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Introduction to Law & Government


Chapter 13 Government & Law

Sociology Society and Culture with family life
under :
Josefino Tulabing "Sir Penn " Larena ,CPS,CPE,MPA

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Chapter 13 Government & Law

  1. 1. CHAPTER 13 “Government and Law”
  2. 2. What is the Sociology of Politics? For a long time people have regulated, controlled, and directed their lives only informally. Since the 15th century some societies have spearheaded to move to evolve formal political systems. Others remain uncommitted to such political systems and adhere to traditional patterns.
  3. 3. The State and Political Systems The concept of the state as distinct from society developed gradually. The need for the state arose when groups within society realized that it was for their own welfare to centralize authority, set up rules for settling disputes, and apply force to maintain obedience and loyalty to the social norms and values of society.
  4. 4. The underlying fabric of authority is ideology. An ideology is a system of values, ideas, beliefs and attitudes that a society or groups within it share and accept as fact; it contains a set of attitudes toward the various institutions and processes of society. An ideology is a set of interrelated beliefs that provide a picture of the world as a whole, that furnish the believer with an image of the world both as it is and as it should it be.
  5. 5. Since Aristotle’s time, the forms of government envisioned by different political Ideologies are autocracy, oligarchy, and democracy.
  6. 6. Autocracy Autocracy is most directly opposed to democracy. It upholds that the government should be in the hands of one individual who has supreme power over the people. Traditional autocracy has been replaced by present day autocracy of rightist and leftist ideologies. Otherwise known as totalitarian, which are based on modern technology and mass legitimating.
  7. 7. Oligarchy Oligarchy is a form of government in which the power of authority resides in the few persons who govern for their own interests. It is also referred to us elitism. C. Wright Mills was a prominent exponent of this view. He believed that the most significant decisions, including those concerning war and peace, are made by a handful of men who represent the corporate rich, the military upper echelons, and the political directorate.
  8. 8. Democracy Democracy is a form of government where there is rule by the people, either directly or through representatives. This grew out of constitutional government. The principles of equal rights and privileges, universal suffrage, and participation in the political process which affect citizens’ lives are features of democratic regimes (Braingart 1976:20). It is generally referred to as “a government of the people, by the people, and for the people”.
  9. 9. Functions of the State *From the family: the state has taken over the provision of protection for home, the formal education of the youth, and the maintenance of public welfare programs for the sick, crippled, feebleminded and insane, the unemployed and underemployed, the widowed and orphaned, the aged, abused, and others. *From the economy: the economy has taken over the resolution of labor-capital disputes, the limitations or regulation of production, distribution and consumption of economic resources, goods, and services, the control of wages prices, taxes, and savings, the operation of research, the allowance for fringe benefits, and others. *From the church: the state has taken over the regulation of the conditions for contracting and dissolving marriages, family planning, the moral of spiritual training of the youth, the provision of relief for the poor, the disposal of the dead, and others. The main functions of the states are the maintenance of peace and order and the regulation and control of the lives of the people. The state is expected to answer the need of the citizenry to a certain degree of social order. The increased complexity of society has caused the transfer of some institutional functions to the state (Aron 1954):
  10. 10. The Social Structure of Politics The state is the formal structure of government. It is the institutions whose functions are carried out by the government. Government is the working active arm of the state which provides social control through its political processes, the laws it establishes and implements, and the work of its agencies. Although individuals and groups that comprise the government change, the state continues to function. The state represents a politically organized society functioning through a government: Whereas, nation is a culture group of people residing within the territory of the political state. The spirit of the nationhood makes a group of people a nation. People unify into a nation through factors such as geographic boundaries (like mountains or bodies of water), commercial ties developed throughout the geographical area, the knowledge of a common language.
  11. 11. The Struggle for Power: Legitimacy and Authority When the power is held by an individual or group not accepted to members of society, the power is illegal and illegitimate. When a government has legitimacy, its laws are followed and its officials respected by a majority of people in the society, regardless for their feelings toward both the laws and the enforcers. Authority is the legitimate possession of power. Power becomes legitimate authority when members of society accept its use as right and proper. The struggle for power includes the acquisition, exercise, and maintenance of power. The political elite are the persons or groups who supply the political leadership in society at a certain time.
  12. 12. In a monarchy, power is inherent in the in the ruler by “divine right.” It is transferred by hereditary succession and exercised for the benefit of both the rulers and the ruled. A change of rulers is brought about by purging members or houses of the royal families.
  13. 13. In an oligarchy, power is held by a small group belonging to the elite class of society. Intrigues among cliques within this class commonly bring about shifts in the power structures.
