That law pertains ax» reason but to will: TwJhatever pleaseth the sovereign, ka, the force of lax? Aquinas says that for true Wail tae lawful ve bas to be in accord with reason. Ifthe wil ets sovereign would have the force of law it must be underite ‘command of reason, othererise the ‘sovereign’s wil wil savor of lawlesaness rather than of law.” “The Supreme Court defines Law as a ‘rule establish to guide our actions,’ with ‘no binding effect until ¢% enacted? thus it has ‘no application to past times but at to foture time. In ite ‘general and abstract’ sense, ="? Ae ‘science of moral laws founded on the rations] af man’ that ‘gover hin fre activity for the real ofthe individual and societal ends of Tie; in its ee INTHODUCTION TO LEGAL PHTLOSORIEY . and concrete senso it is a rule of conduct, just obligatary, formulated by legitimate 4 rence ca waited by legitimate power fr commen observ DISSATISFACTION WITH THE LAW? Indeed, the principal means for the lation of sccital fars through law. Suh flaceataee we dating wih hs falta wane ee es ‘the consciousness that law will be there mwding and proerting cach per day Woop hore ee boards the jeepney, enters a restaurant, hires the services of a carpenter or speaks before his colleagues, be or she is doing 60 with the faith in law's abiding hand ever ready to protect him Yet, one often hears of comments not ‘only orl ‘but cymical about the law's treatment of ‘ordinary people.’ ‘According to Weeramantry: If growing lay disrespect is today nibbling ‘at the foundations of the law, the prime reason, 18 the faidure of the law vo communicate with. the layman. The layman sees hi expectations of jusuce belied 1 many an instance and with each shortfall betweon the practical decision and the ideal rewult, there follows a diminution of respect, lowering the prestige of law and Inwyers alike." Among the accusations heaped on the practitioners of law ia some are not truly interested in the law's bedrock principles of truth, fairness and justice Rather, in thei ‘egotistical quest to win coses they regard law practice much like shady business deals which resort to influence peddling or buying their way to victory. These are the ‘misguided ones, and true law would have no place for them, Bo jana, cnc of whl TAY Be obweryag Se je allows: The malty aed oe srt ea: enous FOTN Are 7 Denes aeslute, a a an opproameds tho jue ey sMabeTul eases, atl a greater = he of ini) often cbmcure ang gi ey cr abeODUEE Hie Ora of le wo eourne tbe acalled “great uncertain seanety of poses” BAY be comers, 5 ultima sn rater tan detrimental tthe evaht gh? bene ngudent od prMciOne KNOW Iw ‘Mc oe a 19m OUTED POCERS oF cane estan fam and adjustment. Hopefully i tschange seltcornessqunually relloets the vention of justicy at ae wh truth and firms, aligns ARE THE FOLLOWING SUBJECT TO THE nin, OF LAW? Inite broadest sense, aw is a way of doing thing heciizenatacomply with existing community tandarg, Tre wtandand may be moral or ethical, econcmnic, cur Rligous or one for social benefit and welfare. Das a hese siamands, are the following situations subjes the rue oflaw? Why? 4. Renata, jealous of Donata’s physical endowmms sod finoncia! achievemonts, decides to expe Donsta's dark past ap a prostitute, by may releacing in the internet un alleged vidoo of Resse in a very compromusing situation with a chen. Renatas act subject to law? What ebout Dents! past? 2 Teotima’s husband is now skin and bones d+? cancer. Her husband refuses medical teatse ‘eg. an operation or medicines, does no! lke injection (dextrose), or in general to ba fed ans: ‘Teotima io worried that hor husband's fan!l & accuse her of maltreating her husband by 8° D. bhim modicol nid, Would ‘Teotims obey hey husband fr have him foribly sant to the hoapital? Whate ce ‘sur deeipon, tai lawl? Poqultn ix a soldier in the Cordilleran Aa tt was Chrinsnas, ceasefire wae dachired against the ‘snomy. Ae Poquilo walked by the lake, be saw Ambrocio, of the enessy eamp, drovming un the lake Poquita saw Ambroeo but walks on saying he as ‘nothing ta do with Ambrocia. Ambrocio drowns. Adonls kes omen, and Joves ta joke with them 1m 1 good-natured way. In the bar he sew fniendly ‘oul Veouaa who amiled urd winked at him. Adonis smmadinualy puta his arm around her waist. Vonuso, offended, sxid “stop that!” but Adonis says, “Ob don’ ‘be pakipot, Ti just trying to be friendly” 1s Adonin violating any law? 5. Dr. Kacubobo, a! respocted doctor at the district hospital, came from a convention in Meaies. On ‘arrival Back home, he got eiek with fu. The hospital refuses to admit him back for work unlews he undergoes @ swine flu teat, which Dr. Kacobobo refuses seying that he is 0 doctor and does not need ta go through such torta, [a Dr. Kacobobo might? ‘PHILOSOPHY Philosophy meuns love of windom or the search for ‘truth, It comes froma the Greek torm philosephia, which io in turn derived from philor, ove, of philic, “friendship, inty for, ‘attraction toward,’ and sphas, ‘a ange! “a wise ant, oF sophia, ‘wisdom? ‘knowledge.’ ‘aol? Intelligence, Ic is the sourch for the reality end truth of things. It soeks to discover the essence, nature ‘and foundation of things, a8 opposed to their appearance. Philosophy endeavors to understand fundamental truths ‘bout people, the world, the relouionship of people to the ‘world and of people to one enother. Greck philosopher and mathematician Pythagorsx (680 BC. — 600 BC) wax the first to call himself abet crs selstiparae lettre roe ge Bey 728 iy ea 10 et to now thy rea nog beyond 4 COMMON OF yy, a appearance for meaning. By these feo roy lacy Tp eh ean, and pg appo Laps insists Uy in philosophy’s task and qt Sea on een eal ae {oped te ul praan this need e done on and fir ® basis. Philosophers are ‘minute ee ee wo coolant #4ek 0 ia of owe ent ORE lon, ieee ee pa" Th, Dbsotophy na sae 1 Ui Sr relth fa OF Worldly suas i rime, hoever, EAL A Lar Tem ay ech Piso ealls ha “dear delight" may iney sien fea Phenomena Geepe ontecing Sr ng ch that one ek not Ley Bite igh and ncbly rearat Fipino Tegal plulosopher, Fr. Rens Eruntat Tlecpby a8 a) ere knowlege an gon ey chir lurate eases oF reasons pe di emus eel rtionea) This means philosophy dk ttn al ensen: the ullmate causoe OF thera srs that comotbing that doals with fandanest fevinsings frat principles and basic clements, b) tt & sshich prods the person with a'map that gives oberens qohusactvitig ond that makes of human life a seanstg ‘whole? © comething thot uncovers the ‘meaning Phenomena. By phenomena means something *h® pears’ that which can be gleaned by the senses We ‘those inner meaning and reality remain concealed Mat ‘bin way be done through the aid of hermeneutics. sessing in the present parlance iso longer Unite! ® the interpretation of holy texta and scriptures but © cuavren = PetnonnecioN Ts CARL PHILA {er scr ot nen nferstardng and eee SE enna en Set aes ty wun eon neared analynie philoanphy." mene Sheraen ae fps tt es ae denne so ai matin he eg ie hn Mey elonerceskeracs ates Lit ey tan au eta co That ance cans spss WS plowed is Tee, ‘ot only from ooe side, but all ades to the aryumeat should be carefully weighed and considered, One's dant ‘should slasd om the Let of roasun and rigorous inquire, ‘Le peas through philasophy’s exacting requirement and fscute rtandards. ‘THE BABY THERESA CASE: ‘Theresa Ann Campo Pearson waxbornanencephalic {in 1902, This moans mare than 60 perceat of her brain is fabaent; only the brain stem sustains her breathing and heartbeat. Only 300 of rich babice are bora alive every Year and they Inst «few days. Knowing that thelr baby ‘ould not live lang, and even if sho could, would not be cconsoous, they volunteered ber organs for transplant: nat her eyes, lungs, Kidneys, and heart go to other duldrun, The doctors agreed. Would itbe right to Baby Theresa argans thereby causing her immediate death? The following are the different philosophical (ethical) argumenta raised for ar ‘aguinal the decision of the parent. 1. INFAVOR 12, The ‘Benefita Argument’ is based om the uublitarian philosophicol school. Basically, t [povita the belief Uhat if an idea or act grves Out the ‘greatest happiness’ for the “greatest ‘number of poopie; such is good and moral ‘The logic n the hencfite argurrent ty this: conclusion Is, undo the « * Set ee al tran dead They argue that: ! ‘a. Though breathing, is but amochise organs. | 12. The braindead’ argument. Tere ar! ct on the part of Theresa, She dem; Tove most her bra begs eh iv the absence of mont » pies dec omtnmecy, aoe ary eves Nona ee ans are wiven Cone ie dome ergumest her other organs are stif) Bae more beaonclal teen et) tiher gids who Toght no BS, SRS Ts way hers ave may ‘qho inast thet baby Therese, while «j! b. There are many bruindéad pep Feral bene to the api reathing, is for all intents and purpen, who cuntinue to ‘breathe’ than smechaniea! assistance. Brain death is ‘real’ death, One # >| rnouneed dead not when bis Keats beating (ea, cardine arrest) but wbesie mind slopa functioning. ‘An artide that appeared in (ho Jeans) Neurascienoy Nunwog favored organ donaten he family’s nght to make on infurmed che, 5 ‘ase of brain dead pertona, ‘The noed for organ tranenat 8 inarensed 200% over the past deals SF the number of organ donors las TES) Gf Feluively congtont. ‘Tho familys Wy een ae ee ee = AGAINST Parente, offe two arguments to thelr aide: 21 "We should not uso people as means” 22, "Killing Is evil argument: CHAPTER L . INTRODUCTION TO ONL PHOLOSOPITY ‘8 one of ths key factors in the shortage of organs Lack of understanding) about brain death and eryon dination hve beet Wentiled nx reasons for refusal ta conse, Famille of potential orgen docors are Tewiving Uundequate information to moke Anfarmed cbeices about orgen donation, and thelr enstional needa erm not cunwixtently ‘mot. Neuroicienco nurses exit improve com: ‘ant raten for organ donation by affecuvely ‘Addressing the needa of the patental donar.