Policy Science Perspective

1. DELOS REYES
MITRA
TACLAS
TORRES

2. CHAPTER 7 – The Policy Science Perspective, pp 419-486
– Atok Big-Wedge Co. Inc. vs Atok Big-Wedge
Mutual Benefit Association
50. The Yale Approach
51. Policy Science Jurisprudence
52. The Policy Process and Problems About Values
53. The Social Value Power
54. The Social Value Knowledge
55. The Social Value “Respect”
56. The Social Value “Income”
57. The Social Value “Safety”
58. The Social Value “Liberty”
59. The Social Value “Equality”
60. The Overarching Social Value
61. Concept of Law
62. Importance of the Policy Science Concept
63. The End in View

4.  Successful mining company since 1931
 Established a strong foundation in the
Philippine mining industry
 One of the oldest mining companies STILL in
existence in the country
 Operates business in mining, oil, gas, and
exploration and development of natural
resources

5. http://www.chanrobles.com/cralaw/1953marchdecisions.php?id=56

6.  an increase of P0.50 in wages,
 commutation of sick and vacation leave if not
enjoyed during the year,
 various privileges, such as free medical care,
medicine, and hospitalization,
 right to a closed shop, check off, etc.,
 no dismissal without prior just cause and with a prior
investigation, etc.
This is an appeal by certiorari against a
decision of the Court of Industrial Relations
On September 4, 1950, a demand
was submitted to petitioner by
respondent union through its officers
for various concessions, among
which were:

7.  Declaring that additional compensation representing
efficiency bonus should not be included as part of the
wage
 Making the award effective from September 4, 1950
 IT IS AGAINST THESE PORTIONS OF THE DECISION THAT
THIS APPEAL IS TAKEN.
 Some of the demands, were
granted by the petitioner, and the
others were rejected
 After the hearings the respondent
court rendered a decision, the
most important provisions of which
were those fixing the minimum
wage for the laborers at P3.20

8.  On the issue of the wage, it
is contended by petitioner
that as the respondent
court found that the laborer
and his family at least need
the amount of P2.58 for
food, this should be the
basis for the determination
of his wage, not what, he
actually spends;
 that it is not justifiable to fix
a wage higher than that
provided by Republic Act
No. 602; and that
respondent union made the
demand in accordance
with a pernicious practice
of claiming more after an
original demand is granted.

9.  The respondent court found that P2.58 is the minimum
amount actually needed by the laborer and his family.
That does not mean that it is his actual expense. A
person’s needs increase as his means increase. This is true
not only as to food but as to everything else - education,
clothing, entertainment, etc. The law guarantees the
laborer a fair and just wage. The minimum must be fair
and just.

10. 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.
Certainly, the amount of P0.22 a
day (difference between P2.80
fixed and P2.58 actual) is not
excessive for this purpose.

11.  That the P3 minimum wage
fixed in the law is still far below
what is considered a fair and
just minimum is shown by the
fact that this amount is only for
the year after the law takes
effect, as thereafter the law
fixes it at P4.
 Frequent demands for increase
are indicative of a healthy spirit
of wakefulness to the demands
of a progressing and an
increasingly more expensive
world.

12.  It is next contended that the efficiency bonus paid the
laborer should have been included in his (minimum) wage, in
the same manner as the value of living quarters. Whether or
not bonus forms part of wages depends upon the
circumstances or conditions for its payment.
 If it is an additional compensation which the employer
promised and agreed to give without any conditions imposed
for its payment, such as success of business or greater
production or output, then it is part of the wage.

13.  If it is paid only if profits are realized or a certain amount of
productivity achieved, it can not be considered part of the
wages.
 In the case at bar, 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.

14. The last question raised in the appeal is the grant of
the increase from September 4, 1950, the date of the
presentation of the original demand, instead of from
April 5, 1951, the date of the amended demand. The
decision states:
Both parties agreed that any award should be
retroactive to the date of the presentation of the
demands, which is September 4, 1950.
The terms of the stipulation are clearly against
petitioner’s contention. There being no question as
to its (agreement) existence, the same must be
given force and effect.
THE PETITION IS HEREBY DISMISSED, WITH COSTS.

15. THE YALE
APPROACH
The policy oriented
approach in jurisprudence
was launched at Yale
University by Professor
Harold D. Lasswell (1902-
1974) and Professor Myres S.
McDougal (1906-1975)
when the nations of the
world were involved in the
second world war.

