I was recently approached by the national human rights institute of our country to deliver a presentation on the role of human rights in legislation. If there’s one crucial message I want to communicate, it’s this: being a lawyer doesn’t automatically make you a good lawmaker. At first glance, this may seem like a perplexing idea since both professions deal with the law. But there are significant differences between making the law and using it.
During my research stay at Harvard, I had the opportunity to experience the contrast between law and public policy firsthand. As a visiting scholar, I attended classes in both the law school and the school of governance (Harvard Kennedy School). It was fascinating to ask the same questions in each school and observe the contrasting answers. The law school focused on administrative processes and established standards, while the school of governance emphasized political will and the spread of norms. One school highlighted positive structures, while the other examined negative spaces.
To illustrate this further, let’s consider a famous example of optical art called “Rubin’s vase.” This artwork presents an image of a white-toned vase against a black canvas. Depending on how you perceive it, you can either see the vase itself or two faces formed by the surrounding dark spaces. What do you see?
As lawyers, our training leads us to focus on the positive space – the structures that are already in place. We spend years studying statutes, regulations, and legal precedents to understand the rules of our society. When we look at Rubin’s work, we see the distinct vase, for what else is there outside of it but darkness and chaos?
However, lawmakers have a different perspective. Their attention is drawn not to the established structures, but to the empty spaces that need to be filled. While lawyers see Rubin’s vase, lawmakers see Rubin’s faces. The legal profession operates within existing frameworks, while the process of legislation explores uncharted territory. It is in the legislative process that policies and principles solidify into law.
Although law and policy are distinct fields, they are interconnected. We can no longer conceive of the legal field as separate from the realities of society. The recent presidencies in the Philippines, from Rodrigo Duterte to Ferdinand Marcos Jr., have demonstrated that legal systems cannot be detached from political influences. In a praetorian state like ours, democratic institutions are undermined by political forces. Therefore, the goal should be to embrace the intertwined nature of law and politics, leveraging the strengths of both.
We need to reconsider the roles of lawyers and lawmakers alike. Both are less about the law itself and more about establishing and maintaining legal order. This distinction is crucial. Politics should not hinder legal order, but legal order should not be limited to the confines of legal text. Whether we perceive Rubin’s vase or Rubin’s faces, the contrast between light and dark, law and politics, creates a holistic image. On the canvas of life, one cannot exist without the other.
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