* ‘Those against the decision of Theress'a argument, = Suman beings are ‘eda in themselvea. Each has hig own end purpoga, [te not oad to uso a person as mene’ to other ‘People’s ends. D. ‘Harvesting’ ‘Theress's organs whils alive ia (o use Thereas for ther people's ends, & - Theconclusion in, thie taking of Theress's organs cannot be justified under the circumstances. © Thi evil to kill someone, unlews the one, Aled was an unlawful aggressor and ‘the one killing haa na other way except to defend his life, 1b. Baby Theresa ty not a. cane of self: defense. She ls a completoly heiplees baby. © Every person kas a purpose, We do nat ‘know what Theruua's purpoee is. i ee ey x way Theresa is nce Peeling. We cannot be ae sy aay ‘Theresa WoT laut Brags Fit, we cannot at Second, we do not coe dea since 6 20 not ome eS once ISO . cvoctusan, te donate Theresa, BSE ber And tall « buman being pene other then a ioe a Washington Post. commenting, tae ny Taerest 08 CUDE-U WH hn oy ag the near legalteation oF eatharas, Spey Dg ‘Tha frontier of medical ethin iat’ Hace. The heaviest activty theve daysitne Eetemtecy marked “the killing fmname= “Lastyear, Washingtcn state came Very dan, fang a referendum to legalize euthamst Derek Humphrey's “Row-to-suiode” mam toppet the bestaeller list. Society is yrs increasingly tolerant of the idea of a ef the fife of people who have had exe Generally. speaking, the moral pises ‘seek to kill the innocent: ee ‘@r example! for thir own good. owever, there was a farther ada attemga was made to deliberately shares ‘maocent Life nat for fea own good but fr of arather.* “USES OF PHILOSOPHY: 1. DEEPER UNDERSTANDING ‘ conning to Kolak and Mastin, pies it an are. fn fs attempt to gain deeper wae Bi THOBUCTION To LEGAL PRLOOFAY understanding, i ust eontinuslly question every ‘hing We believe in. Foat Iethere tau froten seu within ww Philoe sophy in an axe Breevthing you believe W- questiomble How deoply haw you ‘Questioned it? The uncrtiea) acreptance of baliefa handed dine by parents, wachers, Doliticinas and rofijnous lenders e dangeroa Many of these beltefe are wimpy falee Some atthem uty liew designed te control seu. Ever ‘whon what hay boon handed dawn ts tru, ‘woot your truth To merely accept wayth ‘without questioning i isu he somebody else poppet, a sesond- baud pers ‘Baliafeexa be banded down. Knowledge can perhaps be handed down. Wisdom can ‘evar be handed duven. The peal of philosophy. Is wisdom, Trying to hand dovn philceophy ‘unphiJoanphical Wisdom requires questioning ‘abut is quechonable, Since everything i questionnble, wiser requiras. questioning ‘everything, That is what philowophy is the fart of questioning everything.” 2 wispom, ‘Will Durant, author of the clase introductory ‘taxt t philosophy ‘The Story of Philosophy,’ posite ‘hati is°a shomefa) quostion’ to aak if philosophy ia useful ‘The buay reader will ask: 18.all this phi- osophy usefull [Las a hameful question: we do not auk 1 of poctry, which je also an imagi- ‘native construction of a. world incompletely mown. If poetry reveals to us the beanty our ‘untaught eyes have missed, and philowophy ‘ges us the winiom to understand and fargve, [eis enough, and more then the world’s wealth. Phulocophy will not fatlen our pursea, nor HE “inl Rak und Raveus! Marti, he Baperenee of Pky Blane. a ee eee ae r nition i» domceratie 2 esas in ings. Por what ifwe should fatten our pare? neha en at yt all a gS oe acy ea re peal in behavier, unstable wea? te wt Be dea od nay mee haps philosophy will ge oy sa NRT tts healing ony Pes eters nenin Mee Baty be Oat oe chalet canes cncat PRILOSOPHTY WURISPRUDENCH) ca shinny © tamale UY Daw ee eYcace and canes lee ‘2 ner ny elements; € the sources of tts author defclan or eatona ond development; and «tee noe ‘te its relationship to other institutions ac Eset ee pereen se et aly fica cour meet Fee camo ine and oral, an oe eee arelaked or spars, sien ala Yaowa at oro tex te a pophy faa, coats uw Beinal qe ie wha ewan ol SRS Pape lr on any, pmopery. Rabe ito sow ws ows “tue” nature, hse ‘foal and purpnso. This presumes that “law” has cr Sent andquaies commen to al te ome {tacit Whe acer sdy on whch La epelo 2! arceular cao, legal philosophers ask if what pu bestow is indeed troe Inw, in that it complies ronirenenes fhe “wrispradence cares from the word Tate rude, tceing krowkge of tha lav. Se ‘fevitive form of jue, meaning ‘low’ and BT! “keomtedgs” Scholars and practitioners of jursPewoy, Tek 2 acneve a deeper understanding af the 9 4a ls spbation rough legal reasoning, and We ‘waned im practical waynby legal systems and iaso™ Charren a ‘erwoCCnEN TO CAL FCP erp hue iret eros ah eh {he vnc aL what pbs and fied ot ihe sparingly and Seen on hoe om ee intact wah tae anger sly mana oe quad San Cana hs sie of tam we 8 ‘vent eet pple eae ores vate see Hea Resort to force unually signif the failure of {he law 1 persuade puople to whac it iw addres, Wat the king, emporoe, or the. prince anders ‘wns the law and sveryane obered it ut of four ur ualshmont. Forse was ually resorted for a ‘enforcement. One function af philosophy therefare ta te formulate aw that ia yeanonaily areeptabte to Ue (eople to whom it addromed. Foils of law ie therefore opposed to anny = For lownl philosophy prufawor Antonis Eetrads, Bhilecophy of fow involves an ‘understanding ef the place offsisate law in hunsnn hfe * Ho maha In what way do statin and judiaal decisions, ‘censitctions and wernational Westies contribute 0 appiness? What cust the logitstor aim at, vrhat cust the judgn bear in mind, wbat sovereign principle end clear sonseicusneas of” definate limitation mast guide the ellrta of the cxmcutrre ‘or Chief of Stata? That the timate steese of all ‘hese ecuat depend upon their knowledge of their materal ~ the use of el authority = and dat ‘much lnowiedge tan direct ration to their mastery ofthe Principles of Justice, ought to beeame evident fan the matter anfolde Fr. Rambilio C. Aquino says that philophy of law 19 not the Teimorely pursuit thet the law ~ and Lawyers can do without (or even postpone! Tt ts the “tank af cae Cons Reine Lagu Panos ad Thy Tet ed Com: ‘ne fom Pao Mima Se ftp ‘Aten anda. The Php of La; Carty Boo Seay AF. “ie prevate the petits S14 # map" that Pe ee caries and tbat tahoe of ums Eo jatiwm and rule-maki capocii pe eonrtcalated but orm! re on etecious Ujustion is wo be athens, a ean und rats deal” bat en 2 newophical matrut of Law and ders Ses iD oe breughe to he level of rae Tae e capbtated and erased. it beet erelare he taak ofthe philosophy of'iaw to; ‘the goal of the fue and its eaderlying mociees™ pet realy the mouves of the lexialators, primary, ot of scery that creates laws and sustains theee’ G_FIVE SCHOOLS OF JURISPRUDENCE Five scbpols. of yensprudence have varicsly anawered the ramsfcstions of the seminal question “what ialaw atsach” These are naturalism, positivism, realion, formalisms and criscal logal studies, brieBy defined w= forex: Nateratiem ‘Naturalism mavntaine that law and morabity are tot ‘separate, that an anust law is not tne law and that lan ‘most reflec: the eternal verities of justice and fairness ‘Naaraliemornstural low vwhuch will be discussed ‘a more detail Laer in this bool. beheves that there ar ational ‘eg. ethical or moral) limita te the power o meres to enoct lows. As former US. senator Wills Henry Seward ouce said: “There ix x higher law than the castitution Powitieiem Fostivwm believes that law and morality shoul ®? sated 20d that law in valid af it ig validly posited b ‘© authority. Positivists believe that ‘he vali of law, hat, the fore of law does not COO! Ber Feligecs, ‘Pychalogeal erome Frank belongs to this school Im lis ‘Laur ond ohe- Modern Ming? be posts that law ithe proper stad ef whet Formatiem Formalinro oo the other Rand pouits that law is a ‘trict science governed by formal axioma” and procigiey the ruien shih 2 SF eranming the outccie of, Ee ran jures used in deciding casey gute TY ia etd Pray ouch wom policy, ent rt ee Sereooton Pu With the sya gt .tOy experiemcpaetves. The abstract PHACIple4 oflgy, genet eet and pudgment needing te ny be td wih th wordings we 2 Tn a fray tre’ opal pls ene ow es sk ba wre Nnceces af legal rvanoning eg ama Bc oucbe alowed 1 oppeer and age Mica Srewro n ound the woul Bt hav agen the ofthe oma als ad procedure enna’ ibe arpand woof ofthe ayaten, Critical legal studies Crit legal studies Believes