Philo Argument

8/8/2019 Philo Argument

http://slidepdf.com/reader/full/philo-argument 1/6

MARRIAGE CONTRACT EXPIRATION PROPOSAL SHOULD NOT BE PASSED AS A LAW

Agatha Cristy V. dela Cuesta

PHILOSOPHY I

MHD1

Reynaldo Imperial



Introductory

The Filipino family is acknowledged as the basic unit of society and it cannot be denied that

marriage is the foundation of most Filipino families. Marriage and families cannot be treated

separately and impose policies on one and not think about the other. President of the 1-Babae

Astig Aasenso (1-ABAA) party-list group, Margie Tajon suggests that the proposal for 10-year expiration on Marriage would strengthen marriage and not destroy it. Tajon said in an interview

at ANC, that this would allow couple to reassess the status of their relationship. One of her

arguments states that it would benefit incompatible pairs who would have to undergo a tedious

and lengthy process to annul their marriage.

I. Examine the Statement of the Policy

Policy statement: Marriage contract expiration proposal should not be passed as a law

A. The conclusion contains empirical concepts in the evaluative proscriptive form µ should not ¶.

B. The term µ Marriage¶ refers to a social union or legal contract between people that creates

kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, areacknowledged in a variety of ways, depending on the culture or subculture in which it is found.

Such a union, often formalized via a wedding ceremony, may also be called matrimony.

C. The term µcontract expiration¶ refers that the agreement made is bound to be ended on a

specified time. It also means termination of contract, it is something to do for it to simply

happen.

D. The term µproposal¶ is basically document that explains your project in detail, in addition

with the strategy and tactics you plan to do to attain its completion.

E. The term µlaw¶ , in general, a rule of being or of conduct, established by an authority able to

enforce its will; a controlling regulation; the mode or order according to which an agent or a

power acts.

II. Analysis of the Claim of the Conclusion

A. The claim of the policy is not passing the proposed law that marriage contract should have

expiration just like any other contract. Husband and wife should have the authority to end their

marriage not the contract they signed to force them to end.

Em pirical Assum ption no. 1

Philippines have its own way to end marriages. Annulment is a legal procedure for declaring a

marriage null and void. It is usually retroactive, meaning that an annulled marriage is considered

to be invalid from the beginning almost as if it had never taken place.



Em pirical assum ption no. 2

Almost all, if not all, other countries have divorce law which they use to end bad marriages.

Divorce is merely a process of unmarrying people who have been married. It is an official

recognition that their marriage is a failure therefore has more for terminating than continuing.

(Source: Marriage and the family, 1953)

B. The course of action of the policy is not forcing married husband and wife to end or break

their marriage without their consent. Religious and cultural aspect regarding marriage would be

conserved and preserved.

C. Required Justification

1. Deontological Justification

The nature of the act alone is good, right or just itself, without considering the consequence of

the act by offering the moral principle that the act is instantiation of. Without forced marriagetermination, civil right claim is conserved and the moral from the point of view of religion is also

right. Executive No. 209 or The Family Code of the Philippines, chapter 2² Marriages

Exempted from License Requirement¶² is considered with prior to the proposed policy.

2. T eleological Justification

If marriage expiration is not passed as a law then families, especially husband and wife, will notworry about their marriage termination. They won¶t need to legalize their contract again and

again after they signed it once. The policy is also moral based on the evaluative claims aboutmarriage. It will benefit the greatest number of population especially the people who do not have

the capability to legalize their marriage because of money matters etc.

3. The claim of the policy is in the realm of the known, it is provable and it can produce evidencein support of knowledge claims.

III. Compose the Argument

Conclusion: Marriage contract expiration proposal should not be passed as a law

Premise Set:

1. In a culture where marriage is still a commitment for life, it will be hard to change attitudes.

According to current Catholic legislation governing marriage, µThe essential properties of

marriage are unity and indissolubility; in Christian marriage they acquire a distinctive firmness

by reason of the sacrament¶.



2. When a driver¶s license expires, a person could not drive a vehicle until the person renews

their license. Applying this to the proposal, let¶s say the marriage license expired on Jan 1 and

would be renewed on Feb 1, so that mean a married person is good as single during those days

that the marriage is expired.

3. According to a congressman, to give marriage expiration is also to give families expiration. Itwill be risky to open Philippine Society to the mindset that marriages and families have a

predetermined end. While proponents may argue that the contract is renewable, the fact that

when you enter into marriage when you already know it will expire at a certain date, it already

affects the way society will look at marital unions.

