Tabucanon,

Tabucanon, Chapter 11
TextChapter

PHILOSOPHY AND LAW

PERFECTO V. FERNANDEZ*

Let me begin with the admission that lawyers as a class have

little or no interest in philosophy. There are exceptions, to be sure,
but they are few and are chiefly confined to academic circles where
the opportunity for mischief is slight. Of course, the indifference of
the bar, as a whole, to philosophy is hardly a matter which we should
advertise with pride, specially since lawyers insist on their tradi-
tional prerogative of leadership. On the other hand, I am not cer-
tain that such indifference to philosophy, with its consequent ignor-
ance, should be a cause for shame. Assuredly, it is not barrier to
the kind of success which lawyers want. The record is clear that men
who have made their mark in law, whether as judges or as practi-
tioners, owe their eminence to attributes other than philosophical
sophistication. Philosophy has its uses, but not in the practice of
law. Those in quest of professional success will find it of little
avail in their struggles. Philosophy will not bring in more clients,
nor enhance one's prestige in the profession, nor improve one's
popularity with the judges.
On the contrary, depth in philosophy might even prove to be a
positive hindrance. Law, whatever else it may not be, is an eminently
practical calling. The needs of the profession shape the virtues of
its votaries; and lawyers merely reflect, as they must, the image of
their calling in their toughness of mind, in their shrewdness' in
human affairs, and in their pride in common sense. Philosophy,
in contrast, deals with thought rather than external action. Its
subject matter, for the most part, consists of highly abstract ideas
and their relationships. Its hallmark is speculative thought on the
ultimate truths about man and the universe. The larger issues of
human knowledge and the good life engage the philosopher's at-
tention, not the ordinary problems of the workshop 'and the market
place. There is truth in the myth of his detachment from the con-
cerns of daily life. Socrates, we are told, was too often enthralled
in philosophical discourse to remember going home to his wife, for
which she caused him unhappiness. The lesson is clear. Philoso-
phy has an enchantment all its own and a lawyer who tarries too
often in her company may soon find himself locked in the embrace
of a mistress no less jealous and demanding than the law. Under
the influence of intellectual excitement, more heady than any.wine,
* A.B., LL.B., U.P., Associate Lecturer in Law, University of the Philip-
pines. S
PHILIPPINE LAW JOURNAL [VOL. 40

he may become less and less enamoured of the petty crimes and the
money claims that form the staple of a lawyer's work and more and
more captivated by adventures in philosophic thought, until at last
the seduction is complete and once more a lawyer deserts the ram-
parts of practice for the cloisters of jurisprudence.
These considerations bring us to the question that I propose
to discuss, which is, in what ways has philosophy been important
or useful to law. If philosophy is only a little more than useless
in the practice of law, or possibly even harmful to the professional
success of lawyers, it does not follow that it has no value for law.
Philosophy -has been, as it still is, of immense utility in advancing
our knowledge of the law. I refer to law .in the sense of a legal
system, as a special branch of learning and inquiry, rather than in
the sense of its practice, which is the profession of law. It has
become fashionable to speak disparagingly of law in the books, but
there is no escaping the fact that, at bottom, law, whatever else it
may comprehend, must first be a system of rules.
To appreciate in full the significance of philosophical inquiry
for law, two things must be borne in mind. First is not to ask too
much of philosophy. There are problems in law for which philo-
sophy provides no adequate answers, either because the problems
are properly referable to other fields of learning, such as science or
theology or because the problems are inherently insoluble. An exam-
ple is the current issue of whether law can be wholly divorced from
coercion. This problem is not genuine because an affirmative an-
swer, no matter how ingeniously presented, would result in an idea
of law which is wholly divorced from experience. It is true, of
course, that there are many rules of law for which no coercive
sanctions are provided. The usual example would be the directory
provisions of statute law. Another would be the rules of procedure,
although their violation may in effect nullify asserted rights or
obligations. It is one thing, however, for isolated rules of law to be
without direct sanctions; it is quite another thing for an entire legal
system to be wholly free of any element of force. The very concept
of law, based on experience, entails a contingent resort to physical
power. Coercion must enter the legal order at some point, otherwise
it ceases to be law.
The other point to be borne in mind is that in certain areas,
advances in philosophy are no less solid than the achievements of
science. This is particularly true in the fields of logic and episto-
mology, which are concerned with the methods and basic assump-
tions of human knowledge. In these fields, there is cumulative
growth and improvement. Adherence to one or the other of com-
peting theories is not simply a matter of taste, like buying a hat or
.1965] PHILOSOPHY AND LAW

a dress, where different choices may be made with equal validity.