that Iam a tery coroner policy goals of whocver happets toy st that parocular moment im history, the domisaat wea poup. Thus ifthe ruling power happens to be eine laws would refoctsuch an ideology as well. Oneexpeaey the Cribeal Legal Theory is Antonio Gramsci (1891-(397, Gramsci argued that people cansented to the interes 4. ‘the dominant class not because they were forced or orient 1 do so. Instead, the dominant classes had organ sscety usag the process Gramsci calls hegemony Itt ‘seciological process used by the dominant power cy & ‘wealthy, to ongamze society using their cultural pore ‘and influence to achieve dominance. This explun i ‘exxnple oby people in leaser developed countnes & ave dare skan and hair, dye their hair blonde, or af to Western ways of speaking and dressing, the Wee: culture at this me being the dominant culture Th ‘mer than having the state force its view on the me 8 tore eflecuve way ia to have the bioataarhe ‘be made apparent through cultural power, ¢4 — Selig a be negotiation and inftuenee tee dasses will Unconsciously adopt the habits, la*s 4 ‘sod euture ofthe dominant classes. CHAPTER 2 NATURE OF LAW {Botnet thera ewe, ie lace character ea aan, fo fear tha, hugh t mate oc ‘othieh ur ror eocythog tx an rr hen ass by an met we of Ara fret the atonal pres he lace mat bebe ~ Citero, The Louse 4 LAWAS RULES AND PROCESS A LAWASRULES ‘A coramon misconception of law 1s i is but a net of rules and that when dispute anise, alle sodge dacs sind the right rule and apply it mechanically, even ruthieualy. ‘Tala ts how formalinte regard law, Tate definition had come ‘under severe criticism Some feet isn reduchonaati, Lg simplisilc, way of looking at law as it fala to take ina ‘Sccount the totality and social context af the law. In other ‘words, it looks at Iow as rulea and fails to consider the decper — human or sonal -~ factors why people viclate the law, nnd the impact of the violation an the victim, the larger society a8 well asthe offender. Another cnticism of the law as rules’ approach i it merely eaters to effineney 28 quick disposal of cases from the court dockets, That it ts diemussive ofthe other aspects of human experience, hat it does not factor in the relationship of the litigants, Cuero De Ra Palen, © W Kayes tra, Marva BN cteng ery Pret 1, pee a aoperitl eset tha pg Tanger caualities why Io wa bet? aot 0 nt plore "ea, | Douglas (1898-1980? wrote 1 eluting ACNE Whee dang sent oe cabling Out Be the i aod and Junice Douglas, Rimsolf « roeipient ore" are pote rations WHO 42 a Atudemt wages Se os rater. janitor. and cherry picker, was guj wha OT warked aB008 UO FOF. Way a BEiaLabores, the Chicanos and tho LW.AE yyy) Bisane ahora byte poe, Laaw cruelty and Nandan, cle ema tobe a force in othot develope, ‘phat oat Iodeed, while the constitution mandates “aruhe Inns’ this did not provent 19th ces, Bronch atria Anatole France Crom observing that: iy lhe in te mayertc equality forbids tho rich as well ast poor to sleop under bridges, to beg in tho streets, andi, irl bread” BR. LAWAS PROCESS Low may alto be regarded as a process, the rie ting merely an aspect of the proceas. Lawn are nt jt statutes pee but the whole gamut of the life axpureaas oflaeroakers, law enforcers, law breaks or fllovers ‘elas ony fudge and legal theories A Taal sch t Law ix very Uke an lcuberg; only one-tenth {te substance appenrs above the social surfes # the explicit farm of documenta, institutions, so Profewions, while the nine-tonths of its substas" Wi ada ee Mie det whan tere 96 your and REE Karine wragnat die Us topcee ea Toaag es 9 Ee qutenTh Hal oe bo M as Ba od tesa mae on Contraxersial Legal deawee, Dushin/Mc™ Ieee dieses cca ey EES a NATUNK OF LAW thot supporta is vixible fragment teade n aub- ‘euunde exiatonca, ing in the habits, attivades, femolant and anpiratims of men A legal wave may be approached trom many fanglon:historcal, prychologreal. economic oF sucslogical Societal institutions suly he Involred auch ante faraly. ‘community, workplace, school or religion. Dep-eeated Filipina values of hiyay wtang na loob, pokihipughapren, Bakiuop" pobikinoma,* poggalang." delicedezo 2d “anba™ hip define and give meaning to a Pitplno's ‘behavior in relation to his dealing with the law. J. COMMON CHARACTERISTICS OF LAW A OBEDIENCE ‘The clement ofobedience ia common characteristic Present in all ypesofInw. The degree or freedom to which f suihject may disobey aa wel as the extent or coverage of the law is what difforentiatas the various {ypes of law. For instance, cient ot “natura” lowe iqvolve all things while human laws are for man alone. The former cannot be mnolated, henea, the element of freedom or morality 1 out of the question. They are inviolable, The law of srantty for crarmple By contrast, he laws of ran involve Ihumon conduct which may or may not be obeyed. They are potentially violuble and tholr abedience ix anchored Tres Tomine, Sa! Oner andthe Limit of Lae, Procton Vaverty Pree, 180 9 alert, aha eves he Pili oat la wap which weal protec at amity an i far tiara, a for ene proton gio abe nae eth orn ateraig nega aber the Wht om aut he Sele wah te respect hater” "Mlagning “tab peor” arse thatthe Papin shoul bare property sand wvald tot thee weeny dog metbing that weld bart wr coca om GENERALITY rcgle oF generality Sees Tawa ay 5 she than particulary’ Gramed. The rules ant ater teog aca red Tight oF prhibiting peed hs int ppt wo oll ood thou excepting ee Sound wet fous on particular drivers, driving pt? Gon under particular circumstunces ‘Thy fot Sree be stat ona De deer young. z posectubables, br the type of ear usage theliw ov robes, Under thls principle: the i va lee mardi of otiulaeateondant circtmmsae Aba, fom the point of view of generality, a tegal question are made in advance of the cireu of the appbeatu, This means one knows dn adces that be wool baw vnlted tho Law if he will eect, rd light or erved the maxamum speed limita. On gat sesame to new io advance a etatutory rape herpes er sconmitid witha git, say, below 12, % ‘Tee principle of senerulity is sometimes contrana ith that of particwlaray, In the latter, the police offer f exxple chooses to apply the Inw depending « pesallar creumstances. For example, fining the por nd uninioon bet exempting the rich and powerful was fs pling the rich and pows Case stupy. Frederick Schauer distinguished uhe partie wn the generatistc decision maker: 1 police cffcer stops driver for unsafe tet bercnlarite plice oboe nelng dare ears whether to summon the the condiine tf Curt would take into account the allt 00d. the amount of traffic, the the car, the onan’ of day the type and condition of *Pevience and previous driving of the driver, the explanation offered by the driver, ‘end perhaps even thw ubility of the driver to pay the ‘At itx extreme, pariculurian is about taking venvthing Ino neenunt. By contrast, a more gyneral decision making. atyle would not focus so onely on particulry devem driving parteular cars under particular Ereutostauces, but would rather have Taade the decislon in advance about an entire category — all drivers driving all cars under all conditions on & ‘moderately large etreteh oC highway Whatever real Aifferencoe might exist among actual drivers, actoal ‘¢8r%, actual conditions, and retwal teeatinns wold bo suppressed in the service of making decisions Dasod on large categories rather than on excvedingly ‘arrow and situolinn specific facta” ©. PROMULGATION In Aquinas’ Treatlee on Law question was askid whether promulgation is essential to law. Ho eaid it is ‘essential, and refuted thw throe objections which argued ‘that promulgation is not eascntial to lnw. The objections ‘raise three points: #) natural law which has the character of law needs no promulgation: b) law's furce affects 20% ‘only those to whom the Ins is direeUiy promulgated but talso those who were not parties to ita promulgation, eg. foroigners in the Philippines are subject to Philippine anal laws even though they were not present when the ‘Samo Wers promulgated; and c}the foree of the law extends to the future and binda those unborn at the time the law Was promulgated. Aquinas replied that. a)-natural law is romulgnted.” He reasoned that its “promulgation” can be leaned from the fact that God inetlled natural law “into the man's mind” so that this natural law can be “kaown by him natorally;* b) those who are not, present during. ‘the laws promulgation are bound to observe the law ib {hat they can be notified by others of the lave after it wax “Peederck Schauer, The Ceneality of the Low. 102 Weet Virgnia Law Redux aie tet of written chor proms ee teatnualy proms cow ges then ue lao Se ee rd om ea Sin Sat OF LAW 2 Te ease own” an tbl een STR nel teas Ce aa ais must appr ak a pe 9 dig tothe wilh ofthe leit * ing tote report of UN Secretary Geng ea rE SR sete Cou rae oie oy Bo ue wc tl eon cin Free poi, eluting toe Steal Saree needa ore 1 pet pooled 2 quatyeabeent saben stint, and 6 emvent with internatial human res forme mad weancarde = fie ow shan rege acres Ws Be taser as pres 1 epee ew, ref ta a ier any persmva eretion owl, 2. seomptatabty to the Law, i4, one is ble balled wa er to render