Policy Science

Perspective
MEMBERS:
Ylade, Donna Frances
Milanes, Rainier Anthony
Dimayuga, Leoncia Ma. Cecilia
The Yale Approach

Policy oriented approach

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

To move away from

Legal Positivism and
Legal Realism
 Policy Science

 guideline, strategy or
program concerning the
creation, clarification and
realization of values.
Systematic study of the
social
processes by which
POLICY IN GENERAL
is developed and
executed to achieve
OBJECTIVES.
 POLICY SCIENCE
JURISPRUDENCE

 Law is an instrument of
SOCIAL ORDERING.
 SOCIAL VALUES 
 GOALS 
 POLICY GUIDELINES 
 Statute, Admin. Order,
Judicial Decision
 LEGAL
POLICY SCIENCE
POSITIVISM
Law is a Law is adequate
complete set of if it does not take
norms and rules into account the
of action which goal values and
excludes from its policy guidelines
specific concerns to which the
value creation, society is
clarification and committed.
realization.
 FOUR SALIENT FEATURES
1. Reaction Against Obsolete
Concept of the Role of Law
2. Movement Away from
Ontological Jurisprudence
3. Emphasis on the Rights of
Man
4. Movement for the Universal
Recognition of Social
 1. Reaction Against Obsolete
Concept
of the Role of Law
Obsolete Role of Law

There is the inability of the policy

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

Problems of Law Universities and

Colleges
 2. Movement Away from
Ontological Jurisprudence
Ontological Jurisprudence

Positivism – no moral
principles precede the law

Realism – between just and

unjust law
 3. Emphasis on the Rights of
Man
Recession of the
Fundamental Human
Rights

Infinite worth of Human

Dignity
4. Movement for the Universal
Recognition
of Social Values

Policy science is a
science
of Social Values.
Policy Process

1. Value Creation
2. Value Clarification
3. Social Value
Implementation
The Basic Social
Values
POWER
• A political mechanism for the good of the
society which reflects the will and
choice of the people as a whole and
not just that of the leader.
POWER
Forms of Authority
Refers to the distribution of the exercise of
the social value of POWER in a politically
organized society.
1. Government
2. Pressure Organizations
3. Private Business Enterprises
4. Cultural Organizations
POWER
Facts of Control
Well known in constitutional science as
popular sovereignty and the control-
power of the people.

1. Making and changing the

fundamental laws of the land whenever a
need for such change arises.
2. Making and changing laws and
influencing the changes in important
decisions directly or indirectly.
POWER
3. Expressing free and genuine will in
popular elections by means of secret
balloting and not by block voting.
4. Having real access to and holding of
any constitutional and political office.
5. Free criticisms on public matters or
officials in the spirit of truth and decency.
6. The Freedom to express opinions
and ideas.
POWER
Aspects and Referents
As a social value, POWER has a tree-fold
meaning or aspects.
1. The capacity to secure and maintain the
fundamental rights.
2. The competence to share in the making
of policy of private groups or organizations.
3. The capacity to participate in the
making of important public decisions without
any political or religious interference.
KNOWLEDGE
Purposive Forms
As a social value KNOWLEDGE has two
(2) basic purposes to wit:
a. To dispel misunderstanding.
b. To eradicate ignorance.
KNOWLEDGE
General Aspect

► Means widespread understanding among

people of different cultures and
backgrounds.

► Freedom in pursuit of truth.

► The maintenance of the right to think and the

right of private judgment.
KNOWLEDGE
Particular Aspect
In which the social value of KNOWLEDGE
has two (2) distinct meanings to wit:

a. It signifies the emancipation of the

masses through education and the ever
increasing training and instruction at all levels
according to talent and ambition.
►The state has the right to regulate,
supervise and aid in the education of adults
and children for his duties, responsibilities and
human relations.
KNOWLEDGE
b. The cognition and appreciation of how
democratic ways and processes work and the
ways for it to continue to work better.
► Men cannot simply remain loyal to
democratic ideas and processes without
the cognition that these are capable of
making them free.
KNOWLEDGE
Tendential Functions
There are four (4) tendential functions of
KNOWLEDGE to wit:
1. Cultural Progress
2. Moral Progress
3. Political Progress
4. Economic Progress
RESPECT
Regards for life and esteem for the
dignity and worth of human personality.

A. Regard for Life and Limb – the free

and unharmed possession of the
complete body.

B. Regard for Human Personality

1. Positive Phase
Freedom from any kind of
discrimination on grounds of race, sex,
language, religion, political opinion, or
RESPECT
The society has a great deal to do
with the degree of respect a person may
bestow or expect from another.

2. Negative Phase
Individual initiative, choice and
determination are hindered or inferred
with (e.g. outlawing subversive
organizations)
As much as possible, respect for
human right and freedoms should be
always restored.
LIBERTY
As a social value LIBERTY is not unrestricted.
In Rubi vs. Provincial Board, it was held
that liberty cannot be dwarfed into mere
freedom from physical restraint of the person
of the citizen, but is deemed to embrace the
right of man to enjoy the faculties with which
he has been endowed by his Creator subject
only to such restraints as are necessary for
the common welfare.

