Legal Philosophy Philippines Flashcards
What are the Types of Justice?
TYPES OF JUSTICE
- Utilitarian
- Retributive
- Restorative
- Distributive
What are the 4 Types of Distributive Justice?
TYPES OF DISTRIBUTIVE JUSTICE
- Strict Egalitarianism
- The Difference Principle
- Dessert-Based Principle
- Libertarianism
What is Article 22 of the Revised Penal Code and how is it related to the Topic of Justice and Punishment?
ARTICLE 22. Retroactive Effect of Penal Laws. — Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in rule 5 of article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.
What is Utilitarian Justice?
Maximize benefit to society. Punishment is justified because it has the ability to bring social benefits like teaching the lesson that the law is not worth violating. Criticism – can have immoral consequences, since the end justifies the means.
connection to law - the reason we should impose punishment to criminals
Case connected to this is people v. Pablo dela cruz
What is Retributive Justice?
Punishment that aims to avenge the wrongs done to society, and therefore seeks to enact rules which avenge crimes proportional to their gravity or balancing up what was upset by the crime.
What is Restorative Justice?
Concerned in making the victim “whole” again, while reintegrating the offender back to society.
Restorative Justice is what the Philippine criminal justice system applies.
What is Distributive Justice? Give examples of Distributive Justice definitions by Philosophers.
Concerned about the distribution or allocation of societal “goods” like liberties, wealth, income.
Aristotle: “the basis in distributing rewards should be virtue or one’s intrinsic worth and natural merit”
John Locke: “a fitting reward is due to their effort in “work” or the value of the products they produce, since each must enjoy the fruit of his own labor.”
Karl Marx – “basis of distribution should be the “need”
What is Strict Egalitarianism?
Radical equality that every person should have the same level of goods and services regardless of race, religion, sex, sexual preference, status, wealth, intelligence, physical abilities, etc. Criticism – people have different needs.
What is the Difference Principle?
Allows inequality in distribution, if it benefits the worst-off members of society.
What is the Dessert-Based Principle?
Focuses of merit or effort or some other quality as the basis for “dessert” that links distribution with deservingness.
What is Libertarianism?
The distribution of wealth and income flows from the free choices made by individuals (freedom of liberty)
Believes that each individual should have an equal right to basic liberties (or autonomy).
That might result in a relatively equal distribution of wealth and income, or it might result in massive inequalities.
For the libertarian, what matters is whether the transactions or transfers are themselves just.
If I freely choose to sell you Whiteacre, and I gamble away the proceeds while you grow rich, then the resulting inequality is just because it results from voluntary transactions.
In a sense, then, libertarians reject the idea of distributive justice’ as applied to the distribution of wealth and income.
At the same time, however, libertarians tend to be strict egalitarians when it comes to the distribution of basic liberty rights, because most libertarians believe that the basic liberties (freedom of conscience, self-ownership) cannot themselves be alienated.
So libertarianism can be described as a form of egalitarianism where it is liberty that must be equally distributed.
What type of Justice did the SC practice in the case of People v. Pablo Dela Cruz, 1953? Explain.
Utilitarian Justice - because the desired effect of the SC was not to put the small businessmen to jail, but to show others that they should not engage in profiteering or else, they will reach the same fate as Pablo.
The purpose is to prevent businessmen abusing their customers. punishing this crime will prevent further abuse through profiteering.
Punishment imposed was still within the law (it was justified because they stayed within the law).
Retributive Justice - because it avenged society by getting back the wrong done.
The SC showed that they are strict, but with a touch of humanity by reducing the penalty, while still within the law, not the bare minimum, but in the lowest possible penalty.
What type of Justice did the SC practice in the case of Ophelia Hernan vs. Sandiganbayan? Explain.
RETRIBUTIVE because the penalty imposed to Ophelia was proportional to the amount of funds that she stole.
UTILITARIAN JUSTICE because the penalty imposed depends on the amount of funds that was stolen.
RESTORATIVE JUSTICE
The general rule is when a judgment that has reached its finality, you may no longer modify or correct any errors, aka the doctrine of immutability.
But in this case, the SC had to ask the RTC to modify its final decision, due to the exceptional circumstance of the passage of a new law, warranting the relaxation of the doctrine of immutability, which reduced the penalty imposed upon the accused, and may even apply for probation.
The retroactive effect of the RPC favors the accused.
The lesson is, all is not lost for a convicted felon because there is a chance that a law may be passed regarding his circumstance.
It showed Retributive Justice because the penalty depends on how much money was malversed to get back what was lost.
Case: Hernan the accused got lucky because there was a new law in his favor, using the law on retroactivity.
Ophelia Hernan was an accounting clerk at the Baguio DOTC who was charged with Malversation of Public funds when the COA found discrepancies in her deposits amounting to 11K.
What kind of Justice reflects in the case of NBP v. De Lima?
Restorative Justice - because it shows that our justice system works not only to penalize or teach a position, but rather we want to reform or rehabilitate so that we can reintegrate them back to society.
In this case, RA 10592 was enacted for convicted criminals to be able to lessen their sentence through good behavior (the good conduct time allowance (GCTA) was increase and may be deducted from the prison sentence of the inmate). Effectively showing that they are capable of changing for the better enough to rejoin society.
Distinguish Justice as Character and Justice as Rule of Action?
Justice as Character - (desire) part of a person’s character to happily give each man his due and considers the well-being of others, “to give to each his own.” (the subjective aspect)
Justice as a Rule of Action - (obligation) all acts and dealings with others must be done with fairness, impartiality, equitableness, and rectitude. “Give each man his due.” (the objective aspect)
What does equal access before the law mean? Give Examples.
