University of the Cordilleras

College of Arts and Sciences- The Graduate School

Governor Pack Road, Baguio City

THE LEGAL APPROACH

and its Significance in Teaching Political Science

Submitted/ Reported by:

Emmanuel Jimenez Bacud

Joel Mendoza
MA Political Science
Political Science 509 (1:00-5:00 Sat)

Submitted to:

Prof. Macario T. Lumsit

Faculty-in-charge
Political Science 507

1|Page
Framework of the Discussion:
-Preliminary Concepts about the Legal Approach
-Its Relevance and Applicability in Teaching Political Science
-Advantages and Disadvantages in Utilizing the Legal Approach in Teaching Political Science

DISCUSSION

I.) PRELIMINARY CONCEPTS

A.) The Legal Approach
As the Latin maxim stipulated, Ignorantiam legis neminem excusat (Ignorance to law excuses no one),
Citizens are obliged to be knowledgeable or to have a good grasp about the laws implemented in the society. In
accordance to this premise, the legal approach to epistemology is quite significant.
Legal Approach refers to an attempt of studying and analyzing a particular subject whether concepts,
persons, or phenomena based on the legal principles such as statutes and jurisprudence established in society.
Moreover, applying legal approach would also mean the integration of the content of the law in a particular topic
or discourse. Considering its development, legal approach can be synonymous with legalism.
In relation to pedagogy, legal approach denotes the adherence to the rule of law (as popularized by the
British jurist A.V. Dicey to signify that the law itself is just to all; hence, nobody is above the rule of law )
such that the act of teaching must also include the laws created in the society and its relevance to the narrative
of the human strata.

B.) Factors to be considered in Integrating the Legal Approach in Scholastic/Academic Study

a.) Laws. A law is defined as a rule of conduct that is just, obligatory, promulgated by a legitimate
authority and of common observance and benefit of the people (Dascil, 2013). According to Martin Luther King
Jr., a law is a mean by which political will is given expression.
Furthermore, Justice Paras typified that law (human positive law) is a reasonable rule of action promulgated by
competent authority for the common good and usually imposing a sanction in case of disobedience.
In addition, Aquino (2006) also argued that law can be understood into three ways as adopted in
Dworkins The Philosophy of Law: 1.) as a social institution, 2.) as a particular type of rule or prescription and
3.) as a proposition

*As A Proposition (Product of Logical Reasoning): A law must be utmost understood under the
doctrine of legal meaning as governed by judicial decisions. This aspect of law emphasizes on the manner as
to how a rational and well-informed judgement is rendered.
Some theoretical foundations:
-According to Jurgen Habermas: People has the ability of people to make claims, to challenge and to
justify such claims. Moreover, he argued that human beings are capable of judging what is beautiful and what
is right.

*As a social institution: Law is an aspect of nomization, according to Peter Berger, such that law
creates an orderly world or a cosmos that allows man to be human, not chaos. Moreover,
Some theoretical foundations of Law (ANCIENT TIMES):
-According to Kautilya (Chanakya; Mauryan Empire): Law as an institution to promote individual
security, happiness and social order.
-According to Han Fei Tzu (Legalist School of Thought): Law as a harsh mechanistic system to
promote order and suppress undesirable behavior.
-According to Max Weber: Law is an institutionalization of means discerned to be the most
efficient and acceptable in the society.

2|Page
 *As a Particular type of Rule or Prescription:
Some theoretical foundations of Law as Prescription
-According to St. Thomas Aquinas: Nihil Est Aliud Quam Rationis Ordinatio Ad Bonum
Commune Ab Eo Qui Curam Habet Communitatis Promulgata (The law is an ordinance of the reason ordered
towards the common good, promulgated by a person who has charge of the community.)
-In countries such as Philippines and USA, Joaquin Bernas opine that law (constitutional law) is
promulgated to guarantee the government in two extremes- 1.) rule against monarchy and oligarchy and 2.)
rule against pure democracy. Hence, a sound government must be also known as government of law and not
government of men.