16. THE YALE
APPROACH
 The jurisprudence of policy science is aimed at
the global, regional, and national levels of legal
orders.
 It addresses the same age-old issue of war, and
peace, turmoil and security.
HERACLITUS OF EPHESUS (540-476 B.C.):
“…the major problem of human society is
to combine that degree of liberty without which
liberty becomes license.”
CALALANG v. WILLIAMS, the Supreme Court stated:
“…liberty is a blessing without with life is a
misery; but liberty should not be made to prevail
over authority because then society will fall into
anarchy and neither should authority be made to
prevail over liberty because then the individual will
fall into slavery.”

17. THE YALE
APPROACH
 The direct and alternative solutions to the problem
of easing global, regional and national tensions
which affects human relationships must move
away from the value-free approach of legal
positivism.
 Further, legal realism is unequal to the vast
changes occurring in the world today which
threaten the dislocation of social values.
 The policy science approach relates to the
predicament in which the world finds itself in
present.
 The plight in which the world finds itself in present
affirms that we simply cannot afford to have war.

18. THE YALE
APPROACH
S.C. Nothrop (1883-1969), philosopher and teacher
at Yale, advance several factors to emphasize the
urgency of a new jurisprudence for free societies:
1) The fission of the atomic nucleus and proliferation of
atomic weapons,
2) The shift of the political and geophysical focus of the
world towards Asia and the East, and
3) The inescapable connection between national,
regional and global problems and the equally
unavoidable fact that these problems have taken the
character of an ideological struggle between
socialism and democracy.

19. THE YALE
APPROACH
Two other factors should be mentioned, namely:
 the general abuse or disregard of human rights
and freedoms, and
 the need for peaceful procedures of
competitions without compromising basic social
values.
ALL THE AFOREMENTIONED FACTORS LEND REALITY TO
THE PROPOSITION THAT HUMANKIND HAS TO PUT IN
ORDER ITS RELATIONSHIPS WELL OR FACE
DESTRUCTION.

20. THE YALE
APPROACH
Historian Arnold Toynbee
explains the paradox of the
struggle between socialism and
democracy:
After the means of improving
the conditions of human
existence by the technology of
the Western civilization, the West
itself failed to do anything
substantial in sharing equitably
with the Third World the blessings
of social and economic justice.

21. A settled guideline, strategy of program adopted by the
legal order.
The discipline concerned with the formation, clarification
and realization of social values.
Policy science jurisprudence is characterized by several
features:

22. ♣ Universities are the traditional training grounds of policy
planners, policy makers, and government officials.
♣ The emphasis given to these courses cannot respond
positively to the vital needs of the present day life.
♣ The realization of policy oriented approach to the
study is 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.

23. ♠ The value-free approach of legal positivism to the
study of the nature of law is a dangerous view.
♠ The idea suggests that there need not be any moral
criterion for the validity of laws since, for legal positivists,
there is nothing immoral that is legal.
♠ PSJ believes that these theories of law are incapable of
solving the needs of present systems of public order.
♠ The exercise of governmental powers has been
creeping into once private areas.
♠ PSJ posits that something more than the positivist and
realist theories of law is necessary.

24. ♦ Policy science approach is a movement away from
the “slogans, doctrines and structures of despotism”
towards the “symbols and practice of a free society.”
♦ It emphasizes the right to life, liberty, equality, property,
education, security and the free exercise of the mind.
♦ 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.

25. ♦ Free election becomes mere “ceremonial plebiscites”
♦ Freedom of expression yields to “discussions directed
by a monopoly of government and party”
♦ Political party system gives way to “leaderliolatry”
♦ Consequently, the state assumes the “socialization of
all functions”

26. ♥ Law is an instrument for the achievement of social values.
♥ Laws would be imperfect if they ignore social values.
♥ PSJ moves away from the isolationism characteristic of
national legal systems.
♥ 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.
♥ PSJ seeks the universal identification of social values:
promotion, recognition, and enjoyment of all persons
everywhere.

27. ♥ PSJ also takes into account the recognition of the matters
that divide nations or tend to create tension among
them.
♥ 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.
♥ The eradication of war itself is still one of the primary
functions of a state.
♥ 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.