am aceornt klar 3 er, 3. eircese in the application ofthe law: 4 separsicn of yowere, 5. particigation i decision making NATURE OF Law ~ 8 Tag curtis, 7. arvidance of arbitrariness nd procedural aod lngal transparency. carer, a ay "pn ty a eaten oe a Femme eg Sy cee po Miah Sat ca ‘betinten poor and “item Sermon Penge a Lave. Pit hehe tnd Votan ens wel 4 Pos hase kw od TS Satins Crtiet ma ra na wate raven ea, Rar oh Beery 7 les require ots slach ae difcutt crtegend normal compa [Bales are changed soften ~ its ial to fallow ‘which ane isthe lane Rakes only equine those affocied wig they cn ermal ‘Rules generally emnin constant Thersiea gap between the rule (lew) as such and the taplementing regulauens (admin tarauen, ‘Tho rutes are uni formly observed by tho lawmaker, would toed wo gow eqully in wiadoxn Whereoa his ight betas for Cntatlectaa] er theoretical Rawladge, {doubt Uhl ie ue {or wiedom,ltlleeual or theres! knewledge «knowlege tht a onderetood nly at cho inicliectual love, whereas 2 dom nara tt experiential ev my Wen {nividael realize (i. expercences) the trth of his preser Towle tnt the kowedge i ceranafrmed inte wisdom tind makes the pervon weer. 1 Ube truth (scaly {Belo rea intelli hora) knows wai doce not lead to personality tranaformation ofthe indi ule case STUDY: ABRAHAM LINCOLN ae eiow ea story oF Abraham Lincoln seh century newspaper. Do you think Abra ein Sy is wise or selfish? Mr. Lincoln once remarked to a fellow. ‘an old ime tud conch that all men wery eet g mr atm in doing good, Ha fellow-pascey "PC Gnoning this position when they were pacer "as Corduroy bridge tbat epannod a slough Ae gn o*a this bridge they espied an old razor-backed ac, tank making 2 terible noise because her piety” ito the slough and were in danger of drew Md gx ‘ld coach began to climb the hill, Mr. Lincoln ces | “Driver. cant you stop juat a moment?” Thon Me ee | {jumped out. ran back, and lifted the litle pige saree | tnudand water and placed them on the bank Whee = tamed, his coropanion remarked” "Now Abe, wher he selfishness come in on this btde an | Jour soul, Ed, that was the very essence of act | Should have bind no peace of mind all day het een and left that suffering old sow worrying over those pays | did it to yot peace of mind, don’t you nee? Pe! 3B. PLATO'S VIEW OF LAW AND WISDOM In Plaw’s greatest work, Th st work, The Republic, he considered the rey ef ectablishing «state in which law is omitted, and when intead ruled by the wisdom of tho Plullasopher King Fe 3 eae ae, has its limits. Human institutions -Including law us i fo wisdom, Law's rule suit te average man in averse solutions iE hey are not capably of dimpensing customired and fair ‘Rlatons in every particular cane, In Statesman’ he mye fw dee may Rely comprcheod what, ix noblest and moet Jo for all” “difures ‘cannot onforce what. is bost.” Thi ts x0 becaune the lerenees of men end actions,..do not admit of oY universal and a "Wialroman top Medea hecse Giee d Pradtienag jx Vantin 20 cueioapae betwen BOS AND EFTRCTS OF LAW simple nulo, And no art whateocver can cianlarals A ny doen n rule which wi pre se i a he tng ok Lefer ep ee ea rae eer repyeengerred rh Sg pr ce so pe pene’ a im he ret tba ioe ede A es en eg ey ft nd ven ok alg oc Rep afi ea ad swe, tb rg eo Serra igh att re ia eri cis # en sige ont ie Paoreo im Teen os ei in i Siena oe i Ce Pe ck ee ly Gren efcgmann inl rr Beatin orang on Yn Laws, Plato, spenking through the Athenian strangor (zenoe’) broadly defines Inv as “opinions about the future,” Be says ‘ie general name for these opinions is "expectations" When the “Pian Hcfaman, 24 (Benjamin Jowett crane) tn Pais ter wonhe e en sera es Ge end hr bm cemnay ~ wo ett mie ‘Tire br nda tp cont both rulers and Me raid % "i awa nnd ht any a mu pes ae po m4 seen nem oy pra he re wna Minna ewer , em ina er ‘Dap Dans dy irl Ura ST Tray fic ane pel wed ly «ne COME Yer, 100 ae er Le “Oy vnc tw 7 Oh uel mal onto nd we er th rns dun Pre an ae er Peston cron ypu ad uring pn Th eee 2 ee ee ea pan eet Fer Te eid to pe a ita ST acc: the ny We i pn te ee arse iB cure ihe nae & “pleasure croton aa enn 8 decree by th ep are ied Lawt™ ‘Asoung the “cords,” there is one that man “ought to graup” nog spever let go” Man coght to “pull with it against all the rest." athe “sacred and golden cond” of reason,” also called the “ awe of the srate™* Further Plato says of the different “cords” chy pul} man, “There are others which are hard and of iron, but thy ‘one {reasaa! w soft because it is golden: and there are several tuber kinds, Now we ought always to cooperate with the leat ofthe best, woch is lw. For inasmuch as reason is beautifl and gentle. and aot violent, her rule must needs have minisien tn ander to help the griden prineple in vanquishing the other principles..[Tihe individual, attaining to night reason in thus manner of polling the strings of the puppet, should live Secon to a hue, whl the ey reseving the same from some god or from one who hax knowledge of these things, thea catody on law, tobe her guide ner dealings with herself nnd with other staves. Plato believes. as do Anstotle, where a z SSL deine hh pata ant pote, Such hit folowmen. One nequren virwies ond shir aes? ra skills in sent in retar shore thee dle are poem bee wee ‘The state i¢ a man's soul writ t ‘i veaasite wrt larg, Jst a man ee tn blac the lens within, wy needs en net ie “ass re pany framed fo dhe make of goad rR in that it is only in the state CHAPTER e END AND EPICS OF LAW onder to instruct them how they may live on friendly terms with one ‘another, and paruy fur the sake of thove who refuse tobe instructed, whose spin cannot be subdued, or softened...» Laws harmonize the elements of the state, and help Usem find their nght place. For Plato, the customized “ft” ofthe intelligence of a wise man ts the best antwer to the ils of society. He proposed that euch ‘man should rule society, calling him the “philosopher king.” Law is ‘too peneral and does not "perfectly comprehend what is noblest and ‘most just (or all” bene “cannot enforce what is best" Hie ead the “Uifferences of men and actians..do not admit of any universal and simple rule And no art whataoever can lay down » rule which will ast a lifetime “* While the gving of law is the jb of the King. but the “best thing ofall # not that the law sbould role, but that « man ‘should rule, supposing him to have wisdom and royal power "= For Plato, true power comes from intelligence and imdrndual wisdom railing society, not on the “blind” generality of rales. ‘Asiatotle disagrees. For Anstotle, political power is best ‘oxercised through the “rule of law” For hina, laws are products of ‘reason, not of individual passion. An individual may be subject > whima end passion, whereas Lawa would be based on reason, fairness and justice. Giving absolute power to on individual is 16 court “tyreny,” abuse or the preference of the interests of the Jar to the detriment of the whole. If mature persons im & cemmunity take part in the formulatian of laws and place society Gnder the command of a legal order, this would be more conducive 1a {the attainment of the common good than when society i to the whims and passions of one man. LAW AS HEURISTIC fo ‘ote ‘ruth or solving @ problem.™ Heuratic is r Syslheee tht leads io a elution that is mae o es nee te Tar a in ‘placa, Siotnmam, 294 (Benjamin Jowett Leas! « en et eT DY APPROACH ‘ACASE STUDY APPROACH tet pomible answer Law as heuristic’ thus means law iy ‘crue cf thank ar a enceal principle which ts true tn ‘at oether accurate nor reliable in all ease, Vtwrintes are hae on the principle that some ea ‘ere aneuined as true becuse previously these asserts tracesful m presenting « eloee mdel of the €r0th. Thay ney {2 legal theory when at inivcuahaed case-by-case analy be impractical, mater as practicality” la defined by the intense a govern ty.