As in science, earlier doctrines on knowledge and methodology have
been successively rendered obsolete or shown to be inadequate by
later developments. Rationalism is a case in point. Two centuries
ago, the philosophic view was prevalent that reason, operating inde-
pendently of perception and purely in accordance with the principles
of logic, will yield knowledge about the universe which owes noth-
ing to sense experience. The extravagance of this claim has since
then been indubitably demonstrated by the astonishing achieve-
ments of science, which is founded on sense experience. Refine-
ments in philosophic discovery, of course, do not annul earlier theories
or render them wholly invalid. Turning to our example, classical
rationalism has not been proved false by the fruitfulness of the scien-
tific method; it was merely shown to be inadequate and its validity
severely limited. Within such limits, however, its truth may be
deemed vindicated by the startling developments in mathematics and
logic, which in turn -have facilitated scientific inquiry. Develop-
ments in philosophic doctrine are then analogous, in their effect,
to developments in science and technology. The relativity theories
of Einstein have supplanted Newtonian physics in the evaluation of
the cosmos; but within purely terrestrial boundaries, Newtonian
physics remain largely valid. The motor vehicle, the train and the
airplane have largely replaced earlier types of transportation, but
still the cart and the calesa continue to be used. Similarly, inade-
quacy of earlier philosophical views does not necessarily lead to their
extinction; their devotees remain, though in greatly diminished num-
bers. This explains why the great issues in philosophy appear never
to be settled with certainty. Does the outside world that we see
have an independent existence, or is it all in our minds? Is all
knowledge ultimately derived from experience, or are there some
kinds of knowledge that are independent of experience? Although,
for purposes of practical life, the claims of empiricism may be con-
sidered fully validated by the miracles of science because its methods
are founded chiefly on empiricist assumptions, the contemporary
scene in philosophy still reveals formidable strongholds of idealism
and rationalism. Much the same situation obtains in ethical theory,
as will be discussed below. The point to remember is that survival
of earlier doctrines should not obscure the fact of their obsolescence
or inadequacy as demonstrated by subsequent philosophical thought.
Some of the old errors in philosophy, unlike old soldiers, never fade
away.
Of the many fruitful contributions of philosophy to our under-
standing of law, I shall discuss only those that have illumined the
following central problems. First, what is the nature of law?
The problem here is the place of law in the general schema of humn
602 PHILIPPINE LAW JOURNAL [VOL. 40

knowledge. Second, what is the distinguishing criterion of law?