  14. 14. In a democracy, power is vested in the masses who, in turn, delegate this power to those whom they elect to represent them in the government; such power is exercised primarily for the peoples’ welfare. Those elected maybe removed or retained on the basis of their performance through periodic elections by the masses.
  15. 15. The Foundation of Power
  16. 16. Legitimacy: points out that the state in any country has legitimacy “if and in so far as, its administrative staff successfully upholds a claim to the monopoly of the legitimate use of physical force in the enforcement of its order” legitimacy provides the rationale for what the government does. This may arise from the shared norms and values of the people. Manifested as consensus, it refers to group decision representative of every individual’s wish. Consensus maybe derived formally or informally, unanimously or by majority, through voting, seeking political counsel, patronage, propaganda or public opinion formation. Legitimacy
  17. 17. a. Voting. Consensus through voting is represented by a majority of two-thirds or three-fourth of all votes. Voting implies the stipulation on who are qualified to vote, how potential voters are contacted and encouraged to exercise their right of suffrage, what they are to vote on why and how they are to vote. b. Political counseling. When source of public information are prejudiced and loaded with emotional appeal, partial truths, and total lies, the electorate tends to seek the opinion of knowledgeable, trustworthy, respected persons or groups.
  18. 18. c. Patronage. Consensus attained through patronage involves networking ingratiating personal favor such as referrals, recommendation, jobs, contracts, services, and so forth in exchange for personalized gifts, entertainment, vacations, reduced prices, “kickbacks” and other goods and services. Consensus is imposed by the patrons. d. Molding of public opinion. Public opinion maybe based on gossip, rumor, folk knowledge, superstitions, or propaganda through the mass media. Ghost writers, press relations officers, propagandists, and “think tanks” can build or destroy public images and mold public opinion. One economical, instant, reliable technique developed for predicting the trend of public opinion is the public opinion poll.
  19. 19. Authority: Legitimized and institutionalized power in a society is authority. It is related to a social status and is accepted as proper and justified by all the members of the political community.
  20. 20. a. Traditional Authority: This is legitimized power that is handed down from the past. Authority assumes “sacredness.” It is accepted because of the force of tradition, the way things have always been done. b. Legal-rational authority: The bureaucracy is the end result of the legal-rational systems of authority. Social roles in here in a status in the organization and the accompanying power are also limited by the social organization. “The rule of law,” not a sense of loyalty to an individual nor a sentimental attachment to a tradition, is the basis for behavior. Power resides in a social position and role than in a specific individual. c. Charismatic: This type of authority rests solely on the “gift of grace”. It is based on the leader’s possession of an ability to attract and win followers, his ability to perceive and verify this for himself and for other. However, such authority has no specific set of rules to direct behavior, provides no measure of competence, lacks a stable social organization, and does not allow for the development of routine or regimentation. It may not persist over a long period of time unless it develops into either a traditional or legal-rational type of authority. It may provide good or bad leadership.
  21. 21. Influence Influence: this element of powers refers to the total means that a person has on hand to bring about the results he or she desires in a decision-making situation. It inheres more on the individual than a position. It may arise from one’s incumbency in a formal office, expertise, wealth, prestige, personal characteristics or traits and others.
  22. 22. The Power Elite
  23. 23. The political elite may desire, acquire, exercise, and maintain power as ends in themselves, and as a means for achieving the ends for which they are intended. Being subject to abuse and misuse, power should be limited through the following ways: 1. Theory of checks and balances – the establishment of political sub- system which are on equal level; 2. Political pluralism – the maintenance of the two-party systems, the use of the countervailing force of different power blocs, vested interest and pressure groups; 3. Popular sovereignty – the exercise of voting, referenda, rights of assembly, petitions, demonstration, and other civil rights; Theories on a supreme law or the “martial law”; and 4. Human factors – psychological, social, and cultural patterns prevalent in a society at a given time.
  24. 24. Philippine political institutions have undergone experiences of tribalism, conquest, colonization, unification, centralization, revolution, decentralization, war, liberation, independence, and nationalization. They have been Sinonized, Hispanized, Americanized, and more recently, Filipinized. Leadership has at one time or another been traditional, charismatic, and legal-rational.
  25. 25. Making, Interpreting , and Enforcing Laws Legal, quasi-legal, and extra legal forces have competed and conflicted in the making, interpreting, and enforcing of laws in the Philippines (Villanueva etc. Al 1966; Alfred 1962; Formalino 1960; Olivar 1966).
  26. 26. Marcosand the Martial LawEra Ferdinand Marcos, who governed the Philippines as President from 1965-1984 is deemed by some as the skillful politician this country has ever produced. Some believed for sometimes that he was the only other option to the communist. Marcos tried to win popular support by initiating some healthy changes. In rice and corn region, reform was pushed beyond mere land redistribution to helping small farmers to be more productive. By 1972, the Philippines finally obtained self- sufficiency in rice production and no longer had to import rice.
