Policy Science

School
Angelique B. Solis
Nizzane P. Vico
Sarah Mae Bogador
 Report Overview
A. Lasswell and McDougal 4. Power

B. Concept of Law from the Policy Science 5. Safety

Perspective – the Yale Approach 6. Respect

7. Liberty

c. Policy Science Jurisprudence Rubi vs Provincial Board

7 Social Values

1. Knowledge

2. Equity

3. Income

Atok Big-Wedge Mining Co. Inc. vs Atok Big

Wedge Mutual Benefit Association
 Policy Science
“Policy Science”
It involves the use of systematic
thinking or investigation
coupled with the existing
scientific knowledge about the
present day social values, in
the implementation of such
social values as a goal set up
and pursued by a democratic
country.
In other words it is known as
science of social values.
Example: How Portugal Ended
It’s War on Drugs
 Problem: Drug Addiction of 1% of
the population
 Goal: Harm Reduction (Health and
Safety)
 Method: Consultation with an
Addiction Treatment Specialists;
methadone substitution; needle
exchange; community centers;
most effective response to
addiction had to be personal, and
rooted in communities
 Solution: Decriminalize drug use;
treat addicts as patients not
criminals; provide medical, social
and economic support
 Harold Lasswell
 Political scientist who served
the US government in WWII
 Devoted his career
developing the ideas at the
center of the field of public
policy
 Paradox of advancement
 Vision of Policy Science
 Myres S. Mcdougal
 He was a scholar of
international law
 Sterling Professor of
International Law at the Yale
Law School, where he taught
for fifty years.
 Legal Education and Public
Policy (with Lasswell)
 The Law is a positive instrument or perfect
social machinery for the promotion,
preservation and distribution of the
representative social values.
Concept of Law
from the Policy
Science  law must be applied to promote, preserve
Perspective and distribute the basic and fundamental
social values
 Positive measures and decision must
The Yale conform to these social values.
Approach
 Policy makers must align their thinking and
action to the implementation of these
social values.
 FIN.
Thank You!
Systematic Thinking Or Investigation Used in
Policy Science
 Data  Evidence

 Cost Benefit Analysis

 Social Values
 Power
 Knowledge
 Respect
 Income or Wealth
 Safety or Health
These social values are technically denominated under the single
term “policy”.
 Paradox of Advancement
 Knowledge is being
incorporated in many sectors
to improve society.
 How come equivalent
advances are not are not seen
in how government make
decisions?
 Knowledge is important in
bringing about significant
changes
Politics: knowledge is used for power,
for wealth, and for other purpose but
not for the advancement of
commonwealth or human dignity
 Lasswell on Knowledge in Politics

“Knowledge has been used by political institutions in such a way

that there has been no significant revolution in the application of
knowledge to policy in the realization of human dignity.”
 Vision of Policy Science
 To advance democratic society based on the work of
knowledgeable policy scientist equipped with methods, data
and the evidence to make policy decisions based on science
and not power or politics.
 Lasswell foresees a future where knowledge is used to advance
society, human dignity and the commonwealth; what he calls
the values of the policy sciences.
Application of Lasswell’s Aspiration
for Policy Science
 JRC: European Commission’s in house science
service; act as knowledge broker providing
scientific and technical support to EU policy
makers.
 AAAS informs policymakers on current issues
related to science and technology.
 AAAS articulates positions on critical science-
related issues in public statements and in news
media commentaries and interviews.
 AAAS holds workshops, seminars, and events for
scientists, policymakers, and the public to engage
and communicate. AAAS programs help the
public better understand science and its role in
evidence-based policy-making
 Legal Education and Public Policy:
Professional Training in the Public
Interest
 Need to reform legal education
 ancient education does not serve
our contemporary needs
 Little conscious effort in relating
concepts with the major
problems of society struggling to
achieve democratic values
 Court as the only institution of
social control
 How to reform legal education?
 Clarify the Ultimate Aim
 Proposed Aim
 Proper function of law school is to
contribute to the training of policy
makers to serve the need of free
and productive commonwealth
 To promote the major values of a
democratic society
 Supreme value of democracy is
the dignity and worth of the
individual
 Lawyers and Public Policy
 Serve as advisers to policy-
makers of society

 Draft, promote, interpret

constitution, executive orders,
administrative rulings and so on.

