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Policy Science School of Jurisprudence

A. YALE APPROACH

advocated that they use their work to help solve the major
problems facing society and to help enhance human dignity.

Yale University (Yale Law school)

- left University of Chicago and began his association in Yale Law


school, Lecturer, became a professor of Political Science

Professor Harold Laswell and Myres S. Mcdougal, second world


war

- Despite his death, Lasswellians continue to call to bring his


work back to the research agenda

Professor Harold Lasswell - renowned political scientist who


was instrumental in the creation of three interdisciplinary fields:
(Communications and Public Opinion, Political Psychology and
Policy Sciences.)

- Policy scientists continue to promote use of Lasswell's policy


sciences approach to provide policy intelligence.

- born on February 13, 1902

- both before and after death, 200 times in 17 yrs before death
and 70 times in the 17 years after his death, "Legacy of Lasswell
is undervalued and underused."

- died on December 18, 1978


- Raised in Illinois, received a scholarship to attend the University
of Chicago.
- He received his undergraduate degree in economics, became
an assistant and associate professor in UC, and conducted
research, attended courses at universities in London, Berlin,
Paris and Geneva.
- was under the leadership of Charles Merriam, who was leading
the behavioral revolution in political science.
Behavioralism - approach in political science, emerged in US in
1930s, which emphasized an objective, quantified approach
- Explain and predict political behavior, from unbiased and neutral
point of view.
- Examine behavior actions and acts of ind, quantitative approach
- Before, political science, being a science was disputed,
because it lacked scientific method (Quali and normative)
- Behaviorists used strict methodology and empirical research,
validate their study, verifiable facts (sampling, interviewing,
scoring and scaling and statistical analysis)
- But, despite of his first orientation, he also believed that the role
of social scientists extends beyond empirical investigation. He

- Study of Eulau and Zlomke, citations of Lasswell in articles

Professor Myres Mcdougal


- Renowned authority on international law
- born in 1906, Burton Missisipi.
- received BA, MA, LLB from Univ of Missi and Rhodes Scholar
at Oxford
- Oxford, he was a student of legal historian William Holdsworth,
influence on his work.
- Mcdougal invited to teach Oxford, refused returned to US to
earn doctorate from Yale Law School.
- World War II, he took leave from YLS to serve country, as a
general counsel of State Department Office's of Foreign Relief
and Rehab Operations.
- turned his attention to international law.
- published "Legal Education and Public Policy", together with
Lasswell, Yale Law Journal
- They (he and Lasswell) founded New Haven School of
Jurisprudence, Policy-science approach
- To the study of law that conceives of law not as a body of rules,
but as a process of decision.

- Study, configurative and policy-oriented

- No libraries are known

- Challenge was to develop and apply an approach to the study


and practice of law

- Diogenes Laertius, reported that work of Hera was divided into


three sections, one on cosmology (origin of universe), politics,
and theology.

- So law can contribute to the achievement of public order


respectful of human dignity

- may be concerned with the human relevance of philosophic


theories, but he is an elitist like Plato

- Conception of the ultimate goal of law as the achievement of


human dignity

- thinks that only selected readers are capable of benefitting from


his teachings

- Legal application be appraised in terms of its contribution to that


dignity

Jurisprudence of policy science aimed at the global, regional and


national levels of legal orders. The problem addressed by the
policy science school of jurisprudence is same-old issue of war
and peace, turmoil and security.

In Jurisprudence in Policy Oriented Perspective by Professor


Laswell and Mcdougal, Jurisprudence is most usefully conceived
as a theory about law, not a theory of law. (Economic theory
differences are often striking between perspectives of acad
economists and working assumptions of businessmen.

The distinction is best understood in economic theory in which the


differences are often striking between the perspectives of
academic economists and the working assumptions of
businessmen and regulators of business.

Heraclitus of Ephesus stated 2,500 years ago that the major


problem of human society is to combine degree of liberty without
which liberty becomes license.
Heraclitus of Ephesus

- Like Plato, he does not teach his philosophical principles


directly, but couches them in a literary form that distances the
author from the reader.
o

In Calalang v. Williams, SC viewed problem in context of


Heraclitus, court stated that Liberty is a blessing without which
life is a misery; but liberty should not be made prevail over
authority because society will fall into anarchy(a state of
society without government), neither should authority be made
to prevail over liberty because then individual will fall into
slavery.

