A Division in Law

There is a division in the law everyone should know. This post is an overview of this law section. And I quote...

A Division in Law

      "Today,  there are two great systems of  law in the western world: the common law, and the Roman civil law. Both systems have the same objective, the safegaurding of  life, liberty, and property of the people. Louisiana follows the Roman civil law that was in effect when the Lousiana Territory ceded to this country by France. The difference is chiefly in procedure or methods by which a legal action is instituted and conducted. Also, under the civil law,  the main rules are written into legistlative codes rather than being defined by judges."

A child is lost in the woods.  (Question and Answer)

The post above presents a problem about a lost child. And I qoute continues...

"Problem: A small child was lost in the woods on a camping trip with his family. Other campers were asked to join in the search. Some refused. Did they violate any law?"

- Rules known as Laws -

"Law consists of the rules of conduct that society will enforce through its system of law enforcement, courts and regulatory agencies. Much of it is a reflection of present-day social and business standards and customs. Not all customs or ethical and social standards have the force of law. Only those that society will enforce through its legal system have legal standing."

"In the problem listed above, the campers were in their legal rights in refusing to aid in the search for the lost child. Although their refusal may have been a breach of moral duty, they violated no law, hence no legal duty; and there was no legal penalty to which they were subject."

America is a free country, however we can't just do anything we please. The "law" of the land says that as long as you harm no one or do no damage to the property of others you have not violated any law, but anyone who has taken a boaters safety course would know the laws of the sea are not the same, for very good reason:           

a) if a ship is sinking, boaters are stranded or other problems arise chances are someone is in serious danger; and

b) the laws of the sea only apply to trade and commerce to regulate overseas business activities.

Still further, business is held at very strict standards when it comes to the citizen. Being a government entity, it has the strict duty of protecting the citizen without violating their rights.

Therefore, government has the power to administrate all regulations for overseas trade, however as the Declaration of Independence states, "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unaliegnable rights, that among these are Life, Liberty and the Pursuit of Happiness."

"A famous judge once said, 'Your right to swing your fist ends at the point where the other fellow's nose begins." True enough, but it also implies that your rights don't stop until the end of the other fellow's nose.

Welcome to The Law and You!

[emphasis, translations, and informationals added]

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