The problem here is a working definition of law as would prevent
its being confused with other normative systems, such as the Boy
Scouts' code or the by-laws of a fraternity. Third, does an unjust
law remain a valid law? The problem is to determine the relation-
ship of law to morals, especially on the point of whether or not moral
validity is an additional requirement for the validity of legal rules.
Fourth, what are the ends or ultimate goals of law? The problem
is to ascertain the basic values which law ought to protect and
maintain.
All these problems are interrelated, of course, and the clue to
their answers lies essentially in what philosophy has revealed so far
about the nature of law. It is with this question, therefore, that
we should begin. As stated earlier, law for purposes of this discus-
sion shall mean the legal system consisting of rules. This approach
enables us, at the outset, to sidestep a number of juristic perplexities.
Foremost is the question of how law is to be distinguished from
the coercive commands of a bandit with a gun. The answer is that
the commands of law are contained in general rules of a relatively
enduring character. This point, while of utmost importance to legal
theory, need not detain us because it embodies no philosophical
doctrine but was rather the result of linguistic analysis of the con-
cept of law in the light of human experience. We shall take as
established data for philosophic consideration, law as general rules.
This brings us to another problem that is avoided, which is whether
or not law consists of nothing else but rules. The position of the
legal realists, while raising valid issues, essentially presents prob-
lems amenable to scientific inquiry, which are not of place in our
discussion. The improvement of the machinery of justice, through
improvement in the training and outlook of the judges and through
improvement in the techniques of judicial inquiry, calls for the adapt-
ation of means to ends, hence the application of science and not
philosophy.
Now, what has philosophy to say on the nature of law, that is
to say, the nature of legal propositions? As previously stated, philo-
sophy deals with ideas; and ideas, so far as human experience goes,
are communicated in language. The expression of ideas in philoso-
phical discourse occurs chiefly in two forms. The first kind is used
to indicate facts. The usual examples are statements concerning
common experiences, such as "The sky is blue"; "The sun is hot";
"The rose is red"; and "Iron is hard." These statements correspond
to events occurring and perceived in experience. Of a similar nature
but more generalized are statements of fact based on the data of
sense experience, usually referred to as "laws of nature". These in-
1965] PHILOSOPHY AND LAW

elude examples well-known to every high school graduate, such as

Galileo's law of falling bodies, Newton's laws of motion, Kepler's
laws of planetary motion, Boyle's law on the expansion of gases,
and the Mendelian laws of heredity. Both types of statements,
perceptual as well as general, are based upon sense experience and
are, therefore, called empirical propositions.
In the other kind of expression occurring in philosophical dis-
course, language is used, not to communicate facts, but to alter con-
duct. Familiar examples are "Thou shalt not kill" found in the
Ten Commandments; the well-known Boy Scout motto "Be prepared";
and the plea in the popular refrain "Don't be cruel." Because they
function as guides or norms of human conduct, these statements are
called normative propositions. In contrast with empirical proposi-
tions, their aim is not to describe events, but to prescribe what should
or ought to be done by human beings. To underscore the differ-
ence between these two types of propositions, allow me to point out
that while the statement "The audience is sitting down" is empiri-
cal, the statement "Do sit down" is normative. The distinction is
between conveyance of a fact, and the conveyance of a command.
In classifying propositions as either empirical or normative, con-
fusion may arise from the fact that many imperative statements, to
use the equivalent expression in grammar, take the form of descrip-
tive or indicative statements. Thus, the saying "Honesty is the best
policy" is apparently an empirical statement, being indicative or
descriptive in form. Analysis, however, easily pierces the disguise,
because the word "best" imports a value-judgment, hence, a norma-
tive proposition. Stripped of its guise, what the saying asserts at
bottom is "Be honest." Similarly, the saying that "Charity is a
virtue" is reducible to the imperative statement "Practice charity"
or "Be charitable."
In philosophy, this distinction between empirical and normative
propositions is crucial. Indeed, the clarification of this distinction
marks off modern philosophy from its ancient and medieval pre-
decessors. Plato and Aristotle, the twin giants who dominated
philosophy until a few centuries ago, considered both types of pro-
positions as coming within the general schema of human knowledge.
Thus, Plato considered values, such as goodness, virtue, justice, and
beauty, not only as immanent in nature but also as parts of a higher
or transcendental reality. For Aristotle, virtue, goodness, beauty,
etc. were qualities with an independent existence. These views are
the philosophic basis for the much-admired Stoic doctrine that man
must live according to nature. For nature, under these views, yields
not only facts but also commands on how men must live. Thus, in
addition to learning from nature that the sun is hot, sugar is sweet
PHILIPPINE LAW JOURNAL [VOL. 40

