Philosophical Foundation of Criminology

THE PHILOSOPHICAL FOUNDATION OF
CRIMINAL JUSTICE
Topic:
Law and Legal System as a Protection and or

Oppression Mechanism by the State
ROLITO U OROSCO
PHD. CRIM CANDIDATE
DR. ESTELITO A. DELA CRUZ JR.

PROFESSOR
August 31,2019
SEQUENCE OF PRESENTATION
 INTRODUCTION
 BODY OF THE REPORT/DISCUSSION
 FINDING/CONCLUSION
 RECOMMENDATION
INTRODUCTION
Discuss broad understanding of what is law
and legal system;
Identify the differences between the legal

systems used in civil law and common law
countries;
Identify the values protected by laws;
Determine why important for rights to be

above law;
Define what is the rule of law and how can it be

guaranteed;
Continuation ….
 Conclude why legal system can be used

for protection by the state and the people
how government exploit the system to
oppress certain group of people; and
Recommend the output of the study.

II. BODY OF THE
REPORT/DISCUSSION
Law and Legal System
There is broad understanding of what law is and of

what law should be. Laws and legal systems differ
worldwide.
In most nations or countries, law is a system of
rules that are created and enforced through social or
governmental institutions to regulate behavior.
 Legal system refers to a procedure or process for

interpreting and enforcing the law. It elaborates the
rights and responsibilities in a variety of ways.
Civil law and Common law
 Civil Law  Common Law
is generally traced back to the The original source of the
code of laws compiled by the common law system can be
Roman Emperor Justinian traced back to the English
around 600 C.E. Authoritative monarchy, which used to issue
legal codes with roots in these formal orders called “writs” when
laws (or others) then developed justice needed to be done.
over many centuries in various
countries, in common law countries, case
law — in the form of published
 in civil law systems, codified judicial opinions
statutes predominate.
Also known as Anglo-American
 The primary source of law Law, the body of customary law
 general law that

governs family and property
relations in the Philippines.
Roles of a Lawyer and Judge in Each System
 CIVIL LAW  COMMON LAW

 In civil law countries,  As in common law
judges are often described systems, however, their
as “investigators.” They tasks commonly include
generally take the lead in advising clients on points
the proceedings by of law and preparing legal
bringing charges, pleadings for filing with
establishing facts through the court.
witness examination and
applying remedies found
in legal codes.
Pivali Syam 2014

In contrast, in a common law country, lawyers make
presentations to the judge (and sometimes the jury)
and examine witnesses themselves.
The proceedings are then “refereed” by the judge,

who has somewhat greater flexibility than in a civil
law system to fashion an appropriate remedy at the
conclusion of the case. In these cases, lawyers
stand before the court and attempt to persuade
others on points of law and fact, and maintain a very
active role in legal proceedings.
The values protected by laws
Human rights
Rights inherent to all human beings, regardless

of race, sex, nationality, ethnicity, language,
religion, or any other status. Human rights
include the right to life and liberty, freedom from
slavery and torture, freedom of opinion and
expression, the right to work and education, and
many more. Everyone is entitled to these rights,
without discrimination.
The Rule Of Law
One of the ideals of our political morality

and it refers to the ascendancy of law as
such and of the institutions of the legal
system in a system of governance.
The rule of law is a durable system of laws,

institutions, and community commitment
that delivers four universal principles:
The Rule Of Law
The rule of law is a durable system of

laws, institutions, and community
commitment that delivers four
universal principles:
Universal Principle of the Rule of Law
 Accountability
Accountability
 Just Laws Just Laws
The
Open
The government
Government as well as private
Thelaws are clear,
processes publicized,
by which the laws areand
enacted,
actors
stable; areapplied
are
administered, accountable
evenly;
and enforced under
areand thefair,
protect
accessible,
Accessible
and efficient. &
 Open Government
law.
fundamental Impartial
rights, including Dispute
the
Resolution
security of persons and contract,
Justice is and
property, delivered
human timely by competent,
rights.
 Accessible &
ethical, and independent representatives
Impartial Dispute
and neutrals who are accessible, have
Resolution
adequate resources, and reflect the
makeup of the communities they serve.
These four universal principles
constitute a working definition of the
rule of law. They were developed in
accordance with internationally
accepted standards and norms, and
were tested and refined in consultation
with a wide variety of experts
worldwide.
Oppression and its Types
Oppression
 a social act of placing severe restrictions on

an individual, group or institution. Typically,
a government or political organization that
is in power places these restrictions formally
or covertly on oppressed group so that they
may be exploited and less able to compete
with other social group. (Baker 2014)
Kinds of Oppression
 Violence
TheThe
act
The most
of act ofobvious
relegating and avisible
or confining
using people’s group
laborsoftoform
of oppression.
people to a lower
produce social
profit Members
standing
while of limit
or outer
not compensating some or
 Exploitation edge of society. Overall, it is a process of exclusion.
groups
them
involves live
fairly.
Marginalization
with
The
taking
is in the
the
action
someculture
knowledge
or act
ways worse of of
the that
treating
than ruling
someone
class and
exploitation unfairly
they must infear
establishing
because order
society ithas
asto
thebenefit
random, thatfrom
norm.
decided itThe
 Marginalizationcannotgroups
or will not
unprovokedthat their
usehave work
these people in
attacks
power even
on for labor.
their
society
Most commonly, people are marginalized based
control how the people in that society
upon race. persons or property.
 Cultural Imperialism interpret and communicate. Therefore,
the beliefs of that society are the most
widely disseminated and express the
experience, values, goals and
achievements of these groups.
CONCLUSION
 That the legal system can be used as protection

of the state and people if it is properly implemented
without fear and favor. Law should stand above
every powerful person and agency in the land.
That legal system can be exploited only by the

government to oppress certain group of people if law
enforcers tolerate the ruling party or the majority to
manipulate them and used them as an instrument to
oppress certain groups or the minority.
RECOMMENDATION
 Implement the “rule of law” (boost law above

politics) not the “rule by law” (connotes the
instrumental use of law as a tool of political power)
Citizens should respect and comply with legal norms,

even when they disagree with them. When their
interests conflict with others’ they should accept
legal determinations of what their rights and duties
are.
 Law should be promulgated as public knowledge
so that people can study it, internalize it, figure out
what it requires of them, and use it as a framework
for their plans and expectations and for settling their
disputes with others.
Legal institutions and their procedures should be

available to ordinary people to uphold their rights,
settle their disputes, and protect them against abuses
of public and private power.
Thank You
Have a Good Day!!!

Philosophical Foundation of Criminology

Uploaded by

Copyright:

Available Formats

Philosophical Foundation of Criminology

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Philosophical Foundation of Criminology

Uploaded by

Copyright:

Available Formats

THE PHILOSOPHICAL FOUNDATION OF

Law and Legal System as a Protection and or

DR. ESTELITO A. DELA CRUZ JR.

Identify the differences between the legal

Identify the values protected by laws;

Determine why important for rights to be

Define what is the rule of law and how can it be

 Conclude why legal system can be used

Recommend the output of the study.

There is broad understanding of what law is and of

 Legal system refers to a procedure or process for

 general law that

 CIVIL LAW  COMMON LAW

Pivali Syam 2014

The proceedings are then “refereed” by the judge,

Rights inherent to all human beings, regardless

One of the ideals of our political morality

The rule of law is a durable system of laws,

The rule of law is a durable system of

 a social act of placing severe restrictions on

 That the legal system can be used as protection

That legal system can be exploited only by the

 Implement the “rule of law” (boost law above

Citizens should respect and comply with legal norms,

Legal institutions and their procedures should be

You might also like