IV. Meta-Cognition ± Criticize the Argument

A. Scrutinize the Conclusion:

1. There is nothing wrong in the way the policy was written and I cannot perceive any intended

or unintended bias in the policy statement.

2. The definition of the key terms are neutral and uncontroversial.

3. In the view of the above, there is no need to revise the statement of the policy.

B. Scrutinize the Premise Set:

1. There is no duplication in the premise set.

2. There are also no conflicting or contradictory premises.

3. Premise 2 makes an empirical claim that during the time span that marriage has expired then

the couple will be known single by the society.

4. There is no premise in the premise set that offers no support to the conclusion.

5. If the entire premises are accepted at their face value, the set is quite sufficient to establish the

claim of the conclusion somewhat strongly with or without the need for additional premise.

6. The best reason that could be produced to support the policy is to demonstrate the claim of

premise no. 2 that µWhen a driver¶s license expires, a person could not drive a vehicle until the

person renews their license. Applying this to the proposal, let¶s say the marriage license expiredon Jan 1 and would be renewed on Feb 1, so that mean a married person is good as single during

those days that the marriage is expired¶ this claim should be supported by evidence and cannot

simply be asserted.



7. There is no question that the moral premises enjoy a strong inter-subjective consensus as

articulated in Premises no. 1 and 2.

8. The proposed course of action of the policy is an act that is good in itself. It is a genuine

instantiation of the moral obligation to conserve and protect our family, marriage act and culture.

9. On its face value, the policy is supported by a strong teleological argument. The projected

beneficial and avoidance of aversive consequences are likely to occur.

10. Challenging the premises

a. In a culture where marriage is still a commit ment for life, it will be hard to change attitudes.

According to current Catholic legislation governing marriage, µ T he essential properties of

marriage are unity and indissolubility; in Christian marriage they acquire a distinctive fir mness

by reason of the sacrament¶.

Comment: I agree with the premise. In the eye of God and of the culture, where the union of marriage is done, it will be hard to change what is going for many years now. What God has

joined in marriage, no man can separate.

b. When a driver¶s license expires, a person could not drive a vehicle until the person renews

their license. Applying this to the proposal, let¶s say the marriage license expired on Jan 1 and

would be renewed on Feb 1, so that mean a married person is good as single during those days

that the marriage is expired.

Comment: Just like what is stated on the premise, what will happen during the time the marriage

has expired? Would the couple be again single until they renew their marriage? It is kind of a

controversial issue since the policy is not yet done here in our country.

c. According to a congressman, to give marriage expiration is also to give families expiration. It

will be risky to open Philippine Society to the mindset that marriages and families have a

predeter mined end. While proponents may argue that the contract is renewable, the fact that

when you enter into marriage when you already know it will expire at a certain date, it already

affects the way society will look at marital unions.

Comment: I certainly agree with the premise. Family is the basic unit of the community where

marriage is its foundation. T his will affect not only the husband and wife but also their children

and relatives.



V. Compose the Counter Argument

Conclusion: Marriage contract expiration proposal should be passed as a law

Premises:

1. Two parties could just specify in the licence as to how and when it should be renewed.

2. According to the President of the 1-Babae Astig Aasenso, ³Marriage annulment cases are

clogging up our courts and we have to find a means to address the problem´. There were 8,000

annulment cases reported in 2008 according to the Solicitor¶s general¶s office. And there are still

more being deliberated in courts.

3. Many other states already do have expiration dates on marriage licenses. Once the license is

issued, the couple has so many days to actually get married. It varies by state. If they don't get

married in that time frame, then they have to have a marriage license reissued.

4. It can be a way to keep marriage partners on their better behavior, and appreciate what they

have in their partner, and take some responsibility each of them for nourishing and tending the

marriage. Just like a garden, if it's not fed and watered, it dies and stops blossoming.

VI. Evaluate Both Arguments

A. Both arguments appear to have equal strength.

B. The original argument µMarriage contract expiration proposal should not be passed as a law¶

is more persuasive and likely to be accepted by the public. The moral ground which the

argument rest is solid and seems unassailable.

C. The strength of both arguments appears to be balance. There is no need to add, alter and/or

modify premises.

D. The counter-argument µMarriage contract expiration proposal should be passed as a law¶ is

more difficult to implement because the Family code, civil right issue and moral code need to be

revised in order for it to be implemented.

References:

1. wikipedia.com- Definitions

2. allvoices.com- blogs

3. wordpress.com- oppose marriage contract expiration

4. Marriage and the family, 1953

Documents

Philo Argument