  27. 27. Post Marcos Politics The government of Marcos was removed by extraordinary means in February 1986 by “People Power”. A representative government was reestablished in the 1987 congressional election and in the 1988 municipal elections. The framework of the “transition” politics fostered the mood and vision of the emerging non-political groups and various electoral parties. The new president’s (Corazon Aquino) enormous popularity affected political outcomes significantly. While new personalities with no former national background made breakthroughs into the congress, the election for the house and local government units enabled the return to power of individual from traditional political families landed elites, many of whom were reject of the “anti –oligarchy” period of the Marcos dictatorial regime (David and Okamura 1992).
  28. 28. Coup d’etat, Philippines Experience Many Filipinos had naively assumed that Marcos’ ouster would quickly solve their problems. But the social-economic conditions of the people worsened as the struggle for political power intensified in the period immediately after the Marcos regime. President Corazon Aquino faced seven coup attempts by rightist elements during her term. The David Fact Finding Commission report (The Philippine Star 1990) analysis the causes, the events that triggered, the participants, the finding and recommendations avert the recurrence of the coup attempted.
  29. 29. Participants who openly admitted involvement volunteered the following reason: 1. Failure of the government to deliver basic services, particularly in the rural areas: 2. Grafts and corruption 3. Grandstanding of politicians, unfair criticism and humiliation of people by politicians. 4. Bureaucratic inefficiency which exacerbates the alienation and poverty of the people; 5. Poor unsupportive military leadership manifested by functionalism tayo-tayo system and inadequate financial logistic support for the soldier in the field. 6. Lack genuine reconciliation. 7. Unjust handling of human rights violation committed by the military and the CPP/NPA; 8. Absence of good government; 9. Weakness in dealing CPP/NPA and left-leaning elements; and 10. Failure of the civilian leadership to effectively address economic problems. The above responses imply that the government t to be installed by the coup d’ tat will minimize or resolve all the deficiencies of the current government.
  30. 30. Coup participants were compelled either by personal motives or institutional factors. Several levels of motivation were identified as follows: 1. For the inner circle of RAM splinter group of the RAM/HF and its recruits – a continuation of their original plan in 1986 to take power for themselves which evolved from a desire to reform initially within the military (i.e. Honasan, Batac, Kapunan, Turingan, Lucas, Legaspi, Malajacan, Purugganan) 2. For the Marcos – Ver loyalist forces (Loyalist) – to regain the power and privileges enjoyed during the Marcos regime and to repay past favors - utang na loob - by honoring a commitment” to help when called up (i.e. Zumel, Tecson, Oliveros, Pizarro, Gojo); 3. For the high ranking military officials – ambitions which cannot be realized within the existing chain of command (i.e. Comendador, Abenina, Calajate); 4. For some senior officers and many junior officers – deference to peers, supervisors, or mustaka – pakikisama (de la Pena, Calimag, Panelo) the attraction and excitement of a conspiracy that promises windfall gains in power and career opportunities (Fusitero), career “insurance” of who wins, the military establishment will continue as before with no apparent stake in the form of structure of government. Thus, maintaining the network of camaraderie is more important to a career than taking a definitive stand against the coup; and 5. Misguided idealism or an expression of sympathy for “valid cause ( i.e. Gregory Ramos, Tomas, Ong)
  31. 31. Officers who fought for the government cited the following causes of the coups. 1. Obsession with power which they thought they had was but handed over to Corazon Aquino in February, 1986; 2. A desire by coup leaders to regain privileges enjoyed during the Marcos administration and the prospect of possible power of financial gain in the process; 3. Personal grievances and perceived “dead end” in career path; 4. Strong fraternal ties, with origins dating back to PMA days; 5. Naïve idealism, particularly in the part of younger officers; 6. A messianic complex.
  32. 32. To avert such crisis, the Commission recommends on a long term basis the following; 1. Love of country as the highest value: the system of the public and private education is in need of legislative overhauling to assume the responsibility in value formation and molding of personality attuned to the love of the country as the highest value. This will necessitate the involvement of the family, the church, and all the other institution and individuals who will impart and reinforce this value. 2. Social justice: the inequalities of wealth and power in the stratification system also need to be addressed so that the society in general is not vulnerable to political manipulation. 3. Citizen army: complete implementation of the citizen army concept, the rise of a small modernized, professional military in a democratic society delinked and devoid of all colonial vestiges. 4. The constitution: to test the relevance of the constitution by implementing its basic provisions, especially on the diffusion of wealth and political power and on economic progress with equity. 5. Choosing democracy: if the people must choose democracy, peaceful and orderly change, both societal and political, necessitates that all the contenders in the political arena to agree to use the ballot and forego the bullet to pursue peace, progress, social justice and nationhood.
  33. 33. GODBLESS.
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Sociology Society and Culture with family life under : Josefino Tulabing "Sir Penn " Larena ,CPS,CPE,MPA


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