and stones are hard, one may also learn from nature that certain
acts are just, while other acts are unjust. Nature is thus a Teacher
as well as a Provider.
The view that values no less than facts were discoverable, be-
cause immanent, in nature persisted in philosophy until the eight-
eenth century, when logical analysis demonstrated the tenuous as-
sumptions on which it was based. First, it was shown that pro-
positions of value, while indicative in form, were actually nor-
mative and, hence, could neither be true nor false. In its indi-
cative form, the saying "Honesty is the best policy" could ap-
parently be shown to be true or false. It is clear, however, that re-
duced to its imperative form "Be honest", which is in better ac-
cord with its normative character, the saying can neither be true
nor false. Second, it was also shown that propositions of value,
besides being non-empirical in that they do not indicate facts, can-
not be logically derived from empirical propositions. An example
will make this clear. Suppose it could be shown statistically that
ninety-nine men out of every hundred are honest. It would be logic-
ally valid to infer from this fact, the statement that honesty is
widespread, which is also empirical. But there is no warrant in
logic to derive from the same statement of fact, the rule of con-
duct: "Be honest". Similarly, the rule: "Do not kill" cannot be
logically derived from the fact that most men do not wish to kill
any one. It is now accepted on the basis of this analysis that
value-systems, consisting of normative propositions, are neither a
part of science, nor can they be validated by science.
Let us now consider the nature of legal propositions in the
light of these philosophic doctrines. For purposes of discussion,
I shall give two examples with which, I am sure, you are familiar.
Article 114 of the Revised Penal Code states: Any person who, owing
allegiance to the Government of the Republic of the Philippines, not
being a foreigner, levies war against them or adheres to their
enemies, giving them aid or comfort within the Philippines or else-
where shall be punished by reclusion temporal to death and shall
pay a fine vot to exceed 20,000 pesos. And Article 2176 of the Civil
Code states in part: Whoever by act or omission causes damages to
another, there being fault or negligence, is obliged to pay for the
damage done. Both propositions, it is clear, are normative in char-
acter, although indicative in form, being reducible to imperative state-
ments. Thus, Article 114 of the Revised Penal Code expresses the
rule: Do not commit treason, otherwise, you will be penalized with
life imprisonment or death, plus a fine of 20,000 pesos. And Article
2176 of the Civil Code expresses the rule: Refrain from negligent
acts, otherwise you shall pay damages for any resulting injury.
These examples clearly demonstrate the normative character of
1965] PHILOSOPHY AND LAW

legal propositions; and in accordance with the prevailing philoso-

phical doctrines we have discussed, legal propositions are, therefore,
neither a part of science nor can they be validated by science.
Consequences of fundamental import flow from such status of
legal propositions. Being non-scientific propositions, rules of law
cannot be included in the growing body of scientific knowledge. To
be sure, we can have knowledge of law, but this is a different matter.
Knowledge of law gives us knowledge of the rules, but the rules
themselves do not constitute scientific knowledge because they are
not scientific propositions. Similarly, we can have knowledge of
the teachings of Emily Post as well as Confucius, but neither Emily
Post nor Confucius purports to teach scientific knowledge. It is
also possible to study the law scientifically, in the manner of sociolo-
gists and anthropologists, but this is also a wholly different matter.
In such studies, the rules of law are not considered as propositions
of scientific merit, but as mere data or evidence to support some
scientific hypothesis.
The other consequence that we must consider brings us to our
second problem. Since rules of law being normative in character
cannot be logically derived from empirical propositions, such rules
cannot be validated by science. On what basis, therefore, can we
say that legal rules exists? By what criterion can we establish a
particular proposition as a rule of law? Put a little differently,
how can we distinguish rules of law from rules that are not law,
such as, say, the rules of chess? Apart from its significance to
the theory of law, this problem involves considerations of utmost
practical importance. Rules of law, as we have said, belong to the
normative order of propositions. However, as there are other nor-
mative propositions besides rules of law, it becomes essential to dis-
tinguish legal propositions from propositions which are not legal.
The core of our problem is the notion of validity. Modern philoso-
phy recognizes that there are various types of validity and that
scientific validity is merely one of them. Particular propositions,
even if non-cognitive, that is to say, not satisfying the criterion of
scientific truth, may, nevertheless, be valid in some other non-scienti-
fic system of propositions. This is well illustrated in logic and
mathematics. Propositions of logic as well as mathematics are de-
void of empirical content; thus, the well-known law of identity ex-
pressed in the formula, "p is identical with p" holds true, regardless
of what proposition is actually asserted through the symbol "p".
Notwithstanding this purely formal character of logical and mathe-
matical propositions, questions as to their validity are, nevertheless,
significant and determinable. To resort to the well-known example,
the proposition that parallel lines will never meet, which is valid in
Euclidean geometry, would be invalid in other geometrical systems,
PHILIPPINE LAW JOURNAI[ [VOL. 40