LIBERTY is manifested in the ability of a

person to do things which are essential to
realize his or her conscience, opportunities
LIBERTY
Forms
1. Active Mode – legal authority, which
may either be legal claim or
legal power.

2. Passive mode – legal exemption, which

may either be a legal immunity
or la legal privilege.
LIBERTY
Tension or Problem Area

► The social values of Liberty,

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

► Unrestricted or unreasonable
interferences by the government or by
influential groups can destroy these social
values. yet still the government is
nonetheless essential to their
maintenance, augmentation, and even
preservation.
LIBERTY
► Liberties “guaranteed by the
constitution, imply the existence of an
organized society maintaining public order
without which liberty itself would be lost in
the excesses of unrestrained abuses.
► Who should win in a conflict between
individual rights and the claim of the
government to national security?
► Therefore, the BALANCE to strive for
is to consider the government as an organ
committed to the protection of the social
values.
LIBERTY
Constituent Parts

1. Personal Liberty

2. Religious Liberty
a. Freedom of Conscience
b. Freedom of Worship
c. Freedom of Religion
LIBERTY
3. Civil Liberty

4. Political Liberty

5. Economic Liberty

  6. National Liberty
LIBERTY
Paradox of Effective Liberty

► Contradiction in the recognition of

the social value “liberty”.

►Despite the inclusion of liberty in

constitutions and decisions of higher
courts, violations are still notoriously
frequent.
LIBERTY
►Conditions often violated: economic
insecurity, moral degradation, violence,
and wars.

►With the right national policies,

certain conditions like peace and order,
social security and financial stability will
enable liberty to thrive.
INCOME
General Aspect: denotes freedom from want
and the conservation of the natural resources

Particular Aspect: embraces the minimal

substance or means of meeting the
immediate necessities and comforts of life.
SAFETY
General Aspect: denotes freedom from fear
of disease, pestilence and hunger as well as
freedom from fear of violence, disorder and
war

Particular Aspect: represents or signifies

protection, public health, social security, and
peace and order
EQUALITY
• Negative Aspect:
1) equality is not absolute similarity
2) equality is not an assurance that
everyone shall, as a matter of fact, be the
same in all relations
►Jural Inequality: material and relevant to
the legal ordering
►Invalid view of Equality: equality means
similarity of all matters of social relationship
EQUALITY
• Positive Aspect: the point is that this social
value is worth striving for in the areas or parts
where they are attainable

“all men are equal”

► each person’s well-being and happiness
is as secure and inviolate as that of every
other person
► everyone has a rightful claim to equal
treatment and protection of the law,
regardless of any inconsequential and
EQUALITY
Constituent Parts
John Rawls
1. the equal right of everyone to the
total system of basic liberty
2. fair equality in opportunities to
offices and positions in order to heighten
the chances of those with lesser chance or
opening
“equitable sharing of social goods as well as
material goods to the greatest possible of the
least favored”
EQUALITY 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.
All individual owe equal obedience to the
laws.

1. SIMPLE TYPE – religion or sex is

irrelevant in the exercise of suffrage
2. DISTRIBUTIVE TYPE – the
apportionment of benefits and burdens
EQUALITY and Balance of
Opportunity

• Equal condition and equal access to the

effective expression of individual merit
toward success or even failure.
EQUALITY and Balance of Rights and
Freedoms

• Every human being is endowed with

certain primal or original rights and
freedoms, to wit:
1. right to life, liberty, security and
property
2. right to religion
3. right to education and free exercise
of the mind
4. right to free expression
EQUALITY and Balance of Political
Value

• Every individual must count for one and

only one in political participation without
regard to person.
LAW
Can truly be an instrument of global,
regional and national control when “it is
committed to the complete
achievement of the social values that
constitute the professed ends of
democratic societies.”

►An advocacy of consistent,

compatible and principled policies,
legislation and decisions on the basis of
social values.
LAW
Vital instrument for ordering conduct
through the formation,
clarification and realization of the
social values where “the patterns of
authority are conjoined with the
patterns of control.”
LAW

“Where decisions or solutions are

authoritative but not controlling, then
there is no law but only pretense, and
where decisions or solutions are controlling
but not authoritative, then there is no law
but only naked power.”
LAW
Important Contribution to Legal
Philosophy
Statutes not in agreement with the
social values are neither authoritative
nor controlling, in much the same manner
as the naturalist jurisprudents view statutes
which are contrary to the precepts of
natural law to be no law at all.
Importance of the Policy
Science Jurisprudence

“ A bad decision is simply one that is

not in accordance with the social
values.”
 END IN VIEW
Attainment of peace, order and security

“Freedom is found when there is one

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