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The Filipino Lawyer: Guardian of the World
February 23, 2016
While laws generally apply only within the jurisdiction of the enacting authority, laws have always possessed an aspect of universality. As early as the Roman Empire, there had been a clear attempt among jurists to transform their national legal system into one that will cater to the international practice of law. Romans developed jus gentium in response to their growing trade relations with the Greeks. As every law is ultimately anchored upon the universal concept of justice, even countries with opposite spiritual and political concerns have laws which strikingly resemble each other.
The selfsame idea is reflected in our laws here in the Philippines. Justice, in its multicultural sense, has always been the cardinal consideration in the enactment of our laws. In point of fact, many of our laws were patterned after international agreements and conventions. For one, we have Article III or Bill of Rights of our present Constitution, the highest law of the land, which was framed following international standards of human rights. What is more, Article II, Section 2 of our present Constitution likewise expressly declares that “The State xxx adopts the generally accepted principles of international law as part of the law of the land.”
It is not surprising, therefore, that our legal system is being reshaped by the emerging trends of globalization. The world is truly becoming a smaller place. Globalization has made countries accessible to one another. Practice of law here in the Philippines now has transnational reach. It is now the challenge of the Filipino law student to prepare himself not just for the domestic practice of law, but to prepare himself into becoming a universal defender of justice – someone who will respond to the call of justice not just in our land but to the call of justice from every corner of the earth.
As the preparation for the practice of law begins at law school, major is the role of law schools in helping future lawyers surmount this challenge. In response to the changes effected by globalization to our legal system, law schools can adopt programs which will immerse their students in the culture and laws of other countries.
One of which is a foreign exchange of law students. The foreign exchange program may run for one semester or for one whole academic year. It may also be done during the summer so that law studies of the participants will not be interrupted. Through this, both the Filipino law students and the foreign law students can have a better opportunity of learning and understanding the legal systems of each other’s countries.
Another probable response that law schools can employ is the incorporation of the subject Foreign Studies in the law curriculum. In this manner, law students can gain knowledge of foreign legal systems and can better keep themselves abreast of the different legal developments in other countries. While it is true that information about foreign legal systems are already widely available online, subjecting students to rigorous examinations about the subject will better guarantee that they will learn the same than simply encouraging them to check recent foreign legal decisions on the internet. Correspondingly, law libraries should likewise be replete with treatises on international laws so law students can gain a better perspective of the international legal scene. To ensure this, the Legal Education Board can make the availability of reading materials on foreign laws in law libraries a criterion in accrediting law schools in the country.
These are but just few of the many steps that law schools in the country can take in preparing their students for the international legal arena. All of these, however, would be fruitless unless law students internalize the real essence of the legal profession and understand that lawyers are more than the fancy-clad, well-paid elites, but are, in fact, guardians of the world.
*This essay ranked tenth in the Philippine Association of Law Schools Essay-Writing Contest 2014 besting entries from different law schools nationwide.
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The Certificate of Recognition awarded to Ms. Joana May C. Pagurayan
by the Philippine Association of Law Schools. |
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