Non-fraternity contract: A perceived conflict between organizations guarantee of equal protection and the University's academic freedom

Date of Publication

2010

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Commerce Major in Legal Management

Subject Categories

Commercial Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

James Keith C. Heffron

Defense Panel Member

Hilario Caraan
Ryan Quan

Abstract/Summary

Democracy being the whole foundation of our nation, it is imperative that our rights our safeguarded. We have the liberty to enjoy these rights as we please so long as it does not infringe on the rights of others. However, there are tomes that these constitutionality guaranteed liberties overlap with each other and we are faced with a legal dispute of the balancing of two rights and whose will prevail in the hierarchy of things.

This study looks into the Non-Fraternity Contract (NFC) that De La Salle University Manila (DLSU-M) imposed upon its students prior to admission into the university. The legal issue lies in the question of whether or not an impairment of the right of equal protection under the law has been breached by such contract which explicitly withholds recognition from fraternities, sororities and other such organization. The basis of such repudiation of the University being the fact that the constitution has conferred upon them an institutional academic freedom whereby they are free to impose their own terms and conditions within the institution.

In order to acquire substantial data and conclusive results, the researchers have made use of two different frameworks, two very different legal reasoning and philosophy namely, legal formalism & the case study method and legal pragmatism. The variation of results from both schools of jurisprudence is both different and contradicting from each other. The legal formalist theory shows that there has been no impairment of rights and it is the University's right who has prevailed whereas the legal pragmatic approach produced results of the opposite inclination, that there is indeed impairment, and reclassification must be looked at. After careful consideration and thorough analysis by which present-day society will benefit from the most, the researchers have concluded that it is better to take the results through the legal pragmatic framework, the other being too restricted and resistant to change, hence, deterring progress which is society's constant goal.

The researchers recommend that further study into area be engaged in and to explore into other studies that is related to this subject matter-the historicity of the contract, the psychological, sociological aspects and other disciplines applicable. Most importantly, the researchers would like to recommend this study to be given attention to by the proper authorities of the University and take into consideration the points and arguments given and that the researchers are electing for the said contract to be removed not only correct what has been found to be an injustice but for the promotion of a more proactive approach to the pressing societal issue concerning fraternities and hazing.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU19579

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

65, [4] leaves

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