28. The problems of preference and basis of choice arise. In
turn, these problems raise the issue of whether there are
some human desires that are always and everywhere
better than others.
The task of reassessing the worthfulness of human desires
in light of their meaning and importance to society in the
face of the changing experiences of the people.

29. ≈ Must produce consistent, compatible and
principled results
≈ Develop programs and strategies to achieve this
objective
≈ Preparation of options or alternatives especially
when there is variance between strategies and
programs

30. These social values “embrace the
whole of our present-day
democratic preferences for a
peaceful world corresponding as
they do to the actual desires of the
people.

31. For PSJ, this social value must be
considered in terms of forms of
authority and facts of social control.
Refers to the distribution of the
exercise of the social value “power”
in a politically organized society.
1) Government
2) Pressure Organizations
3) Private Business Enterprises
4) Cultural Organizations

32. Well known in constitutional science as popular sovereignty
and the control-power of the people.
1) Making and changing the fundamental law of the
land
2) Making and changing laws and decisions
3) Holding periodic fee elections by means of the secret
ballot and not by block voting
4) Providing real access to political offices

33. 5) Freedom to criticize public personalities and public
acts in a manner consistent with truth and decency
6) Holding all government officials accountable and
responsible for misconduct in office
7) Freedom to express, read, formulate, and publish both
orthodox or popular and unorthodox or unpopular
ideas and opinions

34. As social value, “power” has a two-fold meaning. Each is
indispensable to the other for without one the other would
be meaningless.
1. THE CAPACITY TO SECURE AND MAINTAIN FUNDAMENTAL
HUMAN RIGHTS. Emphasizes the struggle to secure the
recognition of the primal human rights.
2. THE COMPETENCE TO MAKE DECISIONS WITHOUT ANY
UNDUE INTERFERENCE FROM ANY GROUP OR FORM OF
AUTHORITY. Recognizes the reality that at the present time there
are private groups which, on the basis of their particular types of
patriotism or interest, have a great deal to do in the formation or
defeat of national policies and objectives.

35. As a social value knowledge has two basic
purposes to wit:
a) To dispel understanding
b) To eradicate ignorance

36.  Means widespread understanding among peoples of
difficult cultures and backgrounds
 Freedom in pursuit of truth
 The maintenance of the right to think and the right of
private judgment

37. In which the social value of knowledge has two 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 the education of adults and
children for his duties, responsibilities and human
relations.

38. In which the social value of knowledge has two distinct
meanings to wit:
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.

39. There are four tendential functions of knowledge to wit:
1) Cultural Progress
2) Moral Progress
3) Political Progress
4) Economic Progress

40. “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 word, when they are taken into consideration by all with whom they
come in contact in spheres of life beyond the making of collective decisions.”
A. REGARD FOR LIFE AND LAMB – 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 persuasion, or property
status.
This is meant that they have a great deal to do with the amount
or degree of respect a person may bestow on or expect from
another.

41. B. REGARD FOR HUMAN PERSONALITY
2) Negative Phase
Individual initiative, choice and determination are
restricted or interfered with. (e.g. outlawing subversive
organization)
As much as possible, respect for human right and
freedoms should be always restored.

42. 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.

43. In the context of public interest:
► Economic betterment of the people
► Adequate provisions for a high employment level
► Freedom to unionize and bargain collectively
► Efficient methods of production and wise consumption
of goods and services
► Rising of the plane of living

44. Strives for a more equitable sharing of surplus revenue or
profit.
POSITIVE STEPS TO REALIZE FREEDOM FROM WANT:
 Labor unionization
 Collective bargaining
 Having equitable share in the surplus revenue or profit

45. ∆ Freedom to sell one’s own goods and services in the
best market
∆ Freedom to refuse to sell them should the market not
warrant it
∆ Higher wages
∆ Fewer hours of work
∆ Better working conditions
∆ Fair measure of job security

46. Adequate measures should be provided in order to
counteract or remove such forms of acts and practices
promoting waste and squander of the natural resources of
the community.
RATIONALE:
→ The social value “income” as the wealth that provide
the community with the means of sustaining its economy
which, provide for the satisfaction of human wants.
→ The natural resources of a country is not inexhaustible

47. SOCIAL ANACHRONISM. Those living or existing just
above the bare level of subsistence where human
needs for food, clothing and shelter alone are met
to enjoy a happy life.

