PLJ Volume 52 Number 3 - 01 - Onofre D. Corpuz - Academic Freedom and Higher Education - The Philippine Setting P. 265-277 PDF
PLJ Volume 52 Number 3 - 01 - Onofre D. Corpuz - Academic Freedom and Higher Education - The Philippine Setting P. 265-277 PDF
PLJ Volume 52 Number 3 - 01 - Onofre D. Corpuz - Academic Freedom and Higher Education - The Philippine Setting P. 265-277 PDF
D. CORPUZ**
* Paper presented at a Seminar Workshop sponsored by the Philippine Council for Policy Science, January 3, 1977.
** President, University of the Philippines System.
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individuals who by deliberate decision, agreed or covenanted to enter into society. Of course we recognize in this the ingenious but
fictive and no longer reputable social compact theory, without which
an individualist theory of society cannot be possible. In fact the
truth is that human beings never decide to enter society. They are
in society not because they decide to be in it, but because they cannot
be human outside of society. This is to say, human beings are social
by nature, and that their human nature is insepar able from society.
Because of this, I think we must confer primacy not on the individ~U1l, but on the quality of being human, a quality or nature that
is not unique to particular persons, but a quality that is shared
by all. This quality of being human exists in, and is nurtured by,
society. The person outside of society, as Aristotle put it nicely,
is a beast or a god.
The other peculiarity about the Anglo-American view of political society, and of most of the political ideologies that have
created so much human tragedy, is that it views society, as composed exclusively of adult males. All the great propositions in the
well-known political and religious philosophies reflected, and still
mostly reflect, the absurd male chauvinism of pre-modern barbaric
societies. John Locke's pronouncements about the consent of the
people (1689) had nothing to do with a free and democratic society.
Almost two centuries after him women in Britain still could not
own property, or make their own wills, or vote. And the eighteenth
century idea that all men are created equal, it really was limited to
men, and then not even to all men. So we have a view of political
society that is a violation of both modern ethics and nature. How
can a society sustain itself that is made up only of adult males?
Moreover, after gallantly extending the meaning of men to also
include women, how about infants, older children, and young adults?
A view of political society necessarily is a set of propositions on
the system of rights and obligations and relations in the social
order, and to exclude the larger number of human beings from being
reckoned in the membership of the society implies their exclusion
from the outset in society's ordering of political values. We can of
course somewhat soften the ragged edges of this Anglo-American
tradition, to a certain extent, we can effect some cosmetic changes
to align it with modern social policy that has far out-paced constitutional and political philosophy. But the essential and fatal flow
of that tradition remains: it did not begin with a theory of the
nature and origin of human society, whence would be derived a
theory of rights and obligations amongst all the members of society.
The concern of the founders of that tradition was to assert their
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LAW JOURNAL
been the environment of poverty and inequality. An egoistic individual can well afford to tolerate diversity in others, it is very
different to expect a society to tolerate injustice within itself. Sooner
or later we will have to face the question from those whose poverty
we generously tolerate: we tolerate them, but will they tolerate us?
It is this sense of the problem that President Marcos so accurately
identified when he describes the democratic revolution as a struggle
in behalf of the "rebellion of the poor."
The essential purpose of a revolution, in the President's view,
is the transformation of the social order. Thus we regard the New
Society as a promise or program of social transformation. Almost
everything else is secondary. We can change our political system
tomorrow, convert to a cabinet government or what-have-you, and
have elections every week or month until we exhaust and impoverish
ourselves-all would be meaningless if inequality and poverty were
not progressively reduced. How to transform the social order?
The ordering of social relationships; the hierarchy of goods and
values; the production, distribution, and consumption of commodities
and services; are all inextricably interlaced with the values and
interests governing the political order as institutionalized in its
system of rights. Thus social transformation is unattainable without a reordering of the system of rights.
A re-ordering of rights and values. A very simple proposition,
and acceptable to all when it is announced that the re-ordering shall
be on the basis of reason and/or justice, but inevitably, for some,
a very difficult bargain when reason or justice adversely affects
their rights. There was this fellow who was willing, if he had two
million pesos, to part with one million to give to the poor; if he
had two Forbes Park Mansions to give the other t o the needy; if
he had two Cadillacs to donate one to the unfortunate; but if he
had two chickens, would not give one of them away to the hungry,
when asked why?, he simply answered: "Because I have two chickens". It is possible, although only remotely probable that we can be
more generous than this fellow.