b.) Government. Adhering to the legal approach, a government in accordance to Harts definition, is a
locus where laws that defined how rights and obligations of the people are created and reinforced. According
to Casambre (2017), a government refers to an arrangement of offices pertaining to the activities of rule-
making, rule-implementation, rule-enforcement and rule-adjudication.

c.) Behavior of the Citizens. Classically, the ambition of law is to change behaviors. Laws might aim to
increase or decrease various activities, such as owning a gun, or taking a work leave to care for a sick family
member, or polluting, or hiring a minority job candidate. They might aim to get people or institutions to substitute
one activity for another, such as buying diet soda instead of sugared, or using chewing tobacco instead of
smoking, or using solar energy instead of conventional sources. Legal regulation can accomplish its goals
directly, through fear of sanctions or desire for rewards. But it can also do so indirectly, by changing attitudes
about the regulated behaviors. (Bilz & Nadler, 2014)
In cognizance with the Utilitarian tradition, Jeremy Bentham believed that the law can be also a
manifestation of a common good since a law is a sum of the interests of the several members of a society.

II.) Relevance and Applicability in Teaching Political Science

a.) In General Perspective
Politics and law are intertwined concepts of a society such that they created an indestructible
relationship with each other.
1.) The Politics of Law: In the book of David Kairys The Politics of Law: A Progressive Critique,
it highlights how the concept democratic justice used by American leaders to politically survive
and acquire strong network system. In the Philippines for instance, the politicization of law can be
highly observed when the rule makers opted to advance their self-interests through the
mechanization of the Philippine legal system.

For instance (Philippine Setting):

-The Revival of the Death Penalty Law- (exclusion of Rape and Plunder)
-The Proposed Political Party Development Act
-The Estrada and Corona Trial
-The Proposed Anti-Political Dynasty Law
-The Comprehensive Agrarian Reform Program (Exemption of Hacienda Luisita)

2.) The Law in Politics: In the course of political activities among citizens, law has a crucial part in
determining the procedures and regulations acceptable to the society. Political acts are highly
governed by laws and oftentimes, the lapses of laws can be utilized as a mean to propagate
political ambitions.

For Instance:
- Arroyos Enduring Political Ambition (Sec. 4 of Article VII of 1987 Constitution)
- The Citizenship of Grace Poe (2016 National Election)

3|Page
 -The Disqualification of George Estregan as Laguna Governor (2013)

b.) Teaching Political in the Philippines and the Legal Approach

1.) The formalization of Political Science as an academic disciplines was pioneered by the University
of the Philippines-Diliman in which it was attached to law upon the deanship of George Malcolm.
Hence, the analysis of the state and government were heavily based on legal doctrines.

III.) Advantages and Disadvantages in Utilizing the Legal Approach

Advantages Disadvantages

-Institutional and structural approach to knowledge in
reference to the rules of the society
-It directs pedagogy into a more sophisticated
manner
-Provides an analytic paradigm in studying the
dynamics of a political community including its
structures, problems and probable solutions
-Legal Approach can create a dilemma concerning
the morality of the society since not all legal may be
necessarily ethical.
-Legal Approach introduce some legal jargons that
are too complex to be analyzed by both teachers and
students; unless, the teachers have minimum
competency in teaching law subjects.

-It imbibes the notion of social justice and social

equality through the equal protection of the law.

References:

Aquino, Fr. R. C. (2006). A Philosophy of Law: An Introduction to Legal Philosophy. Central Book Supply, Inc.
Quezon City

Banico, H. (n.d.). Kautilya and the Legalist Concept of State and Government: A Comparative Study. PDF file

Bilz, K. & Nadler, J. (2014). Chapter 10: Laws, Moral Attitudes and Behavioral Change. The Oxford Handbook
of Behavioral Economics and the Law. 2014

Casambre, A. (2017). The Discipline of Political Science: From Everyday Analysis to Metanarratives. Anvil
Publishing, Mandaluyong City.

Dascil, R. (2013). Threshold to the Legal Profession: An Introduction to Law. Rex Book Store, Manila.

4|Page