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Saturday, May 03, 2008

 

LAW AND PHILOSOPHY MATTER(S)
By Atty. Emmanuel Q. Fernando
Terror’s challenge
to the rule of law

 
(I provide below a summary of the paper I will deliver at a multidis­ciplinary conference in Barrie, Ontario, Canada, on May 2.)

The United Nations has long advocated democracy committed to human rights and anchored on the rule of law as the ideal for Third World nations to aspire to and strive toward. To many of the member nations, it signifies that a government has reached political maturity and has emerged from barbarism to civilization. Developed nations, particularly those of the First World, have attained it and hope that developing nations soon follow.

The promotion of this ideal was the avowed intention of the United States when it set its sights further west beyond the Pacific Ocean and ventured into the experiment of colonization. This was its declared mission then as a colonial power; this describes its alleged role and remains its vision now as a world power. The US proclaimed this colonial expansion as its manifest destiny in fulfilling the policy of benevolent assimilation. When the experiment was over, it unabashedly paraded the Philippines to the world as “the show window of democracy” in Asia.

I do not challenge the sincerity of the United States in pursuing the policy even though this is suspect, nor the perceived merit and worth of this ideal, which is in many ways deserved. In fact, I concede its value. I describe it as the desired destination of all developing nations and refer to it as the ideal of a constitutional democracy.

The challenge that present-day terror brings to the rule of law places seriously in doubt whether the Philippines will ever attain the ideal. Instead of progressing toward constitutional democracy, the politics of hypocrisy, division, negativity, intolerance, violence and terror has, ever since the internationally acclaimed people power event known as the EDSA Revolution, increased so alarmingly as to cause the rapid deterioration of its political health. As a result, its medical condition may worsen, perhaps to the point of incurability, if it fails to arrest further debilitation.

Some attribute the cause of the debilitation to the betrayal of the revolution’s proclaimed principles perpetrated by governments after the revolutionary one. I make a more radical claim. The debilitation is nothing but the inevitable consequence of the revolution itself and of the moral and political hypocrisy and corruption that attended, from its conception, its external manifestation and execution.

Terror is politically manifested in two basic ways: in terms of citizen dissent or opposition to government and in terms of government containment or suppression of dissent and opposition. Philippine law, government, politics and society have, since that event, developed in such a way as to turn the rule of law, not just into a sham, but more problematically into an increasingly unattainable ideal.

The Philippine government has progressively relied on extralegal methods of violence and terror to suppress opposition and to ensure survival, while citizens have repeatedly availed of extra-legal methods, including violence and terror, in manifesting opposition to government.

In support of the radical claim, I use a legal and a philosophical framework of analysis, informed by actual events and possessed of practical purpose, in the hope of arriving at a diagnosis leading to a cure. Such a cure aims to reinvigorate the Philippines, through the reform of Philippine law, government, politics and society, to the healthy and vibrant condition of a constitutional democracy.

Fundamental principles or values underlie the assumptions guiding the analysis. There is nothing intellectually suspect in this. This is precisely the method of analytic philosophy which acknowledges that every inquiry must have and be grounded on a philosophically cogent, sound and defensible starting point.

As a philosopher who learns from and adapts the intuitive wisdom of the East and the rigorous logic of the West, my underlying values and principles are essentially spiritual and my proposal for reform depends upon the inculcation of spiritual virtues in the social and political reformer.

I classify spiritual virtues into two: the inward self-realizing ones of solitude, contemplation, purification, surrender and peace; and the outward social and political ones of wisdom, humility, integrity, justice and compassion. By imbibing the inward self-realizing virtues, a reformer exhibits towards others the proper social and political virtues by which meaningful and enduring change can be effected.

The inability of the reformer to develop these virtues inevitably results in disastrous failure. That encapsulates the EDSA revolution. There existed too much arrogance, resentment, indignation, hypocrisy, intolerance, resentment, envy, and hate in its revolutionaries for meaningfully positive change to have borne fruit. Thus emerged the extant debilitation of Philippine democracy, which is dangerously and rapidly deteriorating towards the well-nigh incurable condition of a banana republic.

This is not to deny that there were genuine heroes of EDSA, nuns and civilians who bravely and selflessly sacrificed their lives to avoid bloodshed. That being said, it cannot be denied either that the political leadership and main propagandists of the revolution suffered a woeful dearth of spirituality and compassion. How many heroes of EDSA are villains today?

opinion@manilatimes.net

   
 

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