“ Fo exanp the TU age for peraane lg ard i he Pion 18a reautred by th Pang Cae* The assumption ty ote 18 mature enough to eniberk long eomimest wach as nareage by the tim y we he Ve 18 Bai ecm we ated on ease yeas Rae vite, ‘mt Orbers may mature as early ay 14 oF aa late as 30. CHAPTERS ENDS AND EFFECTS OF LAW EQuiry “Where tava diapence with equity, equity should dispense with fous.” “= Sir John Vanbrugh 11684 — 1726) ‘The Provoitd Wife “Bquity: Simply a matter of the length of the judges ear” — Frank McKinney Hubbard (1868-1950) The Rycroft Dictionary Law as ‘equity’ has two meanings. First, {t may refer to ‘fairness’ or justice, as ln treating people equelly and fairy, and feecond, st moy refer to the rales developed by the Court of Chancery in England in the 19th and 14th contunies, in England, equity developed aa a soparate body of law ss reaction 19 the inability of common Taw courts, io their strict adherence to rigid wnta und forms of wction, to provide a remedy for ‘every injury. ‘The King allowed equity law to be used in eituntions where juntioe may be gerved botween the parties where common law pres ‘no or inudequate redress” ‘Aristotle believes Chat aw’ is ‘preferable to that of any Individual,” and maintains that absolute monarchy, oF the arbitrary. ale of a sovereign ovor all the citizens, in @ city which consists of ACASE STUDY APPROACTE . utara fr 0 mt sou be abo he ssa mmr eran en hen en Bren be eter fr eran nde teen, they should Eel unset ln Slt be Sie Sooner ome Aen that it lays down principles couched in generic language. But there iene chen tinct preletopromounes ghee forall iqwie cociaia Ue maby ston tine See ius be sp mnan made Ty wre teks Uae oe law ah cor cat Ue a he on ie este hte fe prtca ease Tle a whe, olga er Aretha equ tha rceton fai far ‘tv is defective on serount fit generality» Equity Was neceasary ‘naligoatberguref icine, Uptime eserniod aa Paterno gr suse There woul ieays esses ok the gray and overlapping areas — beyond the reach of the law. ‘This ity Anat ienied tat cere ea enone lew There enn that ne ow an Eee = to te ind or peas wk amen pom hab nets ag a ‘although be has the law on his side > aa ar 7 The source ofthe diiculty ot legal ustce, but a rectifct fer thins that aw is aay 2tes which itis not powadie ‘This i the exsental nature af aw where law is defect is that equity, though just, is ton of legal justicn. The reason €encral statement, yet there are over er Ina general statement ofthe equitable ve because of ite isa recuifeation gare X08 AOE tay m stander, ke the leaden ul ta bat ral a ot rgd bat can ttn un Ewer a fsa apecialardinonce i me om gh cat a, 2% Ble Law Dicoary dae uy a sited alee eae ie ena. Sete! Smee ee ‘ra orate law woos an oleate roe 2 cre Wt For Ree a tl nd etween these or abuse a Tegel ons on thother Hewat ae edema Sipe eervctin of elmer cael eee seins Thieme the atc ef theca ae ‘Court which states that equity: {asa complement of lege! jurspradence, us that which sccks to reach and do complete sstice where rune oat, through the inflexibility of their rule and want of pes to adapt their judgments tothe special creumstances of cas are incompetent todo. Equity regards the spint and not the ete, the tntent and not the form, the wubftance rather than the carcumstance, 08 itis variously expressed by difleret cota * ‘Thus, equity jurisprudence is- ‘A formal set of legal and procedural rules and doctrines to aid and even override common and statute law inorder to protect rights and enforce duties fixed by substantive law = i y reason of tb Judges must not decline to render judgment by ‘ener, obscurity or ynsuicincy of the laws They mst ot era, fhe responabity of dispensing justice due to an apperst ow ‘enstece of any law governing a particular dispu TArwille The Nicomachean hier. H, Racsnen rane, Unk Com Lagary, Harvard UP. 1904, pee Plea Betis Canine. el. We ‘ACA GTUDY aro wr invlved a vague oizdeunte. Judge mst always be gute Wegner and orn en he aoa Equity law is often expressed In maxims ike equity sufers not 1 right without a eemedy, ‘equity is justice tomperod with mercy," for equity flows the Lew: The latter, expressed in Latin aa ‘equitay ‘exquitar lager, simply means that equity will derive tke means to ‘achieve lau reeull when legal procedure is inadequate, CASE STUDY: Taoae ease wher theo buildings separately owned bythe wife was domsolished in arder to ennstruct a new structure which is now commonly owned by the spousea ‘ed bene dhe cajun proper ofthe spouses), tho ‘ife’s lam tobe reimbursed of he value of hee a prop ‘erty was granted by the Supreme Court even though the law does nat expiclly grunt her that nigh, saying sansa rt ate aah ing in they wee nf ho tothe fee aman eta er aoe Spratt contention tat eas a se Oo Gi die pe roe fr wntarees Seg cruised improvements tn wo eds eh eset then the matt ae cle aa iscone of thoe fundamental principles wih tke Invoke ta order torrie sta elton that sake eet 1B tho vehement urge of eonasinge ot P™N4 reaped, EQUITABLE PRINCIPLES IN INTE: -RNATIONAL ENVIRONMENTAL {Common bat Differatlated Responabiiten Thin principle (san oft of thy ie & ‘common heritage of mankind,’ thu sees at ‘tba marine potion Tha ot cathe bisivernty hn a — Slates hove met ‘protectionand pressrvaticn sere etn cna a4. ENE cenenra.’ However, due to diferonses in each {ortho global environmental problema er wea fconomie aod technical capabilities, ther ontebene eee ee the some, According 10 the Alo Declaration, Pa Med net be In vio i ier errata sn ee cc ed etn ie ero ai races fn Nan be are earth eerae are seni hs hy th nape il ese tn re fannacial resources they command, ee wt In the same declerotan, States agread that ‘Yhe wpecal sto: ation of developing countries, particularly the least developed and those most environmentally vulnerable. shall le given spect! pnar- ity’ 2 Sustainable Development ‘Sustainable development assesses o quien deepen in relstion to its long-range impact on Ue both the el acd wer 2 reeament tian modern concept, Srv defined in he Bunidand severe oo that kind of development that ‘nee te nee of he sre satnout compromising the ably of futore generatiens to present Tr own weeds” Sestainebi development submumes te concept he concep of eds in partly ihe caer we drat the worlds poor, to which piri shouldbe give: end Teo of Lmstations imposed by Une tats eeeloy amd xa secation op the environments aby to met the pres future needs.” ‘Thomas Joffarson,centurite before petaged the mr BY oung that the ea Elgin ith han! oh eae dobar dminabing (aku the prety mM noturally deteriorate overtime e ASEAN sonservation of Nature Agreement on the Conservation wd et SEA te i ra frau tens tat eter concep This wna tno yours before ho Buntuland revert. Tho 104, ASEAN Agreeront stale hs framework of the The Contracting Parties, within th a6 eapectiveratinal toe, undertake to adopt #inalys OF whery TEPTSiny amd appropriate through concerted action, the trrnoures mere to sain escent eclagial proens tard Lferupport aystoms, to proserve genetic diversity, and Srienoure the stainable wlilaaioo of harvested natural reourees undor thet junit in acordance with seiontific DPrincrples and with a view to attaning Use goal of wustainabla evelopment Sustainable development i¢ related so the ‘principle of auatainable uae’ which ia the prudent, rational, wise or appropriate cexplatation of natural resources 1 w also related to the ‘priaciple of integration’ which mandates that enironmental considerations need tw be intograted into the country’s economic and vtber development plans, programs and projects, That in plotting development gual, environmental protections must be integrated thereon, SX Intergenerational Equity “ntereaerationa egy’ tives that umn ‘the natural and cultural environment of the ee Earth an common both with ocher members of the present generation and. with ‘other generations, past and future. This means ‘generation merely taherted from our anestor af the environment. Consequentiy, we have the concern ‘ligation to pass on fur the benefit of future genersne ees srelbproteced and preserved cotaronment. The gucem eo ‘alld inter-generational justice f & ‘em he present our current tate Intecgencrationat equity 8 ditagvish generational equity hat he ater mann Prudent une of naturel omar fr the bone ‘intra ‘ations within the eame generation, of other ppt oF ' \ ETE = ‘CASE STUDY: Oposa , Pactorans ‘he ltrs ste sully lod ote ke Beet There ware ft are Se Doris cad he Polite fan NGO geared towards on ‘prosarvation. Tho petitloners stated that enuticd See st or Strout iatbecumgfemen ng et preyed thatthe Searan of Ean ae ee Raton Ne aga ended eee ah Uber nue agement nfo docs fe ne Environmental. ecw vinta pion nd rnccopting, processing, renewing or appriving new timber eensing agreementa ‘The petitioners fled this case on behalf ofall ube children of the Philippines and also the namoathe yet ‘unborn gencrations under the principle of inter-geners- tional equity. The case eventually reached the Supreme ‘Court, and among the tssucs raised was whether the ‘Plaiotff children have cause of acon to file a Lxpayen' ‘lass nuit of this nature Held: We find no diffeulty in raling thet they can, fr themsalves, for others of their gencrativn and for the ‘sucrveding generations, fle aelass wu. Tir personahty to vo ln bebal ofthe rueeeng generation ancy ‘based on the concept of miergenerauoral responsi insofar as the right to a balanced ard healthful cedeey {concerned Such a right, as hereinafer espcunded tonaiders the “rhythm and inrmony of nature” Nature ‘ACASE STUDY APPROACH ‘ vadhte, offshore areas and other atural resources 1 the ead that their exploration, developrect and villzauon be equitably accessible to the proseat as well as future generations. Neodless to tay, every Keneraton tas a responailbty to the next to preserve that rhythm azd barmony fr the full enjoyment ‘of balanced and bealthfa ecclgy, Put a litle differently, ‘the minors’ asserbonof their rgb toa wund environment constitutes, atthe yame tine, the performance of their bligation to enaure the proveion of that right for the ‘penerations to comme. CHAPTERT ENDS AND EFFECTS oF Law HUMAN RIGHTS “Wf civilization isto survive, we must cultivate the actence of human re _ the ability ofall peoples fat hinde, 1a ive together, in the same world at pee? ~ Franklin D Roosevelt Husnan rights are those rights people are entitled to simply Decause thay are human. These are the-fundamente and inalienable