Over the cent uries, our perception of the range of rights has
steadily if slowly broadened. Of course I refer to the perception of
the privileged upper classes, and that of some members of the lower
classes who by accident and resolve have achieved an education.
The former have also extended, oftentimes because they had no alternative, t he enj oyment of rights to social groups outside of their
own class. These rights fall into two categories, legally enf orceable, and legally unenforced rights. The first class refers to those
rights which the laws categorically guarantee, and if lost the laws
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possible to identify anybody as legally culpable for denying any fellow human being of his nutrition or job.
Perhaps I push the point too far, Isn't it absurd to advocate that
we establish law professors for proteins and that we employ detectives to go out hunting for violations of the human being's right
to shelter or to a decent and honest job?
I agree that it is absurd for people like you and me.
In the context of the values of our society, the entirety of our experience in trying to get ahead teaches us to get more and more of
what we have and to get what we do not yet enjoy. If priests and
nuns who have taken vows of poverty are concerned with getting
ahead, well, we have taken no vows. If we get a good deal from society,
that is not our fault. We are entitled to steady salaries, honoraria
or per diems for extra work, travel allowances for assignments
outside of station, sick leave and vacation benefits, retirement pay,
and even longevity pay for aging on the job. The poor farmer, he is
not entitled to these. Because we consume more of a wider range
of goals and services, we consume more of the resources of the
nation and the factories that produce for our needs generate pollution which we share with the poor. I suppose all these things are
natural.
What is not natural is how we attribute to or impose upon
the nation, including the poorer classes, the values that you and I
regard as necessary to our class status and life styles. I suppose we
treasure equality so much that we require or presume everybody to
believe in and to support our values. What is not natural is how
we recognize and accept inequality in the consumption of goods
and services, and how we impose a sharing of the costs of our
consumption upon the poor who do not enjoy what we enjoy. This
is the irony of it all. Academic freedom and legal rights are dear
and precious to us. Precisely because they are dear and have value,
they have a cost to society. The cost of maintaining rights and
freedoms includes part of the cost of establishing and maintaining
the schools that teach these rights, of running the law enforcement agencies, the courts and penal institutions. In the public sector alone these costs run into the hundreds of millions of pesos.
And the poor who do not enjoy these values are made to pay a
share in these costs. It is readily a neat swindle.
I hope, but I doubt, that my discussion on a historical perspective of our political and civil rights tradition, which includes
academic freedom was unnecessary. Because of that hope I did not
anymore speak in detail on the history of universities, to which
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academic freedom obviously relates. Suffice it to say that institut ionally, academic freedom derives from the Anglo-Saxon "town and
gown" tradition. In this tradition town respected gown, but of
course this was because the families that controlled town-the arist ocracy and the prelacy-were exactly the families that controlled
gown. It is also obvious that the emergence of middle-class and
lower -class elements in the politics of the community or town automatically thr ust their values and interests into prominence alongside of the values and interests of the upper class.
Thus, if we in this hall assume that academic freedom is a value
and a good, our own recognition of the existence of the lower
classes, and their own political emergence independently of our recognit ion, proj ects other values and goods in society. I suggest,
t herefor e, the wisdom of considering the possibility of a larger net
good for society arising from a shift of emphasis from academic
f reedom and political/ civil rights on the one hand, in favor of those
so f ar legally unenforced rights directly meeting the welfa re requirements of the more numerous and lower income classes in the
community on the other.
The town and gown background of academic freedom is still
relevant to us, although in a negative way. It makes sense to reserve academic freedom to university people when there are no
provident learned, or educated persons outside the university. But
it must be a pathetic university that, after seventy years of academic
operations, has not produced a multitude of graduates, now outside
the university, who by virtue of this intellectual discipline should
safely enjoy equal freedom. It would seem that in the normal order of things, with so many Philippine Universities, there ought by
now to be a large army of educated people in t h e sciences and humanities in the outer community who out-number and are just as
competent and thoughtful as university academics. Conversely, universities, especially those that grant faculty tenure quite early,
must in the course of time accumulate a share of people who are
dangerous because of bigotry or intellectual regression. From all
this it is probably fair to suggest that academic freedom be not
restricted to universities, but be similarly enjoyed by non-university people, in which case academic freedom can be treated as part
and parcel of the freedom of expression enj oyed by the general population that is older than children.
