About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


65 Phil. L.J. 30 (1990-1991)
Understanding Law as Social Phenomenon

handle is hein.journals/philplj65 and id is 33 raw text is: UNDERSTANDING LAW , AS SOCIAL PHENOMENON Perfecto V. Fernandez** L Concept of Law as Phenomenon The spheres of scientific knowledge are (1) the sphere of the natural sciences, which encompass non-living things and forces as well as living things, including human beings and (2) the sphere of the sciences of Man or the social sciences which encompass human society and culture in their diverse forms and facets. Law is within the compass of the sciences of Man, or the social sciences, because it is an integral and necessary part and component of human society and culture. There is no known occurrence of a situation in human experience, in which an existent concrete society and culture has been without, or has been free of, law. Wherever and whenever a society and its culture are found, there law is also found, suffusing the entire society as part of its web of culture. Like other components of human society and culture, law is a phenomenon, susceptible of intellectual apprehension with the aid of the human senses, and subject to empirical investigation and scientific description. As discussed below, law is one of the culture forms for the control and regulation of human conduct, be this individual or collective conduct. It is the major instrument of social control in modem as well as in primitive society. It is thus, a subject properly within the science of Culture, specifically, the branch thereof dealing with normative studies. Indeed, a name has been coined for the science of law - general jurisprudence. What should be our concept of law, in order that law will be a phenomenon in the sense above stated, hence, open to, and appropriate for, scientific study? Clearly, such a concept of law must set forth and delineate specific criteria and indicators that will provide empirical *First ROBERTO SABIDO PRorEssoRIAL CAIR LECTURE delivered at the Malcolm Theater, U.P. College of Law. *Professor of Law, University of the Philippines, College of Law; Roberto Sabido Professor of Law and Development.