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OUTSIDER

JURISPRUDENCE
By Adi Lim
Outsider Jurisprudence
It is concerned with providing an analysis of
the ways in which law is structured to
promote the interests of white males and to
exclude females and persons of color.
Critical race theory is concerned to point up
the way in which assumptions of white
supremacy have shaped the content of the
law at the expense of persons of color.
Feminist Jurisprudence
FEMINIST
JURISPRUDENCE
By Adi Lim
The Century of Women
What is Feminism?
Feminism is a movement that campaigns for
women's rights and interests.
The doctrine advocates social and political
rights for women equal to those of men.
Feminism has changed traditional perspectives
on a wide range of areas in human life, from
culture to law.

(Source: https://definitions.uslegal.com/f/feminism/)
What is Feminist Jurisprudence?
It is a branch of jurisprudence that examines
the relationship between women and law,
including the history of legal and social biases
against women, the elimination of those
biases in modern law, and the enhancement
of womens legal rights and recognition in
society.

(Source: Black Laws Dictionary)


First-Wave Feminism (Early 20th Century)

Suffragettes gained
ground for political (to
vote and to be voted),
domestic, and labor
equality.
Focused on women
gaining civil rights, or
rights as full citizens
First-Wave Feminism (Early 20th Century)

A Vindication of the Rights of


Woman, Mary Wollstonecraft
(1792) first feminist
manifesto
My main argument is based
on this principle, that if she be not
prepared by education to become
the companion of man, she will stop
the progress of knowledge and
virtue; for truth must be common to
all.
Second-Wave Feminism (1960s 80s)

Womens Liberation or Pro-choice feminism


Emphasis on social equality and reproductive
autonomy through the right to free love
Feminists questioned the need for men,
marriage, and family
Rallied for divorce and lesbian households
Encouraged access to contraception,
sterilization, and even abortion so women can
choose to be completely free of motherhood.
Second-Wave Feminism (1960s 80s)

Parodied beauty pageants that reduce women


into objects of male fantasy
Objected to in-vitro fertilization
Critics say that it brought death to male
chivalry and commitment to family since
women are now expected to deal alone with
their pregnancies, exercise their reproductive
rights, and earn their keep without a man in
the family.
Third-Wave Feminism (began in the 90s)

Emphasizes female empowerment or girl-


power feminism
Feminists value differences and diversity
among sexes and among women themselves
Recognizes scientific studies that point to
fundamental, biological, psychological, and
emotional differences between men and
women
Three Waves in a Nutshell
First-Wave Second-Wave
Focused on women gaining Emphasis on social
civil rights, including the equality and reproductive
right to vote autonomy
Strong emphasis on
education
Third-Wave
Emphasizes female
empowerment or
girl-power
feminism
Under the Philippine Constitution

Article 2, Section 12. The State recognizes the


sanctity of family life and shall protect and
strengthen the family as a basic autonomous
social institution. It shall equally protect the
life of the mother and the life of the unborn
from conception. The natural and primary
right and duty of parents in the rearing of the
youth for civic efficiency and the development
of moral character shall receive the support of
the Government.
Under the Philippine Constitution

Article 2, Section 14. The State recognizes the


role of women in nation-building, and shall
ensure the fundamental equality before the
law of women and men.
Philippine Laws
Women in Development and Nation Building Act
of 1992
Anti-Rape Law of 1997
Anti-Violence Against Women and their Children
Act of 2004
Solo Parents Welfare Act of 2000
Magna Carta for Women in 2009
Responsible Parenthood and Reproductive
Health Act of 2012
Bibliography
Black, H. C., Nolan, J. R., & Connolly, M. J. (1979). Black law
dictionary: Definitions of the terms and phrases of American
and English jurisprudence, ancient and modern. St.Paul,
MN: West Publ. Co.
Hima, K. (n.d.). Philosophy of Law. Retrieved May 25, 2017,
from http://www.iep.utm.edu/law-phil/#SH3d
Legal, I. U. (n.d.). USLegal. Retrieved May 25, 2017, from
https://definitions.uslegal.com/f/feminism
Pascual, C. (2003). Introduction to legal philosophy. Quezon
City, Philippines: U.P. Law Center.
ENVIRONMENTAL
JURISPRUDENCE
By Arlen Pueblo
Article 2 Section 16 of the Constitution

The State shall protect and advance the right


of the people to a balanced and healthful
ecology in accord with the rhythm and
harmony of nature.
Minors Oposa v. Factoran

Plaintiffs filed a class action law suit on behalf of


their children and future generations, asking the
Court to order the government to cancel all
existing timber license agreements in the
Philippines and to stop issuing new licenses.
The Court clarified that the environmental right
in the Constitution, although falling under the
section dealing with State policy, is nonetheless a
legally enforceable and self-executing right with
correlative State duties.
Metropolitan Manila Development Authority v.
Concerned Residents of Manila Bay

A case regarding the clean-up, rehabilitation and


protection of Manila Bay
the Court reaffirmed the far-reaching scope of
the environmental right in the Constitution,
stating that the right to a balanced and
healthful ecology need not even be written in
the Constitution for it is assumed, like other civil
and political rights guaranteed in the Bill of
Rights, to exist from the inception of mankind
and it is an issue of transcendental importance
with intergenerational implications.
Philippine Laws in Protecting the Environment

Republic Act 8749 (Philippine Clean Air Act)


Is a comprehensive air quality management policy
and program, which aims to achieve and maintain
healthy air for Filipinos.
R.A. 9729 (Climate Change Act of 2009)
An act mainstreaming climate change into
government policy formulations, establishing the
framework strategy and program on climate
change, creating for this purpose a climate
commission, and for other purposes.
Philippine Laws in Protecting the Environment

R.A. 9275 (Philippine Clean Water Act of 2004)


An act providing a comprehensive water quality
management and for other purposes.
R.A. 9003 (Solid Waste Management Act of 2001)
An act providing an ecological solid waste
management program, creating the necessary
institutional mechanisms and incentives, declaring
certain acts prohibited and providing penalties,
appropriating funds therefore, and for other
purposes.
Philippine Laws in Protecting the Environment

President Corazon Aquino promulgated on June


10, 1987 E.O. No. 192 Section 4

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