such as Riemannian geometry, which is non-Euclidean. Now, simi-

larly, it is possible to talk meaningfully about legal validity, although
as we have said, legal propositions are normative and do not belong
to science. This problem is divisible into two aspects. First is
the validity of the legal order, apart from any particular system
of law. Second is the validity of particular legal propositions, in
relation to a particular legal system.
The first aspect is actually a matter of identification. Is there,
within human experience, any normative system that we call law,
which can be distinguished from any other normative system? The
answer is, of course, obvious. On the plane of fact, it is clear that
there are many systems of law, as there are many systems of logic,
many systems of mathematics, many systems of ethics and many
systems of theology. All these systems of law belong to what I shall
call the legal order, which is distinct from various other orders,
including the logical order, the mathematical order, the moral order
and so on. The legal order is distinguished from these other orders
in this respect: that every member of the order, which is to say
every system of law, contains the basic rule that the commands cor-
responding to every recognized rule within the system will be en-
forced by the sovereign, whoever this may be, with physical power
to the extent necessary. Any system of norms is a member of the
legal order, that is to say, it is a system of law if it meets the elem-
ents of identification we have mentioned, which include (1) the
element of coercion by sovereign authority, howsoever this may be
defined; and (2) the norm of validity, by which the rules belonging
to the system are determined. On this basis, we can talk meaning-
fully about the system of classical Roman law, the Mesopotamian
legal. system, the Macedonian legal system with the same validity
that, we can talk about present-day systems of law, including Philip-
pine law. It can be pointed out, of course, that while the Philip-
pine legal system is in actual operation, the other legal systems men-
tioned are defunct. But this point does not relate to the validity of
the systems as members of the legal order, but to their efficacy
in practice, which is an altogether different matter. From a purely
theoretical standpoint, the system of classical Roman, for example,
is of equal standing as the system of Philippine law, so far as its
h gal character is concerned, that is to say, it meets the criteria of
legality.
The other aspect, which is of greater practical importance,
conce:ns the validity of particular legal rules. Given a particular
rule, is it a valid rule of law? Doubtless, you have come across
problems of this type, as they are fairly common in the decisions.
In taxation, for example, is the doctrine of equitable recoupment
1965] PHILOSOPHY AND LAW

