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Wednesday, May 6, 2020

What Law is free essay sample

The dice of fate has been rolled, and each of us has been assigned a role to play. Ours is to keep lighting the beacon-light of unity for those who have lost their way. Ours is to articulate the fervent hope of a people who have suddenly lost their voices. Ours is to adopt the solid stance of courage in the face of seemingly hopeless odds so that hope, no matter how dim or distant, will never banish from sight. † –Sen. Benigno â€Å"Ninoy† S. Aquino, Jr. United Consciousness The 1987 Philippine Constitution was created after the controversial reign of Marcos with his abuse of the 1973 Constitution which imposed the martial law. The people of the Philippines united into one consciousness and revolted against oppression resulting into the EDSA Revolution. During the time of martial law, the Writ of Habeas Corpus was suspended, resulting into many controversial unjust executions, searches and seizures. The military was operating under brute force rule and just as long as the arm of the president finds a reason or even an unfounded suspicion that a person is committing sedition, rebellion, or other political crimes, even without concrete evidence to support such suspicion, then the military shall hastily act and impose grave punishment without regard to due process. We will write a custom essay sample on What Law is? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page These happenings were a clear abuse of the Article 3 Bill of Rights. I believe that the revision of the 1973 Constitution to the 1986 Temporary Freedom Constitution and later revised into the long standing 1987 Constitution is a somewhat reaction to the happenings during martial law. I believe that Article 3 Bill of Rights were revised into a more specific and inviolable form of law in response to the abuses that occurred during the Marcos Regime. Here we can relate that to the Historical and Anthropological Jurisprudence by F.K. Von Savigny that the people of the Philippines rose into a uniting consciousness, hereby the â€Å"Volksgeist† and revolted against oppression and after, imposing a more specific bill of rights. Specially in reference to Section 1 (No person shall be deprived of life), Section 2 (The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable), Section 3 (Freedom of Speech) and so forth. I also believe that it relates to the Sociological Jurisprudence by Eugen Ehrlich that this constitution is the result of the interaction between the state and society. Wherein the state has abused the people and the people retaliated and took over and placed a compromise to the laws imposed by making it more justified for the people. The laws imposed are of the inner order of associations, which were groups of rebels who took the fight against Martial Law. In the end, it is still the people who are in charge of the state. It is will the will of the people that which is expressed in the imposing of new laws or revision of laws. It is evident that at the time of the EDSA revolution there exist the Volksgeist that which imposed the will of the united consciousness of the people. It is also evident this volksgeist was formed because of the interaction of the people and state. Whenever there is abuse, the people will always be the one who would take action no matter what, someone would unite everyone and fight against oppression.

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