 Participating on professional
organization

 Prepare and supervise press

conference, issue news releases
or giving commentaries in
media
 Implementation Of Social Values
1. Trend thinking
 Policy maker must think creatively
how to alter, deter, or accelerate
probable trends in order to shape the
future closer to his desire
2. Scientific thinking
 Policy maker needs to guide
his judgement by what is
scientifically known and
knowable about the casual
variables that condition
democratic variables
• Using his analytical skills to help make military policy more
efficient and effective
• After his service he devoted his career developing the ideas at
the center of the field of public policy

23/10/2018
 POLICY SCIENCE
JURISPRUDENCE
 Features of Policy Science Jurisprudence
 Policy Process and Problems about Values
 Introduction to the 7 Social Values
 Atok Big-Wedge Co., Inc. vs Atok Big-Wedge Mutual
Benefit Association
Pascual, Chapter 7 pp. 419-486
Policy Science Jurisprudence
(PSJ)
O POLICY - a settled guideline, strategy of program
adopted by the legal order.

O POLICY SCIENCE – the discipline with the formation,

clarification and realization of social values.

POLICY SCIENCE JURISPRUDENCE is characterized by

several features:
 A. Reaction to Apathy Towards Social
Values

The realization of
Universities are the
traditional training
The emphasis given to policy oriented
these courses cannot
grounds of policy respond positively to the approach to the
planners, policy
makers, and
vital needs of the study is
present day life.
government officials. hindered by the
failure to relate
social values to
legal education.
Apathy towards social values explains the tendency of
governments to view the rights of human beings as
hindrances to the exercise of governmental powers.
B. Movement Away from Ontological
Jurisprudence

For Positivist:
There is nothing immoral that is legal PSJ believes that these
For Judicial Legal Realism:
theories of law are
Statutes, rules and ordinances are no
incapable of solving the
more than sources of law and that the needs of present systems
courts will do or likely do in fact of public order.
stands on shaky grounds,
 C. Emphasis on Human Rights
O Policy science approach is a
movement away from the “slogans,
doctrines and structures of despotism”
towards the symbols and practice of
a free society.
O It emphasizes the right to life, liberty,
equality, property, education, security
and the free exercise of the mind.
O Policy oriented approach abhors the
constant abuse of human rights
despite the statements that deny it in
state constitutions.
Whenever there is
denial of human
rights, the
institutions
connected with
anarchy and
despotism become
stronger and
dominant.
 D. Movement for the Universal
Recognition of Social Values
O Law is an instrument for the achievement of the social values and it
would be imperfect if they ignore social values.

O PSJ moves away from the isolationism characteristic of national

legal systems.

O The effects of a country upon the rest of the world and vice versa
is a top-level factor in the pursuit of solving national, regional and
global problems.

O PSJ seeks the universal identification of social values: promotion,

recognition and enjoyment of all persons everywhere.
 D. Movement for the Universal
Recognition of Social Values
O PSJ also takes into account the recognition of the matters that
divide nations or tend to create tension among them.

O The need is for a universal climate of peaceful and transparent

procedures where governments and their leader operate under
the guidance of basic social values.

O The eradication of war itself is still one of the primary functions of a

state.