valid? In the law of persons, is breach of promise of marriage a

basis of liability? The answer to such questions of validity lies in
determining whether or not the criteria of identification or recog-
nition provided in a particular legal system have been satisfied.
This brings up a point which cannot be overemphasized, namely,
that as validity is a relational concept, the problem in every case is
whether or not the rule in question is valid in relation to a parti-
cular system. Thus, the question of validity cannot be solved in the
abstract, but only in the context of a particular legal system. Exam-
ples will clarify this point. Suppose it is asked: is the doctrine of
equitable recoupment valid? The problem as stated, being purely
an abstract one, is insoluble. It must be asked further: Valid for
what system of law? Once a particular system of law is mentioned,
such as the Philippine law, the problem becomes legitimate and resort
can be had to the rules of identification obtaining in the system.
For example, while breach of promise of marriage is a basis of
.liability in many American jurisdictions, it cannot be, in itself, a
basis of liability in Philippine law. The rule that breach of promise
is actionable is, therefore, not valid in Philippine law, although valid
in other legal systems. Such criteria of identification, or rules of
recognition, to use the phrase of Professor Hart, actually vary from
one legal system to another and generally, more than one such rule
may obtain in a given jurisdiction. Thus, in England the principal
rule of recognition is approval by the Queen in Parliament, while
in the United States as well as here, it is the approval, express or
implied, by the President of legislative enactments'. In virtually
all jurisdictions, judicial adoption is admitted as a secondary or
supplementary rule of recognition, resulting in the infusion of new
rules into the legal system affected. In our jurisdiction, for exam-
ple, many doctrines of law owe their validity to their adoption by
the Supreme Court as controlling principles in cases decided by it.
The limitations of time and energy forbid a fuller discussion
of the points just raised, so let us turn to our third problem. As
already indicated, once a particular rule satisfies the criteria of
recognition obtaining in a given legal system, it becomes, ipso facto,
a rule of law in that system. Do such criteria include moral stand-
ards? Is moral validity required for legal validity? Can a rule
that is unjust become or remain a rule of law? This problem con-
tinues to be a thorny issue between the positivists on the one hand
and the adherents of natural law on the other hand. The positivist
view of law affirms that rules of law remain law, regardless of their
moral invalidity. On the other hand, the natural law theory main-
tains that law must conform to basic moral standards and that a
law which is unjust is not law at all. The heart of the natural
law thinking is the doctrine that certain moral principles are or-
PHILIPPINE LAW JOURNAL [VOL.. 40

dained and enjoined by nature, which are immanent in empirical

reality, in much the same way as the laws of nature in the physical
realm. While the facts of nature govern activity in the physical
world, the moral commands of nature govern the acts of men. Both
expressions of natural law, moral as well as physical, occur and are
perceived in experience. Under this view, the principles of natural
justice are as much a part of nature as the laws of physics and
chemistry.
It is, of course, manifest that the natural law doctrine is based
on the ancient fallacy we have discussed earlier, which is that values
are to be found in nature in much the same way that facts are
found. The fallacy uncovered by philosophical analysis lies in the
imputation of linguistic forms to physical nature, in supposing that
commands occurring in human language are in fact commands oc-
curring in nature. This tendency is quite natural. There is in
every man the impulse to be his neighbor's keeper and to teach him
how to live. Thus, one persuaded of the merits of honesty as the.
highest moral principle would normally seek to spread the gospel.
He would endeavor to have all those around him conform to his de-
sire- that they be honest. In this effort, he would have to use,
as he must, the agency of language. If he would be literal about
it, he would say to all and sundry: It is my desire that you be honest.
But common sense condemns such approach as crude, since this
particular desire of his may not carry much weight with others.
It is most unlikely that his desire will be respected outside his im-
mediate family, to whom he could, of course, administer a beating
in case of disobedience. For tactical advantage, he therefore couches
the command in the familiar form: Honesty is the best policy. In
this form, the ethical command is disguised as a principle because
it has become impersonal, that is, its validity is affirmed without
reference to the personal desire of its advocate. Accordingly, its
marketability is greatly improved, although its message has not
actually been changed. When one says "Honesty is the best policy",
what is really affirmed is this: It is my judgment that there are
good reasons for being honest and it is my desire that you accept
those reasons and be honest. Thus analyzed, it becomes clear that
moral principles entail (1) private and individual judgments as to
what is desirable; and (2) the desire that others conform to such
judgments in their conduct. It is only language that gives our pre-
ferences, or our prejudices, if you please, a semblance of con-
creteness and universality. It is but one step from discoursing on
honesty, virtue, goodness, and justice to discovering that, as objects
of discourse, they are (-ntities with independent existence. Through
the medium of language, therefore, following the well-known process
called "thingification", the moral judgments of private individuals
1965] PHILOSOPHY AND LAW 609

