Title: Legal Philosophy for Filipinos
Description: Yesterday, I received the complimentary copies of my book published by Rex Bookstore in Manila entitled Legal Philosophy for Filipinos. The book is dedicated to Baha’u’llah, the prophet founder of the Baha’i Faith, who wrote and commented extensively on global justice, the idea being that mankind has reached a point of maturity enough for it to accept and realize the concept of ‘oneness of mankind’ and the ‘fundamental unity of all the religions.’ But going back to legal philosophy let me share the preface I wrote in the book:

Legal philosophy is not an easy subject to tackle; for that matter, it is not usually in the law students’ top ten list of favorite subjects. I base these observations from my more than seven years of teaching the course. I will cite three reasons why legal philosophy baffled law students in the past, and continues to do so at present among today’s supposedly cyber-smart students: 1) It is not a bar subject; ergo, it must be a ‘minor’ subject, 2) its study does not help bring in one’s first ‘million,’ and 3) legal philosophy is only for philosophers inhabiting cloistered academic ivory towers.

The arguments are misplaced. True, legal philosophy is not a bar subject. But so is legal research, or, strictly, legal writing. All three subjects imbue skills to the bar candidate pervading through in all the eight bar subjects and beyond. Imagine a lawyer who is  deficient in legal research: where would he find his law, and decisions to bolster his argument, not to mention citations deconstructing the fallacies of his opponent. Or a practitioner whose writing skills amounts at best to legal mumbo-jumbo, i.e., one who has no clue how to present his thoughts on paper in simple, grammatically correct and clear terms.     

Legal philosophy equips students with outright skills in questioning, analysis and the ability to look at the facts and law from different viewpoints. The course teaches students how to be broadminded, mindful of the ‘essence’ of the rules rather than merely sticking to their literal signification, for in the end it is the letter that ‘killeth’ and spirit that ‘giveth life’ (2 Cor 3:6).  It urges one to introspect, to be critical even of one’s own beliefs, for one is not always right all the time, and truth may come from anyone –friend or foe- regardless of his or her life status: Light is light in whatever lamp it is shining, to paraphrase Abdu’l-Baha. Thus a linear, one-track kind of mind so dangerously expressed in the way some people act out their religious or political views would be averted.

Granting arguendo that Legal Philosophy is an impractical exercise that does not bring with it dollars or pesos. Yet,  this line of thinking assumes that money is all there is. If one aspires for a career in money-making, then business, not law is apt. The study of law looks into principles beyond wealth or beyond ‘might is right.’ It looks into the determination of our rights under those principles stronger than brute strength or raw power. Among these is the principle of justice and fairness in our dealings with other people. This is an elemental principle whose constant flicker must always reflect in our laws. For without justice society and its rules would redound to tyranny and oppression.

Philosophy is not only for philosophers but for anyone who cares to know and understand. As Will Durant says so much of our lives is spent without meaning, teetering between  ‘vacillation’ and ‘futility.’ This need not be so, as life itself is a gold mine of meaning!  To find that meaning is our ‘meat and drink,’ to quote Browning. Stripped of our non-essential concerns and petty pursuits, deep down there is something in us that yearns to express a deep want: we want to understand. We want to know what it is to be a good person, a good citizen and member of the human society. We want to know how our institutions work for us and how we can in turn help our institutions. We want to follow an ordered life with rules we can obey and respect not only for our generation but for generations to come. Philosophy helps us come to grips with life’s basic questions. Perchance we can come up with tentative answers.
Subjects: Cases, Philosophy, Law, Jurisprudence