rights which are essential for lifo as e human being» Human rights are a set of principles, laws, rules and standands designed to protect, 5d promote human digrity. Lous Henkin defines human rights tas those ‘liberties, immunities and benefits which, by secepted contemporary values, all human beings should bo able to claim os of right of the society in which they live.” These rights arise directly from our nature as persons, to which each human being, irregardless of race or nationelity, must have. Human rights are innate in man, which the state may not deny to any one. They concern oot only with ‘weial or political freedoms but also on those besic things one needs: ifone ia to function and participate well in the community of maz. Human rights also carries with it corresponding obliguton, whieh ‘the duty to protect the human righta of others. Examples of human rights are the Emancipation Preclsoaton of 1863 and the subsequent amendments to the U.S. Consutoten oer ahing slavery allogater and prantesie citizenship ang, aoe ionver slaves, Huan righa principle stondiy quigg seeMancem the 2th contry, peticubarly after the formulating y ‘tho United Notions of the Universal Declaration of Human Righy, Te ige8 Despite ts many ee-backs, human nghta Laws contingy, In their ascendancy and acceptance ‘among the governments of thy sold For natural law today, tt is human rights that claim, to be the natural, higher nw, not the divine rights of kings a tha aovereigty of the sate, 00 the inferionty of women Sr racee In poniive lawe today, it humaa righte thot am ‘talonal and international law, oot the ws of ELUCE oF aoe Uther juraprudeoee of terror. The iea of human right tecepled i prinaploby all the goveramentaregurdlos of ether \devlogy, regardless of political, eeonomie, or social conditions: Historical Development Man hin an te of ann ine, dat rm many sur arts The ance Creek tnd imate al Ramen out he on aa ‘uw, Socrates, Plato, Aristotle and Inter philosophers such as St. ‘tea 340 AD aed tt eerste is trea ai homan tong sha a Sb at Crean plc ae \uinas, joined this philosophical stream put natth ‘enon bt ude ut achrearaae ge Man represented the highest creation in the ecemoe — an ci Nin, Dad a Can a ater csultivation of virtue, and compastion for one's. rien : tin the vl of nest ty ene enmes Te ‘tome tEa nde eam tt nal oF ‘social oFder,’ requires: 1) that h oa ie Fighta of individuals oF even humans; Zs thar Roe inna dt andra wrt or ree oan Sentara tt ame aw nce) a per 2 inatituted a comprehensive aysven of gh jeune ‘orn im Th aha Man Male elder Wrsrirw cine having funcUooa aioe to wetatoeoners ‘worn Sey basa night [alam low antcipsted modor egal sete okat, 0 compullory saci welfare tax oa ‘aroma gta Fog ctizan’s earnings The zakat la to tke care of the mange, and of both exons and noweaivens ike The ose Godges) ognrded buman rights ax an integral prt of lala. Ane (out be conailored religious the dor net gt egho ot “a flomroen: The measure judge mare napectyotes bieteleity poop, not ow much he pay ee cena enn cian va ntti armed gi we ea rn at nia oe dre the excessive une of royal power ‘The Magna Carta is on important pera rr gn Toca Cae mo rg, eM ene Gwin en een am ieee tee Concept of Humanity Douzinas believes thatthe concept of arity’ ia a modern Invention While Athens and Rome had ‘tier’ who have right inv tauons towards the community they di nt bace the an aoa cnmon humanity who are members fe sae hutean pe rete dichotomy between {rec men nad slaves io the cme ae that of Greeks and barbariank: The word “hwmanson SanTSTTA tat And 1080, Haman gia an Ue en tpn on rah Sn Ae Fs in earn ome Tg Se fea eth ning Se ea ere Cae age rn Aroha A Teg a Ting dnr a ct Sane ee toe Sryyyen Jone 16732 Toe Ma seen anarmede oo Sar ain ac rs na NO Tekin unger De wy Seer out tar morn Oa i tant win rg entered Sr yented eeepc by count oN Pe poor ‘Caan und the enn were ene gunrasiee PT sein Bash SA ww ancioat Rome waa a tranalntion of Creek paideia, which me t cure an ect Hae hanes th aan for the we ‘red nul eiucated. as contrasted with the hanio harbarws, Both ay doverned yw separate at of lave. In Konuan law, homo humane ‘the “human man, was governed by jue civile, while th . ‘arburus, he who supposedly lived at the periphery of the waa under the jux gentiuen ‘mmpley, Aditorontconceytion of humanitas developed under Christian theology. one where ell men are equally part of spiritual humaniyy ‘ner Gra who can be saved Uheough Ga plan af ealvation, This captured nthe Pauline statement that they can be na Greek or Je freeman or slave The belief in ancient tines that poople aro either ‘Sltens GF non-citizens was converted Lo that uf humanity’ unde {he banner of roigwn. This aguin changed in the 48th cuntury with ‘he rise of Nberal political phihoophy which trnaférred the conse Nusa tan Godt aes sure The eee ee 1 na ult ad univers ion which be ponwesod ‘man ening hi When wo vin all of oe * porva's Sarre avay, thre reman mn underneath that in worthy a rape “eat ce ey a2 ta nt Caney ener cultural backyrcund, and eee ete wad ants ore all accidents of birth relenseeges one Natural Soorsentl character ee ee 1 th Contingent and accidental Bay ENDO AND EET OP Lae " Jurgen Habormas,on Ube ceo Wurman ord eee ha ma fnbantance but in tho onone a inegnty af OE deat te the ats of thle for tho ere hinen ences atch Ws tho origin of human rationality, and in won in nis ftien forthe Human speci, from which human sate teat Por Tlabermus, thy “universal mora aoe ky of buman eter cl toa and ele et Bo Human Rights Instruments A concrete example of international buman rights law Univeraal Declaration of Iuman High of tw Cote ne ae of tho United Nations. Technically, the deansten ewe hey Dinding, Tt began tn 1048 as an expreesin of pneral prncigke law recognized by civilized nations In time however ithas aqqened the quality of “customary av,” that 6, has now beam binding injorationally ae part of tho law of mations and tntermational ‘customary law According to the Encyclopedia of PulilieIneraationel ‘Law, tho Declaration is said tobe based on threo premises. Fret, all ‘human beings are born fres and equa! in digmy and night, ander ‘Anicle 1, Second, evoryone is entited to a ncial and international order in which tho rights and freedoms set forth inthe Declaration ray be fully realized. And third, those rights apply vo everyone wathout nny form of discrimination whawsoever.+ Bachr and Gardenker summarzod the rights under the Um. vorsnl Declaration of Human Rights os follows, Roughly three categories of righta can be dustingiahed tn tho Universal Declaration, Firs, certain ares rete to tho liberty and spiritual Integrity of dhe human nerve, ‘Theso rights include that of lif; the prohibition of slaery servitude, inhuman oF degrading trostment of punisimet arbitrary arrest, detention, exis, and freedom of Conscience, wna religion, The second entegory conces PEE, ‘Wa, including the right o freedom of pinion and Te fand peaceful assembly and association and parionsist © government, directly of through freely chosen represent’ OT, (300m AND EPrEe ROW r On wirts, among which are soeinl security; inp] 5 prec at; reat and lelaure; eden “any mental uneimploraent: ier tnd participation in She cultural We of ene’e cormenunitye "® ‘nin hitter and high, that sienitar si i sre teil ta undermina the fn ond cna e en of Hom so in thir gvernmern a Jo tromthe Univeral fhelatatun of Human Rights, hog peopl overncers, and 19 the daly coches tes sorta in natant tht cps the Interna “hres, nh eter se ated ‘Bin of Moran Kighta nee the tnteroational Covenant. im Cy snd inruponof publi Politienl Rights (CCPH, and the {aternotional Covennnt a Eoewmie Secu and Cultural uyhta WCESCR), beth ena, fn 1905. The CCPR guaranies respect LR individual! want distinction of any Kind uch Poe colour, sx, langage, rellgee, 5 political or ather opinion, eationel or sein! origin, property, birth ir ther status. 