Equal access does not mean sameness. For example, ramps for the disabled
To administer the law without fear or favor and treat all parties fairly without any discrimination. Criticism - more formal than real.
For example, in Criminal Law, the accused has rights and benefits too.
In Labor Law, it is illegal to dismiss a person based on “Lookism” or discrimination to age or physical appearance.
What is Positive Discrimination? Give Examples.
Seeks to make the playing field even for all by promoting equal opportunity to discriminated members of society.
aka “Reverse discrimination”
aka “Affirmative action”
Examples are Putting a ramp in all buildings for the disabled, Maternity leaves, Government scholarships.
Example:
In the US, the quota for Diverse hires in companies is for compliance with regulations for equal access of jobs.
Example: Maternity leave.
What is the Concept of Liberalism as part of the ends and effects of the law?
A Representative government would be an effect of liberalism (opposite of monarchy, church, feudal landowners).
Liberalism aslo believes in the non-intervention in economic matters – unless there is a monopoly. Laissez faire (let alone).
This is because liberalism believes in the value of individual human personality due to free exercise of powers, and therefore it is unnecessary to set restrictions upon freedom of thought and action should be removed and the state must assume responsibility for ensuring healthy conditions for all aspects of life – work, education, safety nets against poverty and misfortune.
What are the 2 kinds of Liberalism views? Explain.
Positive and negative liberalism. Positive liberalism is the active promotion of human rights, while negative positivism is setting limits to government intervention.
Positive liberalism is the belief that the Government should Actively promote rights and freedoms, like government housing, free education and facilities, higher standard of living, honest elections, honest government, etc.
Government must ensure that people have equal access to necessary freedoms such as subsidized housing, free education.
Negative liberalism (aka classical liberalism) believes in settling limits to government influence, like the Bill of rights.
Negative is freedom from constraint. No government intervention.
What is Article 7 of the civil code and how does it relate to the topic of liberalism under the obligation to obey the law?
Article 7 of the Civil Code provides that, Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.
It related to liberalism because…
What are the 3 cases under the topic of obligation to obey the law? Explain.
The cases under the topic of obligation to obey the law are Gerona vs. Secretary of Education (1959), Ebralinag vs. Division Superintendent of Schools of Cebu (1993 and 1995).
The Ebraling and Gerona case have the same situation wherein the petitioners are both Jehova’s witness regarding the participation in the flag ceremony.
Reasons
(1) Article 3 section 5 of the Philippine constitution. SECTION 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
Talking about equal access and alternative action. JW is discriminated. The SC made a way for them to practice their religion.
In the case of Gerona vs. Secretary of Education, (1959) the jehovas witness congregation interpreted flag ceremony as acts of worship and prohibited it. The case displayed Negative Liberalism, since the petitioners claim that the state should not impose or obligate the jehovas witness children to comply with the guidelines on the flag ceremony.
(2) Although The Potential danger of invoking in court is that religion may be used as a defense in future cases. In this case, the SC took a risk since there was no present danger due to jehovas witness being a minority in society and they have shown to be law abiding citizens.
What factors affect the obligation to obey the law?
Freedom of speech, religion, and all other fundamental rights of a person. . (Article 3 of the Philippines consti, aka Bill of Rights)
What is the meaning of Equity? Give examples if definitions.
Equity is the principle of fair and equal justice for all.
The Law as ‘equity” has two meanings:
(1) treating people equally and fairly and
(2) A separate body of law as a reaction to the inability of common law courts to provide a remedy for every injury.
Separate body of law means that if it is not provided by our codes, it is the body of law that fulfills the insufficiencies.
Equity is Used by judges when “Where there is no law pertaining to the situation, then we resort to Equity.” (Article 9 of the Civil Code “No court shall decline to render judgment… obscurity”)
Aristotle: “Equity is to give correction of the law where it is defective” (importance of special ordinances since the law is general)
Black’s Law Dictionary: “Equity is the recourse to correct or supplement the law. Since the law is general, the literal application of the law would result to injustice. To prevent injustice, you need to resort to the spirit or meaning of the law.”
Thomas Jefferson: “The earth belongs in usufruct to the living”
The Supreme Court of the Philippines: “Equity regards the spirit and intent of law. Equity Jurisprudence is using rules and doctrines to aid, and even override laws for the purpose of protecting rights. Judges must be guided by Equity and not decline to render justice no matter what defect there is in the law.”
What are the 3 equitable principles in international environmental law? Explain each.
3 EQUITY PRINCIPLES IN INTERNATIONAL ENVIRONMENTAL LAW
- Common but Different Responsibilities
- Sustainable Development
- Intergenerational Equity
Common but different responsibilities is the Protection and Preservation of the Earth’s biodiversity since the world is a “common heritage of mankind” then “we have a common responsibility towards its protection” but responsibilities are not the same because first world countries contribute more pollution and therefore Underdeveloped countries are the most vulnerable and shall be given special priority.
Sustainable development is the kind of development that meets the needs of the of the present without compromising the ability of future generations to meet their own needs. (Connected to this, The principle of integration Mandates that environmental considerations need to be integrated into a country’s economic and development plans, programs and projects.)
Intergenerational Equity believes that since we inherited the environment from our ancestors, we have an obligation for the benefits of the future generations.
What is Article 9 of the Civil Code?
ARTICLE 9 OF THE CIVIL CODE
No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.
What is Article 3 of the Civil Code?
Art. 3. Ignorance of the law excuses no one from compliance therewith.