O Hence, when the universal identification and recognition of the

basic social values shall have been accomplished, then the
interest of states in war will disappear.
 The Policy Process and Problems
About Values

Value Creation Value Creation Social Value Implementation

problems of preference and task of reassessing the Develop programs and strategies
basis of choice arise worthfulness of human desires to achieve this objective
 7 Basic Social Values
The social values 1. Power
“embrace the whole of 2. Knowledge
our present-day 3. Respect
democratic
preferences for a 4. Income
peaceful world 5. Safety and Health
corresponding as they 6. Liberty
do the actual desires of 7. Equality
the people”.
 Social Value “Knowledge”
Purposive General Particular
Forms Aspect Aspect
Freedom in pursuit of
truth; maintenance of Education and increase
Eradicate ignorance in training and
right to think and right instruction
to private judgment

The cognition of
Widespread understanding
Dispel understanding of different cultures democratic ways and
processes
 Social Value “Knowledge”
Political Progress
Cultural Progress
- Provisions for clarification and enlargement of social
- Promotion of education and learning values in legal order
- Pursuit of pure/basic applied or immediate - Dissemination of free and current info
researches and studies
- Maintenance of integrity and ethical standards

Tendential
Functions
Moral Progress Economic Progress
- Development of higher morality - Means to control forces of nature for satisfactions of
- Provisions for opportunity to reassess beliefs, ideas human needs
and institutions -recognition of the effects of excessive taxes upon
normal profits.
 Social Value “Respect”
O “Beyond the voting and arguing relations involved in the
making of policy lie many other zones of human contact in
which the dignity of the individual is involved. Human beings
are respected in the present sense of the world when they are
taken into consideration by all with whom they come in
contact in spheres of life beyond the making of collective
decisions.”
 Social Value “Respect”
In particular aspect:

A. Regard for Life and Limb

O the free and unharmed possession of the complete

body.
O Immunity from servitude
O Immunity from unusual punishment
O Privilege of unhindered locomotion
 Social Value “Respect”
Regard for Human Personality

Positive Negative
Phase Phase

Freedom from any Individual initiative,

kind of choice and
discrimination on determination are
grounds of race, restricted or
sex, language, interfered with
religion , political (e.g. outlawing
persuasion or subversive
property status. organization)
 Social Value “Income”
Two Points:
1. The implementation of this social value is a very
serious problem confronting every society,
especially the developing ones.
2. It is involved in the interest of society in the dignity
and worth of the individual

These two points highlight the fact that insufficiency

of income dulls a person’s desire for other values.
Social Value “Income”
Economic
betterment of the
people

Freedom to unionize
High employment
and collective
level
bargain

Wise
consumption of Raising the
goods and plane of living
services
 Social Value “Income”
General Aspect
•Labor unionization and collective bargaining
Freedom •Marketing and Trade
•Higher wages, fewer hours of work, better
from want working conditions

Conservation •Measures to counteract practices promotive of

waste and squander
of Natural •Natural resources are not inexhaustible
•Wealth in sustenance of economic development
Resources
 Social Value “Income”
Particular Aspect
•Social anachronism
Immediate •Basic human needs
necessities

•Improvement of mode of
Immediate living
comforts •Savings
Atok Big-Wedge Mining Co., Inc.
vs.
Atok Big-Wedge Mutual Benefit
Association
GR No. L- 5276, March 3, 1953
92 Phil 754
Petitioner: Respondent:

Atok-Big Wedge Mining Co., Inc,

Atok- Big Wedge Mutual Benefit
O Successful mining company
Association
since 1931 O Organized labor union
O Established a strong
foundation in the Philippine
Mining Industry
O One of the oldest mining
companies still in existence in
the country
O Operates business in mining,
oil, gas and exploration and
development of natural
resources
Facts:
O An appeal by certiorari against a decision of the Court of Industrial
Relations
O Respondent, through its officers submitted a demand to petitioner
for various concessions including:
a. an increase of P 0.50 in wages
b. commutation of sick and vacation leave if not enjoyed
during the year
c. various privileges, such as free medical care, medicine
and hospitalization
d. right to closed shop, check off, etc.,
e. no dismissal without prior just case and with a prior
investigation
Facts:
O Some of the demands were granted by the petitioner (the company)
and the others were rejected and so hearings were held at the Court
of Industrial Relations and a decision were rendered, among which
the grounds for appeal by herein petitioner includes:
a. fixing the minimum wage for the laborers at P 3.20
b. declaring that additional compensation representing
efficiency bonus should not be included as part of the
wage
c. making the award effective from September 4, 1950
Issues:
O Whether or not the court is correct in setting
the minimum wage of the laborers at P 3.20
O Whether or not bonuses are excluded of the
wage.
O Whether the grant of the increase should be
applied retroactively.
Rule:
O Republic Act No. 602
AN ACT TO ESTABLISH A MINIMUM WAGE LAW, AND
FOR OTHER PURPOSES (April 6, 1951)