1 alan mandates that Yelvery husnan being has the: inherett right to life’ and that this right “shall be protected by law: ‘Tho ICESCR on the other hand requires States to provide adequale ‘ isiproved living conditions for ita resident. It recogalzes one’ = Sebo werk with ‘ir wnges! under ‘safe and healthy working ‘conditions, the ‘ight to education,” and ‘social security benefita”™ ‘Tho ease went up tothe that the right ta free apeech and penal cat One fundamental right of the poople granced under the Con, stitution. Such right must at be vapprensed Teste ‘Mayor in effect didnot have the lop power to grantor dlony tho permit Hi only power being especies which streets tho porede may past hy or which are he meeting may be hold. An exception in when there i probaly of serioua injury tothe Stat, which 4d nt exit thin tase, The Supreme Cour. quited US Supreme Cour Ju tieo Brande who said in Whitney , California Vat Pent of werioun injury cannot aloe Saif rappreasion of re inpeech and assembly” ‘Supreme Caurt whe ruled CASE STUDY: Primictas 0. Fugosa® ie remon: ther is reasnabte Sasi apo rviun tern nl ch be, Passions. apeelally on the purt of the Tosing geen at pS, ree mea iNAR Bache and tana Gorden es Seer" Pe Ure Nine Meaty and las ce MEM baie tgentiny {dead (Torontc: Prone} Pesce and CHAPTER 8 ENDS AND EFFECTS OF LAW EQUALITY “Nations will rise and fall, set ua ercin the idea ‘universal aim is 10 achieve respect for the entire human race, ‘not just for the dominant few." = Carlos P. Romie Equality bone of the most fundamental, as wall as parades aswell as para pencil Ono ta eal ih nna of mon of world’s legal aystere, The concept i undersod t ot equality before the Taw” er ha ibe belo law’ ar having equal opportunites betes the la. Ths teens when itcomes to hs onl poteionyct oe law. all ar qual. Equal opportunites means the mghiig nc stey fits, for matance the night 0 be emplayed wy ee ae enplaymeet without diseriminalion bascd on pendent eT religion or appearance. In more advanced countnen dicen gee on account of age agian phyieal bandiesp nach assraee bility to walk and eerual orientation ere preieg, NegBeOr the Prauing equality for ta own sake, howe sd realism nbwurity. Obviously, an fst rere Peebles Abualitonqushiysimponsible nang ocean ormege eE Jour Justice Judge Weeramantry observer. trations No two people are equal in all res 4 moment of time. The inoqunlition of talent ge", attributes resulting from nature are reinforced rad other nd social cireumatances, which. aa individualy sneP™C Me, place some at an advantage aver others, Ax iheome of constituent elemento sci tintivotoon eter ste say at is one eburacterutie or ln ont momen ef tre i pteay a8 impeuablity, Far greater ia the dificult of achaving prora equality for any perlod, however short A permanent a of equality therefore tenn imposuble dream ‘Within ths obvious and natural existence of onqunlity among ‘us tha pursust of equality baore th law is el eoadered ‘0 been fiche ‘time-honoured cbjectves ofthe law.» On one band, there a he Impossilty to realize mbwclu equality in pracae och that SRS Law must diferenuate beiween perscus or yroups of persan, (tnd on the other upholding the equality primopla ois wisn vast wpe is let out and discriminated io wai,‘ tension betes Teaco wweo conflicting aleals i» somatunes called te ‘pardon of Vor th emma of irene Blaisdell ality is aot even desirable, bea a8 Se nor personel cba, ann mcd TA 4 ver contral alemmas for aur Iawenakers judge and i ewe ae enlstratorn ist Gnd the bance between acrmovieding Dat atural inequality of capacities and needs ext, ond Cas aa! ty and eliminating dncrination say be Pose quai # Jn Westen sepia adn the es eet ‘i red ty Slacriminaion) hae snes Cena ina desirable qual? in what sense aro WO ‘considered nerd a nurber ofc Wilhems in The Hes of Egle era ne slderations to help ‘save the HoT ueruma of ueresee® eran Neve te prt es cates Heenan Cot 1o6, pean ton eid S106 sg Tesixoe J. TM Ere Tene 08 no, ee 1090, erty ing Leow, Cornell Ut On he * 1. Common Humanity in Vosges Men are equal in that we belong to a commen speci x ah ve spurns wtp alata ieee lve nsoenangee Been (ietane ead Jone Ws pp Annee Herbed done rail ierenons Alfa pain in bh pt fp bt, YA ce are rgd cbr peveheloicel wnae, and have be capuciy to bd en “dtr od equally, as indeed wach bas dilerot capactiva and Sting Se thers Willams annied thatthe who dating fH gal cuy wl wpe ig eta ed ater eroupe or raro a cegect the ioral claims ofthe meget : Zerton Ww mare rcegitedInequalis’ Far example eh that group's capt to fel ain, wt” bo deliberately eveie in praparind rich may davelop kidney allment requiring medicaten, or dhurogard howe capacities thereby denying the aller gross, she Potho rich ean pay any Une the pour eanma The principle of ‘moral claims: oF €) the so-called ‘eupenor” group have just. esses Yi ge thus requires Uhe law to positively intervene and astcpale themeclves that the other group has tbise capacities but to my Guienere nore cortaln soginenta of the population canndt ava of segree’ There i thus Ube sttempe to de-humantse the moet cas wperone due to paruealar Gere woh ox poverty aR, Atwther grap rac natonalie, hyn orcomeannemeeree eal es OS Eph cane, ny baited a Monae ari cour of bene oh aw ee Ta oral Cupacitios rt unequality ofthe atuaten mi ee WBashen dha patent ae lative unc. Aged ramp ofthis price sso, Soe eau ak publ arma peop alte ay eirng rampe for bung Beng ey ees fe 8 Iectual, physical, emotional, aruatic and ¢ ai aM a roserving buis seats fur preguent womes, bl or instance, not lous can becute gymnasts, consti eet, erence” Siacounted medical ened te eestor otnent, Everest, Yet. Witlams argued, there. ee a Lakbow the ability or capacity for CASE STUDY: Villocene wchievement of the highest ki Ns See id of moral worth: People “pacity to care, help, nurture a bb ad itt of Man seedy et Ascarly as 1018, the Mags ot a rte nat tind defend ether 2c the hae ol rela Hi cumaginable ways, suber prone inal sore of 8 ae evden cna toy oft ee While this {9pe of thinking i found an the toching o l'art reli =P act ating of cba water re ara nee ren 2 gions, in Philosophy it isto be found in ius “pus mmakane! * in its “‘puroat ‘board a ehup and had thers rosttutes, made UD M0 eat ek sheas Corpus was let She cane eventual rsched Shae the Mayors act was Mel nny be good, but theres To Poitippin citizen fromm against their Tn this case, the #o™ constitutional guares enor Oy Const vuttnal ght sia Sree by singh Mt oe cauivale nt low Kane's view not oaly carries to the limits the 2 that moral worth cannot dopund on contnguncien, bul ale emphasize ..the idea of respect which is owed toach man agg rational moral agent — and, since men ary equally sueh agente, ‘is owed equally to all, unlike admiration and similar attitudes ‘which are commanded unequally by men in proportion totheig Unequal possession of different kinds of naturat excellence. ‘The yround of the respect umed toeach man thus terres in the Kantian theory as a kind of secular analogue to the Ch conception of the respect owed to all men as equally children of God: A are equal before the Iam, It doon 2 whether ene is por er ich, moral or immoral, Evans Ever enjoys equal protection af the law for the law doc, does. ca distinguish 1n 113 power of protection against whim: it Ata of government ocala. ever wel int commendable the ae may be ntioned ay CHAPTER ENDS AND EFFECTS oF Lay EQUAL ACCESS BEFORE THe Lay “The ls ims anew 1uality, forbade eel onthe port tis nck to be in the tec oe ea roa ~ Astle Pee gn! acco tlre the lw . cor yrtodicton. Judges and ater alesse ue eee lear ar ated ‘the law without fear or favor, and trea all paruea ry Aor oe, physieal eondibon, economic satis gender wml ante, Feligious afiation, pobitea! ews, eiseasn and oe ie that tradaonaly divide society unl oot be ecusdared tral {or disermmination when it comes to access and appa of he uw. Bquel access does oct mean samen For examle ‘handicapped persone are given by law pelle seats ad ees ramps 10 get to buildings. This ‘specal’ eatment cers the Kandicap’s requirements. Equaliy befor tela eck exon access to and opportaniten tw wall of the tenet of lwp implementing special Legation to paricular agaenta of oct. the law intend to reduce inequalities that srendy est in sey ‘Taxation and cocial welfare laws on rrirenent snd bealih ensure that people have something forthe banc need and recy the gop between the rie and poor. Antiiscusinn end 5: hharaasinent laws aloo seek lo redoce inequliues inthe omen? aed in In Criminal law, the nocused so he hare be trend equafiyimevery stage ftecrimra oi: PS TS ‘must alzo have equal access to al te benefits the pene rneana the acuneds rights rust De equally oF nent Migul cem tothe beefs of the law angst! aan ont ae court rom ener Firmen and impart Seer ater Consequently. the pees flth int Seftatcmengtbned. and wu obedience tote precopta, Under the Labor Code tis unlawful to dismisa an exy because of discrimination, such as those geting carried or gene pregnant. Whe this is» good thing, much needs to be done. ‘ifve not yet gained inroads in legislation agninat fookism’ wc, in discnmination based on one's physical appearance and “ageion, ‘which is discromination based on age. For example, We can sll reed employment advertisements requiring applicants with ‘pleasing personality; ‘at least 54" in height! or having ‘falt complexion’ ‘Ouber establizhmenta require applicants to be ‘not roore than I ‘years old In appropriste arcumsiances (unless height or youth are inherent requirements fr the eb), these may be considered a Kind ‘€ Tookiem’ er ageerm’ asthe case may be. Equal access before the law is sometimes criticized as one being more Yormal than ‘real’ For erample, Setar hotels are in law and theory open to all. yet everyone knows only those with ‘money can aflord Urs foiite, Anatole France said ‘he law, in egalitarianism, a well aa the poor ta sleep under Irsige, a begin the streets and teal nead nS? POSITIVE DISCRIMINATION renee toe eeasecia anime rl trina discrimmated minority It ts ofen instituted in. schools and eer ns mens mca a retaken ntocreateabind equal representations : ‘The function of positive ln in to compe Peertunition acer Be i pete oct 2 senate esi ts man, Pe ‘employment equity tn Canada and reservation in jeige Teaeanciaimvaaceen sage eee i ashe er ae pea action, It is an intrusion by the government into