Scholars belonging to this juristic school advance their view that


the direct and alternative solutions to the problems of easing
global, regional and national tensions which affects human
relationship must move away from value-free approach (positive
norms, case law) of legal positivism. They also feel strongly that
legal realism is unequal to vast changes occurring in the world
today which threaten dislocation of social values.

In view of this juristic school, application of social values in the


global, regional and national levels of public orders cannot be
ignored.
Professor Filmer Stuart Northrop

Generally considered to have favored aristocratic government


rather than democracy

Wrote a single book (papyrus roll), and deposited it in the


great temple of Artemis at Ephesus.

- 98 years old, when he died

Temples often served as depositories for money and other


valuables

- Expert in the fields of philosophy, science, anthropology and law

- was born in Janesville

- Graduated from Beloit College in 1915

- Studied the major scientific advancements of the early 20th


century
- Completed his Master's degree at Yale, and received his
doctorate in Harvard
- Became an instructor in Philo at Yale
- Chairman of the Department of Philo

- Research Professor of International History at Univ of London


- Interested in repetitions of patterns in history and origin of
civilization.
- Work praised as a simulating answer to the specializing tendency of
modern historical research
o

Historian Arnold Toybee explains paradox (despite apparently


sound reasoning from true premises, leads to a selfcontradictory or a logically unacceptable conclusion) of
struggle between socialism and democracy.

Democracy and socialism have nothing in common but one word:


equality. But notice the difference, while democracy seeks
equality in liberty, socialism seeks equality in restraint and
servitude.

Socialism - social ownership and democratic control of the means of


production;[10] as well as the political ideologies, theories, and
movements that aim at their establishment

- Served on several international organizations involved in


resolving international ideological conflict.
- He was a fellow of the American Academy of Arts and Sciences,
member of American Academy of Political and Social Science.
- One of his famous books, "The Meeting of East and West",
theorized that East, embracing Confucius and Lao-tze
(Philosophical Principles - Asian), used concept of "intuition
(instinct)", West, in the tradition of Aristotle and Plato, valued
"concepts of postulation (postulates)".
o

Filmer S.C Northrop philosopher, advance several factors to


emphasize the urgency of a new jurisprudence for free societies:
(1) Fission of atomic nucleus and proliferation of atomic
weapons, (2) Shift of political and geophysical focus of the
world towards Asia and the East, (3)Inescapable connection
between national, regional and global problems, Two other
factors, namely: (4) General abuse or disregard of human
rights and freedom, (5)Need for peaceful procedures of
competitions without comprising basic social values.

Historian Arnold Toynbee


- Born April 14, 1889, died Oct. 22, 1975
- British historian
- 12-volume analysis of rise and fall of civilizations, A study of History
(known as History of the World) popular
- Born in London, Winchester College and Balliol College, Oxford.
- worked for the Foreign Office during both WWI and II.
- Director of studies at the Royal Institute of International Affairs

Policy Science Jurisprudence


o

Yale approach launched with a jurisprudence called Policy


Science.

Policy settled guidance,


adopted by the legal order.

Policy Science discipline concerned with the formation,


clarification and realization of social values.

strategy

or

program

Features of Policy Science:


A. REACTION TO APATHY TOWARDS SOCIAL VALUES
The realization of the policy oriented approach to the study of the nature
and function of law is hindered by the failure to relate social values to
legal education.
The apathy towards social values, to some extent, explains the
tendency of governments to view the rights of human beings as
hindrances to the exercise of governmental powers. (freedom of
speech Rallies hindrance to the exercise of government power)

This policy science perspective views the law as an instrument for the
achievement of social values which is professed thrust of the law.