- fixed the minimum wage at P 3.00

Analysis:
O Petitioner claims that P 3.20 is higher than provided by the
law, adding that the laborer and his family need only at least P
2.58 for food.

O The efficiency bonus paid to the laborer should have been

included in his minimum wage.

O The appeal of the grant of the increase must be on the date of

the amended demand.
Conclusion:
O Yes in All.
1. Issue of the wage:
The law guarantees the laborer a fair and just wage. The
minimum must be fair and just. The "minimum wage" can
by no means imply only the actual minimum. Some
margin or leeway must be provided, over and above the
minimum, to take care of contingencies, such as increase of
prices of commodities and increase in wants, and to provide
means for a desirable improvement in his mode of living.
Conclusion:
O Yes in All.
2. Issue of the efficiency bonus:
It is not payable to all but to laborers only. It is also paid on the
basis of actual production or actual work accomplished. If the
desired goal of production is not obtained, or the
amount of actual work accomplished, the bonus does
not accrue. It is evident that under the circumstances it is
paid only when the labor becomes more efficient or more
productive. It is only an inducement for efficiency, a prize
therefor, not a part of the wage
Conclusion:
O Yes in All.
3. Issue of the retroactive effect for the grant of increase:
Both parties agreed that any award should be retroactive to
the date of the presentation of the demands, which is
September 4, 1950. (Annex A, p.5)

Date of presentation of demand: Sept 4, 1950

Date of the amended demand: April 5, 1951

The petition is hereby dismissed, with costs.

Thank you! :)
THE SOCIAL VALUE OF ―POWER‖
Power
 Is more than just the authority exercised by government and public
officials. It does not relate either to the narrower interests and
prejudices of some elitist groups in society.
 The social value of power must be considered in terms of forms of
authority and facts of social control.
Forms of Authority
 The term ―forms of authority‖ refers to the distribution of the exercise of the social
value ―power‖ in a politically organized society.

Pressure organizations
Government (national or (political parties, religious groups,
professional associations, business
local) enterprises, civic or cultural groups, labor
unions)

Primary objective: Influence the will of the people.

Forms of Authority
 The presence of this factor provides the balance necessary to equalize
the competition for the people’s support.
 But behind these forms of authority are the ―facts of control‖
Facts of control
 Policy science jurisprudence points that the facts of control must be true not only in the name,
that is to say in the formal principles laid down in the constitution, but in actuality as well.
 Chief among these are:
 Making and changing the fundamental law of the land,
 Making and changing laws and decisions,
 Holding periodic free elections by means of the secret ballot and not by block voting,
 Providing real access to political offices,
 Freedom to criticize public personalities and public acts in a manner consistent with truth and
decency,
 Holding all government officials accountable and responsible for misconduct in office, and
 Freedom to express, read, formulate, and publish both orthodox or popular and unorthodox or
unpopular ideas and opinions.
Aspects and Referents
 As a social value, ―power‖ has a two-fold meaning. Each is
indispensible to the other for without one the other would be
meaningless.
 Capacity to secure and maintain fundamental human rights.
 Competence to make decisions without any undue interference from any
group or form of authority.
THE SOCIAL VALUE OF ―SAFETY‖
Safety
 There is a natural desire to be safe from danger, injury and disease.
 The social value ―safety‖ represents or signifies:
 public protection,
 public health,

 social security, and

 peace and order.

