"Legal Philosophy For Filipinos: A Case Study Approach" by Gil Marvel P.

Tabucanon
By: Roger Christopher R. Reyes
The main concern of legal philosophy is to provide for a wide-ranging philosophical analysis and understanding of law and of existing legal institutions. Legal philosophy seeks to address and offer
answers to an array of issues from theoretical questions concerning the nature, essence and ultimate purpose of law, to normative questions regarding the role of law in society, the relationship
between law and morality and whether the two are associated with or distinct from each other.
As the title Legal Philosophy for Filipinos: A Case Study Approach indicates, Gil Marvel P. Tabucanons book attempts to present an extensive probe on the rudiments of law while providing the readers
a bigger picture on what law is and should be. How the concepts are applied and manifested in real-life situations how theory is put into practice is the foremost object of his work. Said object is
pursued not only by adequately discussing the different concepts pertaining to the discipline, but also by including pertinent illustrative case studies.
The book contains numerous chapters which can further be clustered, thereby only having three main parts, depending on the subject matter they focus on. For instance, the first part serves as an
introduction. Here, terminologies are defined and explained, incorporating therein the views of other authors and thinkers. The different facets of law like its classifications and conventional
characteristics are discussed to acquaint and familiarize the readers. A hypothetical matrix distinguishing a poor from an excellent legal system is even shown for reference. A historical survey on the
evolution of law from the ancient times to the contemporary age is then laid down vis--vis its codification and/or practice in the systems of belief of the worlds different religions. Since then, law is
constantly evolving, adapting to the demands of times and undergoing a process of self-correction and adjustment.
It is submitted that a determining factor of a good law is its conformity to the principles of justice and fairness. Hence, the second part of the book provides for a thorough discussion of the ends and
effects of law, where Tabucanon ventures in expounding the fundamental principles upon which existing legal systems of the world depend: a) justice, b) equity, c) human rights, d) equality, and e)
equal access before the law. Justice is a constant and perpetual will to give everyone his due, says Ulpian, a Roman jurist. Justice insists that all acts and dealings with others should be done with
fairness, impartiality and righteousness. A discussion of the various kinds of justice is included but is placed in the latter part of the book. Moreover, equity can be made to apply when no law governs a
particular controversy or, if there is, its literal application would not serve the ends of substantial justice. Human rights, as an indispensable condition for human dignity, are rights innate in man, rights
which are deeply rooted in our humanness that the denial or violation thereof is practically the same as the negation or degradation of that which makes us human. Gone are the days when sovereign
monarchs had limitless powers. Human rights, as reflected and enumerated in different documents like constitutions and international human rights instruments, are now guaranteed so that they
cannot be trampled upon by anyone. Equally, another time-honored objective of law is considered: the quest for equality before the law; that with regard to the rights and protections of the law, all are
equal and the law shall be enforced without fear or favor. However, Tabucanon observes that judges and lawmakers have to concede that there exists natural inequality of capacities and needs vis--

