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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

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 women’s legal rights and recognition in

society.

(Source: Black Law’s Dictionary)

First-Wave Feminism (Early 20 th 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

and to be voted), domestic, and labor equality. • Focused on women gaining civil rights, or

First-Wave Feminism (Early 20 th Century)

A Vindication of the Rights of Woman, Mary Wollstonecraft (1792) first feminist manifesto

Mary Wollstonecraft (1792) – first feminist manifesto “My main argument is based on this principle, that

“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)

“Women’s 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

Focused on women gaining civil rights, including the right to vote

Strong emphasis on education

Second-Wave

Emphasis on social

equality and reproductive

autonomy

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