Public Protection
 Simple measures of public protection may take such forms as: street
lighting, widening and maintenance of roads, installation of traffic
signs, and the like.
 Complex measures may take the form of national constabulary forces,
municipal police forces, measures for the protection of life and
property from fire and other destructive phenomena
Public Health
 The measures pursued in this regard are in the direction of reduction of infant
mortality; control of pestilence such as cholera, smallpox, influenza, and
dysentery; control of debiliating diseases like ateriosclerosis, cancer, tuberculosis,
rheumatism, poliomyelities, and leprosy; maintenance and support of hospitals,
psychopatic asylums, medical and health clinics, and puericulture centers;
maintenance and efficient functioning of quarantine service to prevent the
outbreak of pestilential and debilitating diseases; delineation of endemic zones
as well as areas receptive to disease-bearing insects carried in air traffic;
maintenance and purification of water supply; development of general fitness;
regulation of tenement and factory buildings.
Social Security
 The measures for social security should take into account aid for the
unemployed and financial assistance for the aged.
 These may be in the nature of provisions for unemployment benefits,
fringe benefits, and old-age pensions or annuities on a reasonable
rate of contribution.
Peace and Order
 The measures taken for peace and order are channeled in two
directions
 First,
the eradication of friction and conflict.
 Second, the promulgation of specific rules with definite incentives and/or
sanctions for the certainty in the determination of the extent and limits of the
conduct of every person in the community.
THE SOCIAL VALUE OF ―LIBERTY‖
Liberty
 As social value, ―liberty has undergone quite a transformation.
 ―Liberty‖ was understood in a physical context to mean security from
restraints.
 ―Liberty‖ was taken as a positive qualification on governmental excesses in
the exercise of the power of taxation, the power of eminent domain, and
the police power.
Relative Nature
 As a social value, ―Liberty‖ is not unrestricted.
 In the case of Rubi v. 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.‖
Rubi v. Provincial Board
Issue: WON the right to liberty of the Mangyans were violated by the
provisions of Section 2145 of the Administrative Code.

Rules, Laws, and Principles cited: Liberty, Due Process of Law and Equal
Protection of Laws
Rubi v. Provincial Board
Analysis:
 This is an application of habeas corpus in favor of Rubi and other Mangyans.

 It is alleged that the Mangyans are being illegally deprived of their liberty by the provincial officials.
Rubi and his companions are said to be held on the reservation established at Tigbao, against their
will, and one Dabalos is said to be held under the custody of the provincial sheriff in the prison at
Calapan for having run away form the reservation.
 It thus appears that the provincial governor of Mindoro and the provincial board thereof directed the
Manguianes to take up their habitation in Tigbao, selected by the provincial governor and approved
by the provincial board.
 The action was taken in accordance with section 2145 of the Administrative Code of 1917, and was
duly approved by the Secretary of the Interior as required by said action. Petitioners, however,
challenge the validity of this section of the Administrative Code.
Rubi v. Provincial Board
Section 2145 of the Administrative Code of 1917 reads as follows:

SEC. 2145. Establishment of non-Christian upon sites selected by provincial

governor. — With the prior approval of the Department Head, the provincial
governor of any province in which non-Christian inhabitants are found is
authorized, when such a course is deemed necessary in the interest of law and
order, to direct such inhabitants to take up their habitation on sites on
unoccupied public lands to be selected by him an approved by the provincial
board.
Rubi v. Provincial Board
Conclusion:
 No. The Mangyans are not deprived of their liberty.