ar Memative domain of the property owners: The lows alerts tyr te Sid in 8 rey fucose Still pn rer inh sania tgs ca ana fet en te Se Rilpted peas Ste tesorte Care te ain cae en oe we telyrtite omega lesen fo ‘care facilities In the office, = a Cy ti dena en an sou ee cnn a man ma ae redress the effects of past disenmination and makes wire tha ary Giscrininstion dove not acca. SEE SUOT Dap Se anaes ns ae en Mews te we rie Se a peace ch ep, all pong women larga a their a! 30s Aba eaten aecromegns atest gran oti ctor i a Tae co Searing or can ‘While Singapore is known ax one of the safor work work in tandem to deny Saoved by other forvige workers not engaged in domey- qeitk while constantly reminding Ubese women of their 1 “outsider in Singaporean society Taken to- other, dbese maids inhabit an exclusionary space wathln Singaporcen sonety. Employera are not legally bliged to pap thes maids a minimum wage oF pve them any days Uf work, The Singopore goverrument mubjocts them to fiier and invasive immigration controls, requiring them tounderge sedical check-ups every 6 months, probibiting them from marrying Singaporean residents oF citizens fand sabyecting them to deportation if found pregnant. In ‘nina! tials involving maid abuse or maid retaliation fgainst abusive employers, raids are cast as helpless, five victime or unstable erminala* The message sent by Singapore's formal laws acd policies are very clear. ‘They warn the maid that she should behave herself and. that upon any misstep she will be deported back t0 her country. On the other hand, employers and employment fagencon are rezinded ofthe need to keep a close eye 0m the mad, to be nice but nat too nie let abe cruimple in depression ox reat irrationally: “in ery bcd ene tirag metas eal Ss eap tak maton ea "Yeh a nang oherred ta Sigs legal and ‘in wo plas tht bamber of aid in lngaprs ie loo meng hey ‘Slngnpors ancvty und preventing ony penaihihey of folios ean er we CHAPTER 10 ENDS AND EFFECTS OF Law LIBERALISM satan, hath by nature a pose, to prec his propery — that Motif iberty, ond etale~ aeina the yur and ay other men ~ Soba Lecke The Tove of tiberty athe le of ether: the ae of pone isthe ove of eure” ~ Wien ask cONGEPT Liberalism i the belie m the valve of tbe indica! baman personality, end a profound conicson that ol rman pots tt Pere to ho free exercine of human powers Liberian carscs teah ie boliof tn the removal of unnecessary retnctons, oF Jetsam of thought and action. Later it beqgms sparen hs! sree oreo removal of resuicuon was mecexry ie iPS sen ite nchjeved, Tho community, acing through Ib ie; Titame responsibility for ensuring beelthy codiions © oy cee eePMonal facies and safety nels A TS ‘misfortune. sain Lieratiae favors repre eee aut seen, tae Ppt eas PEE, spec pre, Wor ween nn or tnt Jeremy Bontham end John Stuart il Bh? eu tboltlon of clase privileges, gznst the TOT eo Gust and feudal landcovners, Eso: ENS AML ERETHOF La ssccinted with acme fre’ (Fronch et alone’) 0" non-intarveny, hich othe theory tte slate sould ne intervene in eran sara except to break up a monopoly. Inthe late 19th and early 20th conturies, liberalism modifigg ‘i Ideas by accepting the right of universal suffrage and a cortany, tment of government intervention in econumic wuirt In order ig tnaure x minimum wacdurd of Ieing und remove the extremes 4 poverty and wealth The cineca xiatemont of liberal principles ‘were written by John Stuart Mill in On Laherty. England's liberal government of 1906-14, under Campblt Bannerman and Asquith, placed the cade of social legislation on the statute book. Among the Lawn iotreduced were thosa om old age DPrnaion, natunal iaranoe and munitnam wie CASE HTUDY:Chus-Qua» Claw ‘Tho respondent in thn case wes sche ocd ty are ae Pee taught for wnat of yor wer (47%, She coe tmga, peti se In the coutee of ther exsins the eoope Ll fot married wn December 4 1815 wt sea ae Evelyn was them 30 yours old while Baty was 1B youn 1d, 14 year her junier The marrage was abt coonter, ing that the law applicable at that time. the Cr] Code of the Philippines, ablows males to marry by age 16 provided: parental consent was granied. and Wey mather ye her consent. On February 4, 1978 Hempemdeat High Echt Sind aan application fr earanen orn the eplrort of petitioner bafare the Deparment of Labor 1 Bacolod City for ‘abusive and unethical eonduct unbecoming f © igi cho tech a at bar omtroed ly ‘rant in inimical to the bet yteret and woeld grade the high morals ofthe school conn ‘The ease ultimately reached the Supreme ‘The High Court beld declared Exeiya Cina» doecusaal iMegal siating: NEGATIVE und POSITIVE LIBERALISM Negative o ‘lasweal Uiberahar refers Wo a state of being free frors constraint It focuses setting limite to gavernment influence and Imtervertiag,i¢ on dere the cusenn The prs Bil High are premnons of chasmcal iveraliam principles, sinogy thant he eight i, hbwry,priperty, the freaoma ot alpen age vel and tha eight opninat unlawtul acres ned cee Fraive theralian (or ‘positive freedom, be om, baleven that it le bes seg Ton the wrverament owe the jel eet Positive Wowealina arin that the greener vege amma es Lunch er tay howsiog tnd education, decent atanterd es — farradings, corrupt tre Wel he. vn Tt ie interesting to note that in the Chua-Qua aa, thy Magistrado Ponente, Justice Regnlado quoted Blaise Pascal, the French mathematician and philosopher ‘1623-1662) who anid the hheart has reasons of its own which reason doce not iow.” Thiy emonsteates once and forall the intimate link between philosophy seein Likewee, the Supreme Court applied liberal principles in matiere of the beart and fcelings, and refused to be dissuaded by contrary opimon. in fact the Supreme Court. in this cage, paid tribute to the gentle’ yet ‘universal power of love, The High Cour, id not consider it immoral for a teacher to fallin love with much younger student, even though to other people such conduct wax adjudged ‘abuawe’ and ‘unethical’ CASE STUDY: Contract Law and Liberalism Contract law. is based on the sasumption that bu- rman beings are free thinking’ individuals, the bedrock principle of tberalism. Contracting partis are regarded ‘ag mature individuals capable of managing their lives, property and alfairs. The philosophical foundation of con- tract law in the bebef that buman personality bas that rnnate ability to exereise his Facultiaa without externa} in- tervention. Contract law disreyards position or privilege that normally separate man. Parties enter into o level ficld when they contract with each other Under contract law, corporations are treated much like an individual. ‘Once the perties forge a legally binding oyrecment, they fre aeumed & have done #0 wilingly, vluntarly, and are expected to abide by the contract's provis fully by \ract'8 provisions Eaith- CHAPTER 11 ENDS AND EFFECTS oF Law MORALITY “We are discussing no small matter, ut hw we ooght wn ie? ~ Sates “Never let your sense of morale proce you ‘doing whaturas fate Ase ‘CONCEPT | Morality comes from Latin “moralia* meanung proper behavior ofa peraon in society. “Latin “mores? meuns "customs manner, morals” [na reader sense it pertains toa person's character and behamor frm the pit ff vew of right and wrong. Evbice, a related ter, refer 1 the ecudy of morals” (Ok. ethike philosopha “moral philosophy” fom Gk ethos “moral character, nature, disposition, het, is it that ae fsked ut Morality bos to do with human activities that are enise Oet tts good of bad, right or wrong, correct oF incores that the eet or buhaior must confor ta the aed eater wrtuoun, jor proper ene tonformity to the rules, & mora) act must ‘involve ®) intention to act morally, made by b)a person # ‘chon, and c) the moral choice must be ‘Yoluntary or even desired TEER La * }ORALITY AND LAW officials to avoid hia While ow foeunesonexternal beh vier, marality lackinto ny, i a erm. By ack ‘the international community would ne G8 have heen align motives and Intentions ofa person, Adnuttedly, there is considera} ‘respond according to the proviei ied to Tere ane acel wie board pers emerrn theses Convention Conquer See Gen For example, intent und molave ary sumetinica cuniidered in varius mined that wonvcide was not ramjans a Rea Se applications of Criminal and Civil laws, Further, Dworkin said that ‘acts of genocide” nen moral critucism is often used to support a change in the law, and In the absence of enforcemeny “ome have even maintained that the interpretation of law roust corda for human suffering in ters of suber od yet make use of marality* wore ect lent 0000, ouple died representing 15. Jn many ways, morality and law are not always identical percent of fanda's pre-war population, and hundreds vuncepta. Far instance, the selling of arms hy developed countries ta of thousand of Rwandans pou sioner ae civil war torn Rwanda in the 1990's may be legal in the sense that sad Tansaeie. wt ee Kaha wo to ugeed could be adequately fed and medically treated, Al ‘most, BO percent of the pre-war population were displaced by tho tragedy. The magnitude of human fight scat Rwonde's borders was unprecedented. Withi frty

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