vis efforts aimed at fostering equality and eliminating discrimination. Finally, when it comes to access to the judicial system, Tabucanon asserts, one should not be discriminated against on account of
his political, religious, economic, and/or socio-cultural circumstances. The law must, therefore, treat all parties fairly.
The third part of the book focuses on the schools of thought in legal philosophy, namely: a) naturalism, b) positivism, c) realism, d) formalism, and e) critical legal studies. Their basic tenets are put
forward. Naturalism and positivism are on the opposite sides. Whereas naturalism asserts the union of law and morality, positivism insists on their separation. Naturalists maintain that the essence of
law is morality and justice; that what is good and fair can be found in nature itself, and that they can be accessed through human reason. Conversely, positivists argue that the essence of law is the
interplay between law and politics; thus, a law is a law if it is supported by the authoritative power of the state thereby becoming a necessary element of societys political structure. Laws are,
therefore, man-made, having originated from a convention among those who use it. Morality will not come into play as long as the laws source and interpreter are legitimate and recognized by the
people. Based on the foregoing, it is evident that the natural law theory uses the moral criterion as against positive law theorys political criterion. Realism and formalism are also on opposite
directions. Whereas realists may, at times, rely on extralegal factors in resolving cases, formalists do not. The center of legal development, according to realists, is not in law or jurisprudence per se
but in society. The study of law must be taken in its sociological context. Hence, law is determined by real-world practice and experience, by how it is lived and felt. On the other hand, formalists
subscribe to the idea that the abstract principles of law essential to arrive at a sound judgment may be found within the letters of the law. Law, formalists believe, is a set of rules independent of other
institutions. Finally, critical legal studies believes that law is but an expression of the policy goals of a group which, at that particular moment in history, dominates society.
Tabucanon maintains that a determinant of a good law is its conformity to the principle of justice. It is worthy to note that the overall task of Platos The Republic is to show that a person is better off
just than unjust. A careful reading of it will show different views on justice in relation to the different schools of thought in legal philosophy. First, Cephalus, when engaged by Socrates in a
conversation, gave his concept of justice as that of paying taxes due to the state and paying ones obligations to ones debtors. From this perspective, justice is being a law-abiding citizen, doing what
the state asks you to do. Such view may fall under realism. Second, Thrasymachus, with reference to the frequent regime change in Athens, defined justice as the advantage of the stronger party. He
explained that whoever is in power happens to have justice and uses power to gain more. When oligarchs win, they exploit the masses and when the masses win, they deprive oligarchs of their wealth.
Thrasymachus view may fall under critical legal studies. Third, Glaucon gave his concept of justice: a result of a convention, a compromise between the stronger and the weak not to do injustice
insofar as others will not do injustice to them. Men are just due to fear of being punished for injustice. Law is, therefore, the product of that compromise. This view may fall under positivism. Finally,
Platos justice is doing what one ought to do, pursuing that which is best suited for ones nature. According to him, the soul is in a state of spiritual harmony when reason rules. Rationality should be
the telos or goal. Platos view may fall under naturalism.
As already mentioned, the book is divided into three parts, each having a particular theme. In this vein, this author would like to take note of the discussion on the ends and effects of law. This author
has observed that the fundamental principles discussed therein can be associated with democracy. Real democracy, William Anthony Hay notes, means liberal representative government under law,
sustained by a political culture which accepts open disagreement and demands accountability.1 There is an observable emphasis on the role of institutions in making a political order work. The rule of
law, as an institution, is the backbone of any democracy. This rule of law refers to the rules institutionalized as unchanging part of the society. It is a mixture of rights and obligations. It must be given
high regard so that democracy is sustained. The rule of law, indeed, is among the vital pillars upon which any high-quality democracy rests, says Guillermo ODonnell. It is ensuring political and civil

rights and means of accountability, and upholding the political equality of all before the law while limiting potential abuses of state power. For there to be democracy, fundamental rights have to be
upheld. Thus, the right to form groups, to organize and to assemble together with the aim of addressing issues of common concern is a human right. This ability to organize is an avenue where citizens
can influence their governments and leaders. Freedom of association and speech and protection from arbitrary arrests should also be present. Freedom of speech is that right to hold opinion without
interference. The rule of law is about a states capacity to protect and deliver the rights of its citizens. With these said, when our rights and freedoms are guaranteed and protected under a rule of law
a democratic rule of law various social agencies can function effectively, free from any hindrance or intimidation which the powerful state actors may exert.
Legal Philosophy for Filipinos is a good reading material. An outstanding feature of the book is its extensive use of materials and sources which can be evidenced by the great quantity of footnotes. The
book is arranged and written in a good style, where facts are presented in a clear and coherent manner. Similarly, the objective presentation of contending views on a particular matter to aid the
reader in assessing which argument he will support, the employment of comparative matrices to distinguish one concept from the other, and the use of a case study approach to show how legal
concepts are applied in real-life situations, make the book informational and helpful not only to those in the study of law, but also to anyone who wishes to read it. While Legal Philosophy for Filipinos is
more of a book on philosophy rather than a book on law as it ventures on expounding the theoretical concepts of law, still it is a material worth reading for it introduces the reader to the rudiments of
law.