 The right to Liberty guaranteed by the Constitution includes the right to exist and the right to
be free from arbitrary personal restraint or servitude. The term 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 this Creator,
subject only to such restraints as are necessary for the common welfare.
 "Liberty" as understood in democracies, is not license; it is "Liberty regulated by law."
Implied in the term is restraint by law for the good of the individual and for the greater
good of the peace and order of society and the general well-being.
Rubi v. Provincial Board
Conclusion:
 The Liberty of the citizens may be restrained in the interest of the public health, or of the
public order and safety, or otherwise within the proper scope of the police power.
 One cannot hold that the liberty of the citizen is unduly interfered without when the degree
of civilization of the Manguianes is considered. They are restrained for their own good and
the general good of the Philippines. Nor can one say that due process of law has not been
followed. To go back to our definition of due process of law and equal protection of the law,
there exists a law ; the law seems to be reasonable; it is enforced according to the regular
methods of procedure prescribed; and it applies alike to all of a class.
Purposive Affirmation
 The social value ―liberty‖ is manifested in the ability of a person to do
the things which are essential to realize his or her conscience,
opportunities and interests.
 This needs the affirmation of society if it is to serve as a weapon
against oppression and tyranny.
Forms
 In its Active mode, ―Liberty‖ means legal authority, which may either
be legal claim or a legal power.
 In its Passive mode, it means legal exemption, which may either be
immunity or a legal privilege.
 In both cases, the government can neither encroach upon or permit
undue intrusion from any group.
Constituent Parts
 Personal Liberty
 Embodies certain aspects:
 First,
is the freedom of a person in coming and going from one place to another.
 The second aspect deals with the security of the body from injuries.
Constituent Parts
 Religious liberty
 This is the free exercise of religious belief.
 The state should not influence or compel any person from joining or not joining a church or religion,
nor free any person from professing belief or unbelief in any church or religion, nor punish any
person for entertaining or professing religious belief, nor levy taxes to support any religious
institution or activity, nor participate openly or secretly in the affairs of any religious group.
 The state should remain clearly neutral not just among religions but also between believers and
non-believers.
 Religious liberty embodies 3 distinct but related aspects:
 Freedom of conscience
 Freedom of worship
 Freedom of religion
Constituent Parts
 Civil Liberty
 Embraces fundamental exemptions and immunities which have to do with
property, marriage, family, and education.
 They are secured and safeguarded in constitutions for the enjoyment of the
people.
Constituent Parts
 Political Liberty
 The right of the citizens of an organized civil society to influence and
participate in the management and operation of public affairs and political
processes.
Constituent Parts
 Economic Liberty
 Related to Personal Liberty. Personal liberty does not only mean freedom
from bodily harm but also the enjoyment of economic justice.
 2 main parts of the economic activities of a person:
 Production– the creation of goods and services for the satisfaction of human wants.
 Consumption – the process by which services and goods are used in the satisfaction
of human wants.
Constituent Parts
 National Liberty
 Comes with a two-fold meaning.
 First,
autonomy or right of determining and establishing the form of government
which the people considers best in safeguarding its values and rights.
 Second, the task of discharging properly its external obligations and contributing to
the maintenance of lasting peace and security.
THE SOCIAL VALUE OF ―EQUALITY‖
Equality
 This is based on the maxim of the Stoics that ―all men are equal by divine right
since all men are of divine origin‖
 Negative aspect:
 Equality is not absolute similarity.
 Equality is not an assurance that everyone shall be the same in all relations.
 Jural Inequality – when the differences are material and relevant to the legal ordering.
Thus, equality can be realized even when inequalities are considered provided they are
jural in nature.
 Invalid View of Equality – The clamor for absolute equality stems from the false and
incorrect perception that equality means similarity of all in matters of social relationships.
Equality
 Positive aspect
 Inthe policy science approach, the doctrine that ―all men are equal‖ means
that each person’s well being and happiness is as secure and inviolate as
that of every other person.
Constituent Parts
 Equality and 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.
 Equality and Balance of Opportunity
 Equal condition and equal access to the effective expression of individual merit toward success or
even future.
 Equality and Balance of Rights and Freedoms
 Every Human Being is endowed with certain primal or original rights and freedoms. These are not
concessions of the government to the people. The can be asserted against the government at any
time.
 Equality and Balance of Political Value
 One individual political value should be counted no more than and no less than that of another.