48. ● Savings
According to the court, “the minimum amount
actually needed by a laborer and his family can by no
means imply only the actual minimum, as 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.”
● Minimum income
Provisions for the means to meet both the
immediate necessities and the immediate comforts.

49. Simple measures:
 Street lighting
 Widening and maintenance of roads
 Installation of traffic signs
Complex measures:
 National constabulary forces
 Municipal police forces
 Measures for the protection of life and property from
fire and other destructive phenomena.
To be safe from danger, injury and disease.

50.  Reduction of infant mortality
 Control of pestilence such as cholera, smallpox,
influenza and dysentery
 Control of debilitating diseases like arteriosclerosis,
cancer, tuberculosis, rheumatism, poliomyelitis, and
leprosy
 Maintenance and support of hospitals, psychopathic
asylums, medical and health clinics, and puericulture
centers
EDUCATION IN HEALTH - attitudes and habits of healthful
living.

51.  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 or disease-bearing insects
 Maintenance and purification of water supply
 Development of general fitness
 Regulation of tenement and factory buildings
To sum it up: Health education would result to reduction,
control, maintenance, delineation, development and
regulation in their positive forms.

52. Measures:
 Aid for the unemployed
 Financial assistance for the aged
 Arising from the provisions for unemployment benefits,
fringe benefits, and old-age pensions or annuities on a
reasonable rate of contribution.

53. Measures:
 Eradication of friction and conflict
 Promulgation of specific rules with definite incentives
and/or sanctions for the purpose of certainty in the
determination of the extent and limits of the conduct
of every person in the community.

54. DUE PROCESS OF LAW (1) – The guaranty of the
procedural rights of the individual
Liberty – security from restraints. Freedom of the body
from external physical compulsion
DUE PROCESS OF LAW (2) – Re-evaluated
Liberty – positive qualification on governmental
excesses in the exercise of the power of taxation, the
power of eminent domain, and the police power

55. Liberty - 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- 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.

56. • Active mode
Liberty - legal authority, which may either be legal claim
or a legal power.
• Passive mode
Liberty - legal exemption, which may either be a legal
immunity or a legal privilege
The social value “liberty”, together with the social values
“respect” and “equality” get involved in the relationships of
the individual to the government, thus forming the
problem-area in the legal ordering of society. Quite often,
conflicts arise between individual rights and the claim of
the government to national security.

57. ASPECTS OF PERSONAL LIBERTY:
 Freedom of a person in coming and going from one
place to another-exceptions: political nonconformity
(war, imminent danger, actual national emergency,
legal restraints placed on persons)
 The security of the body from injuries-privilege of self-
defense and arbitrary arrest
The free exercise of religious belief. The state
should remain clearly neutral not just among religions but
also between believers and non-believers.

58. ASPECTS OF RELIGIOUS LIBERTY:
A. FREEDOM OF CONSCIENCE - freedom of thought and belief,
individual autonomy in the determination or choice of religious
faith or creed as well as the freedom to join or not, or to withdraw
or not from any connection and work of a religious group.
B. FREEDOM OF WORSHIP - the unhindered acts of public (corporate)
and private (individual) worship, of preaching and teaching, of
publishing and circulating religious literature, and of upholding
religious beliefs by means of personal presence, gifts and services.
The right of everyone to worship freely in his own way or in the
tradition and practices of his own religious group.
C. FREEDOM OF RELIGION - autonomy of a religious group to
determine its creed, ritual, polity, disciplinary rules and regulations,
to organize local churches, parishes, and congregations, to
operate and conduct its activities and services, and to carry
religious creed and faith in all forms of expression to every willing
person for the purpose of persuasion, commitment and conversion.

59. It 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.
Minimum content:
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. Its
enjoyment depends a great deal on the physical condition
of peace and order.

60. ►The privilege of citizenship
►The claim to be free and genuine suffrage
►The claim to peaceful assembly and association
►The power of petitioning the government for the
redress of grievances
►The power of addressing public authorities on
matters connected with the political process and
operation of public affairs
►The claim to equal access to public office
►The claim to free and accurate information
►The claim to the proper disposition of the public
funds

61. Two 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

62.  The privilege of choosing and preparing for and
engaging in any profession, business, industry,
employment, trade, or vocation
 The privilege of acquiring, holding, using,
consuming, controlling, or transferring services,
property or goods of existence.
In other words, it is the freedom as a producer or user in
a competitive system without interference from the
government beyond regulations which are necessary
to keep the economy in balance and order.