Example: FREEDOM OF SPEECH RIGHT OF HUMAN BEINGS


RALLIES AS FORM OF FREEDOM OF SPEECH
CONSIDERED AS HINDRANCE TO THE EXERCISE OF
GOVERNMENTAL POWERS

B. MOVEMENT AWAY FROM ONTOLOGICAL JURISPRUDENCE


(Ontological - A branch of metaphysics concerned with the nature and
relations of being; A particular theory about the nature of being or the
kinds of things that have existence; philosophical study of the nature
of being, becoming, existence or reality as well as the basic categories
of being and their relations.)
Policy science jurisprudence insists that the value-free approach of
legal positivism to the study of the nature of the law is a dangerous
view - Legal positivists say that there is nothing immoral that is legal.
Concept of Judicial legal realism that statutes, rules and ordinances
are no more than sources of the law is destructive of the grand
divisions of governmental powers and functions.
For Policy Science School of Jurisprudence, Ontological concepts of
the nature of law are of no help in the reduction of national, regional
and global tensions.
This juristic school believes that both judicial legal realism and positivism
are incapable of solving the needs and requirements of present-day of
systems of public order.
Social and legal functions of control are developing both in predictable
and unforeseeable fields or directions.
C. EMPHASIS ON HUMAN RIGHTS
Policy science approach is likewise a movement away from slogans,
doctrines and structures of despotism (dictatorship) towards the symbols
and practices of a free society. This juristic school emphasizes right to
life, liberty, equality, property, education, security and the free
exercise of the mind.
D. MOVEMENT FOR
SOCIAL VALUES

THE

UNIVERSAL RECOGNITION

OF

This juristic school emphasizes that the law would be imperfect to the
extent that it ignores the social values.
Policy oriented approach - advocacy of social values.
The direction of the jurisprudence of policy science is away from
isolationism characteristic of national legal systems.
Policy science seeks the universal identification of the social
values, their promotion, recognition and enjoyment by all persons
everywhere, underscores the need for the eventual identification of
basic social values in the legal orders of all societies.
POLICY PROCESS AND PROBLEMS ABOUT VALUES
A. First step Value creation
Legal order is not in a position to recognize all human desires at the
same time, thus, problems of preference and basis of choice arise.
In turn, these problems raise the issue of whether there are some human
desires that are better than others.
B. Second step Value clarification
Task of reassessing the worthfulness of human desires in light of their

meaning

importance to society

changing experiences of people.

Sky different interpretation; one is positive optimistic; loves his life;


enjoy to look upon the next day
- other one; have sad views toward the sky; interpret that
negative view, factors.
C. Third step Implementation of those desires which have
become social values
This objective involves two aspects: The Implementation must produce
consistent, compatible and principled results. There is need to develop
programs and the strategies to achieve this objective, then comes the

preparation of options or alternatives especially when there is a variance


between strategies and programs to achieve the social values.
C.1 BASIC SOCIAL VALUES: (1) Power, (2) Knowledge, (3) Respect,
(4) Income, (5) Safety and Health, (6) Liberty, and (7) Equality
These social values embrace the whole of our present-day democratic
preferences for a peaceful world corresponding as they do to actual
desires of the people.
Policy science school of jurisprudence considers there social values as
instrumental in the creation, clarification and implementation of other
human desires.
One hard fact involved in this process is that legal order not in the
position to recognize all human desires at same time, we all have
different desires, right? Because of this, problems of preference and
basis of choice arise. Then, the problems will raise the issue of whether
there are some human desires better than others. In the first step, values
are being created. How? By mere peoples exchanging of human
desires; they affect each others point of view and ideas. Then, the
second step will occur and that is
Value clarification In this process, Task of reassessing the worthfulness
of human desires; FACTORS. In this example, they are both thinking of a
same thing in their own mind, however, they are reassessing the idea;

based on the 3 different factors; for the first one, he is thinking of the sky
as light, positive and looking forward to the next day. We may interpret
that he assessed the idea of life; or his right to life as a very positive one
which these 3 factors probably affected his thinking; whereas for the
other one; his desire to sky is very sad, negative which is the opposite of
the other. We all validate and clarify to ourselves if this human desire that
we ought to have, or take is worthful, based on these 3 factors. If it is
worthful/beneficial to us, then the 3rd step will finally occur and that is
This process involves two aspects for it to be achieved: First,
implementation must produce consistent, compatible and principled
results. In order for this to achieve, there is a need to develop programs
and the strategies.
Right to knowledge by means of education implemented to produce
children with brighter future for the next generation, without the programs
and strategies being done by the State, by their family, by the society, it
can never be established.
Next aspect would be the preparation of options or alternatives esp when
there is a variance bet strategies and programs to achieve social values,
citing my previous example earlier, one good example of options or
alternatives is the ALS, Open University and Home study.