There is also a question of timing. We who believe in the continuing relevance of academic freedom-since nobody would admit
to belief in discontinuous relevance--will have to recognize that its
beneficial consequences on the lower classes are realizable only ulti-
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mately, in the long run. This entails reliance upon some sort of
trickle-down process in the dissemination of good, as well as some
patience in the masses for deferred solutions to their immediate
needs. Alternatively, is it clearly impossible that a greater or earlier net gain for t h e community be derived by giving immediate
priority to the needs of the lower classes and setting aside claims
to academic freedom? The easy answer to this question is that
both the claims of university academics and the masses are not incompatible. Nevertheless, it is not idle to consider many empirical
cases where academic freedom as we know it is categorically subordinated to the basic needs of the masses, and yet the societies concerned not only enj oy improved shelter, food, health, and schooling
than in the Philippines, but have also attained success superior to
ours in science, technology, and industrialization. These cases are
those of the People's Republic of China, the USSR, Cuba, the German Democratic Republic, and a few others. This is not to suggest
that we now ought to adopt these communist models, but it is in
fact a statement that our pre-1972 system and the models it followed are not the only alternatives. We have indeed realized significant and unaccustomed success by non-traditional and Filipinooriented approaches in a crucial sector of our national life, namely
foreign affairs.
At long last I am coming directly to academic freedom. It is
a right provided for in the Constitution, in this wise: "All institutions of higher learning shall enjoy academic freedom". Since
we have a distinguished Supreme Court Justice in this conference,
I will not go into t he law on this matter. Nevertheless, it is important to know that a legal right is guaranteed by law and enforced by government. Thus if a person exercises a right in a manner that is subversive of the legal orda: that guarantees the right,
or in rebellion against the government that enforces the guarantee,
that person should n ot expect enthusiastic protection. In all jurisdictions without exception the exercise of rights in sedition or rebellion
against the system that establishes and enforces those very rights
is limited or frowned upon. Also, the existence of many other rights
in society operates as another limitation on each right, on the wise
rule that the recognition of one right is not a license to injure
other rights. Academic freedom as a legally recognized righ, falls
under these limitations. As the saying goes, an unlimited right, the
exercise of which ha s consequences on others or on the community,
is repugnant to a well-ordered society.
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industries? Will the training and discipline of the university ichthyologist give him insights on the matter that would be superior to those
of a factory worker or employment agency manager? I doubt it very
much, and for this case anyway, the siIviculturist and ichthyologist
already have the right to comment on strikes and lockouts in their
capacity as citizens.
At this point it might be useful to summarize my argument
as tending towards a view of academic freedom in which university
teaching and research, as well as comment and expression by university academics on scientific and scholarly topics which are non-controversial in a political sense are acceptable and unquestioned. On
the other hand, the a rgument suggests that comment and expression
by university academics on topics in areas for beyond their respective
training and specialized disciplines, and on controversial political
issues, should be protected by the general right of free expression
available to the citizenry and not be entitled to the special and additional right of academic freedom.
A few more relatively minor points, and I will be done. For
academic freedom as for free expression, the general consensus is
that there be no prior restraint. What is meant here is obviously external prior restraint. I wish merely to point out that the most effective form of restraint on free expression, and I suspect a very frequent one, is self-imposed restraint. This occurs when people who
believe in something do not express their convictions because they
establish in their minds a risk of adverse consequences to themselves, and then conclude that these consequences will surely happen. The mechanics of this behaviour are clear. The person creates
a world in his or h er mind, and this world which he or she creates
immobilizes and restrains him or her in the real world. Many individuals justify their non-expression by blaming the risk which
they reify in their minds. It is a very convenient alibi or escape
from the reproach of one's peers, and allows the silent academic to
blame the government or the world.
'This behaviour is related to a view that freedom, say the freedom of expression, must be accompanied by a guarantee of immunity
or relief from the consequences of the exercise of freedom. My
view on this is that it entails very awkward premises. In any
society the only individuals who may make utterances or expressions
without being made answerable for the consequences of their actions
are infants, small children, and idiots and insane persons. We cannot treat academics in like manner. They are grown-up boys and
girls and are not under duress or coercion to express themselves.
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