ADR: A Catalyst of Change?
Ruben B. Mila, Jr.
Abstract
Life is nasty, brutish, and short, according to Thomas Hobbes. Men, according to him, are basically “selfish, driven by fear of death and the hope of personal gain.” Thus, by the nature of human design, we seek power to overpower others for survival and self-preservation. In his book entitled, Leviathan, he pointed out that men should be governed by a sovereign and a parliament, whereby men will enter into a social contract to surrender some of their rights to the government for the sake and safety of all. Without a governing body, society would be chaotic in the pursuit of power. Thus, conflicting interests will arise and divide the people in factions which, if not treated in accordance with law and order laid down by the government, would tear the very foundation of the society. Second Paragraph: In the Philippines today, the theory of social contract is no longer transcendental. It is a reality in the perspective of our political system whereby some of men’s rights are surrendered and subject to the least limitable police power of the state. In return, the state protects its people as parens patriae, that is, “the father of his country and the ultimate guardian of all people.”
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Jr., R. (2022). ADR: A Catalyst of Change?. Paulinian Law Journal 2(1), 19โ21.
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