are made to appear essential attributes of the universe. Following

the analysis of Hume and, after him, Kant, no contemporary philo-
sopher seriously entertains the view that moral values are immanent
in empirical reality, that is to say, existing as facts of nature. Scien-
tific inquiry can disclose no moral laws, only physical laws.
The consequence of such philosophic discovery is plain. As
moral principles are not commands of nature but merely private
judgments or opinions expressive of individual desires, there exists
no necessity for requiring a rule, in order that it can be a valid rule
of law, to satisfy moral standards. Thus, philosophy vindicates
the practical grounds for rejecting conformity with moral stand-
ards as a requirement for legal validity. The criteria of validity
in any legal system, which as we have said Professor Hart calls
"rules of recognition", are essentially empirical. These are events
occurring in experience, which are subject to factual verification.
Thus, in Philippine law, proposed bills become statute law if enacted
by Congress and approved by the President, expressly or impliedly.
Enactment as well as presidential approval are external acts, whose
occurrence or non-occurrence is easily ascertained. On such basis,
there is virtual certainty in determining whether or not a given rule
is part of our statute law. But the introduction of moral validity
-is an additional criterion for legality of any rule would destroy such
existing certainty. Moral standards, as shown by philosophical ana-
lysis, are essentially private judgments of individuals, hence, sub-
jective and variable. Values are incommensurable and their validity
is not capable of any rational proof. If, therefore, the validity of
rules of law is made to depend upon their conformity with moral
standards, the validity of law would be subject to the private opinions
of individuals, hence, variable, uncertain and conflicting. One man
would obey the law, while his neighbor would refuse to obey on
the ground that in his view it is unjust and, therefore, not a law.
at all. The natural and logical result would be anarchy, which is
precisely the situation that law is expected to prevent.
All this is not to say that law has nothing to do with morals,
or that morals are not important to law. The law, says Mr. Jus-
tice Holmes, is the deposit of our moral life. Its rules embody the
values which the community has come to accept and to cherish. It
is, therefore, of great importance to the stability of the values hy-
postatized in the law that their realization and actualization be not
defeated by the private moral judgments of particular individuals
in the community. The view of the people as to what is good and
desirable, as expressed in the law, cannot be subordinated and nulli-
fied merely because some individuals object to the popular judgment
on moral grounds. This is not to say that no law can be unjust.
PHILIPPINE LAW JOURNAL [VoL. 40

The human race has been, as it still is, victimized through unjust
and oppressive laws. It should be understood, however, that when
we call a law unjust, we are judging it or criticising it not on the
basis of legal criteria but on the basis of moral standards. Put
a bit differently, we are criticising a rule in the legal system, on the
basis of a rule in another and different system, which is a system of
morality. Granting, then, that a particular law is bad or unjust,
the obvious way out is to repeal it, rather than to make it disap-
pear, as adherents of natural law insist, through an elaborate chain
of dubious reasoning.
Mention of unjust or bad laws brings as to the fourth problem.
What are the ends of law? What purposes should it strive to real-
ize? From what has been said earlier, it should be clear that philo-
sophy can provide but little enlightenment on these questions and
that whatever answers are given are necessarily tentative and in-
complete. Much speculation has been done in ethics and politics,
but little progress, if at all, has been made in resolving the central
problem of what should be the ultimate value in society. Should
this be maintenance and preservation of property? Or should it
be the greatest good of the greatest number? Or should it be the
happiness of the individual? Or should it be enhancement of per-
sonal liberty? These are but samples of the many views that have
been propounded on what the ultimate social value should be. The
resulting perplexity cannot be resolved with finality, for in the
realm of values, the principle of indeterminism governs. While
man's body is chained to the physical universe and his acts must
bend to the iron laws of nature, he is free in mind, in spirit and
in imagination to fashion the ideals that shall command his alle-
giance. So long as his adventure in the cosmos endures, the aspi-
rations to which the human soul will cleave will vary with man's
circumstances, including his needs, his resources and his opportu-
nities. In this quest for self-discovery religion will give him for-
titude; philosophy, wisdom; and science, power. For the present
and the foreseeable future, law has the modest but crucial task of
providing the social conditions of security and liberty essential to
human achievement. The actual legal structure in each society
will be, as it is, highly variable. It is to be hoped, however, that
with their growth, the humanities and the sciences will provide
more and better insights into the essential nature of man and that
Law, under their informed guidance, shall increasingly become in-
strumental in the attainment of this vision.
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