63. Two-fold meaning:
♪ Autonomy or right of determining and establishing
the form of government which people considers
best in safeguarding its values and rights.
♪ The task of discharging properly its external
obligations and contributing to the maintenance of
lasting peace and security.

64. ♫ The concept of equality is traceable to the cosmopolitan
outlook of Stoic formula of equality of individuals,
nationalities, and races.
♫ Based on the maxim of Stoics that “all men are equal by
divine right since all men are of divine origin.”
♫ Cleanthes’ Hymn of Zeus, “for we are also thy offspring
and alone of living creatures possess a voice which is the
image of reason, and in the sight of God a slave is of
much value as a monarch for each is divine spark of
divine reason.”
♫ According to Apostle Paul, “for Him we live and move
and have our being as certain also of your poets have
said that we are also thy offspring.”

65. 1. Jural Inequality
2. Invalid View of Equality
1. Equality and Balance Before the Law
a. Simple Type
b. Distributive Type
2. Equality and Balance of Opportunity
3. Equality and Balance of Rights and Freedoms
4. Equality and Balance of Political Value

66.  Equality is not absolute similarity and among its
natural difference are race, sex, status, energy,
ability and aptitude. The German theologian Emil
Brunner come from the same source. Thus, equality
is not obliteration of the natural inequalities of
persons.
 Equality is not an assurance that everyone shall, as a
matter of fact, be the same in all relations. It does
not mean a system of strict parity of property, nor an
exact identity of social status, that is to say
educational attainment, honors, functions, and
standing.

67.  Difference or inequality are jural when they are
material and relevant to legal ordering. Thus,
equality can be realized even when inequalities are
considered provided they are jural in nature.
 If the inequality is material or relevant to the legal
ordering of the society then the principle of equality
is not violated.
 e.g. Married and unmarried, parents and children,
minors and persons of legal age.

68.  The clamor for absolute equality stems from the false and
incorrect perception that equality means similarity of all in
matters of social relationships. In strictu sensu this is not altogether
an impossibility, nevertheless, it is fraught with much danger for
both individual and society.
 If equality is taken to mean obliteration of all educational,
proprietary, aesthetical or volitional distinctions and differences,
then the equalizing process would mean the levelling of all down
to the lowest rung.
 If any levelling is to be pursued at all, it should involve substantial
mitigation or removal of irrelevant or immaterial inequalities.

69.  The point is that social value is worth striving for in the areas
or parts where they are attainable.
 The policy science approach, the doctrine that “all men
are equal” men that each person’s well being every other
person. In these areas, equality is quite decisive in the
sense that everyone has a rightful claim to equal
treatment and protection of the law, regardless of any
inconsequential and insignificant disparity.

70.  All individuals have a rightful and lawful expectation to the
same treatment and protection and laws without regard
to persons involved.
 No person is above the law as to be exempt from its
requirements, or beneath the law as to be deprived of its
protection.

71. ☻The equality and balance before the law even when
disparities with regards to race, sex, language, religion,
nationality, property, and other grounds not affording a
proper basis for distinctions between individuals, classes, or
groups are involved.

72. ☻This means apportionment of benefits and burdens that
can be shared among the members of the society. The
law cannot set aside or disregard relevant inequalities.
☻There is equality even in inequality when it is essential and
relevant to the legal ordering of society.

73.  Equal condition and equal access to the effective
expression of individual merit toward success or even
failure.
 Criticisms:
1. They are unfair and unjust in themselves because they
conducive to reverse discrimination and
2. They are contrary to the constitutional principle of
equal protection of law.

74. Human Dignity is the basis of this particular aspect of
social value “equality.” It is perceived that every
human being is endowed with certain primal or
original rights and freedoms. These rights and
freedoms are not concessions of the government to
the people. They can, indeed, be asserted against
the government at any time.

75. That every individual must count for one and
only one in political participation without
regard to person.

76. The esteem of human personality and dignity is
the overarching social values are easier to
attain and are then widely and equitably share
among people. The social value of “respect” is
not considered at all the other social values are
difficult to attain.

77. It is 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.”