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TOUR 115 LEGAL POLICY ISSUES IN HOSPITALITY AND TOURISM

By: R. Sasi

Introduction
-Meaning of Law -Kinds of Law -Characteristics of Law -Functions of Law -Sources of Law

Law -a certain dictate of reason (rationis ordinatio) for the common good, made by him who has the care of the community and promulgated. (St. Thomas Aquinas, Summa Theologica). -Rule of conduct, just and obligatory,

promulgated by legitimate authority, and of common observance and benefit.

Principles of Law
Government of laws and not of men

- no man in this country is above or beyond the law. Every man, however high and mighty his station may be, possesses no greater rights than every other man in the eyes of the law. - public and private individuals are bound to respect the sovereignty of the law. No one can take the law into his own hands. To enforce his rights or achieve his ends. Laws must be obeyed by all and applied to everyone- rich or poor, lowly or powerful- without fear or favor.

Lady Justice is the symbol of the judiciary. Justice is depicted as a goddess equipped with three symbols of the rule of law: a sword symbolizing the court's coercive power; scales representing an objective standard by which competing claims are weighed; and a blindfold indicating that justice is (or should be) meted out objectively, without fear or favor, regardless of identity, money, power, or weakness.*

*Wikipedia

General types of laws:


Divine Laws - the law of religion and faith which concerns itself with the concept of sin and salvation. - promulgated by God

Natural Law

the law of nature (Latin: lex naturalis) has been described as a law whose content is set by nature and is thus universal.
Divine inspiration in man of the sense of justice, fairness, and righteousness, not by divine revelation or formal promulgation, but by internal dictates of reason alone.

Moral law
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is based on the premise that there is such a thing as right and wrong, and there are some things that you "ought" to do, and some things that you "ought not" to do. The totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community. Is not absolute, varies with the changing times, conditions or convictions of the people..

Physical Law

scientific law is a scientific generalization based on empirical observations of physical behaviour. An order or regularity in nature by which certain results follow certain causes.

State Law
Law that is promulgated and enforced by the State, also called as positive law. Positive law (lat. ius positum) is the
term generally used to describe man-made laws which bestow or remove specific privileges upon an individual or group.

Characteristics of Law
1. 2. 3. 4.

It is a rule of conduct. It is obligatory. It is promulgated by legitimate authority. It is of common observance and benefit.

Functions /characteristics

Due Process of Law (Art. 3, sect. 1 Phil. Constitution)


Procedural Due Process Substantive Due Process

Ignorantia juris neminem excusat

Art. 3 (NCC) .Ignorance of the law excuses no one from compliance therewith

Waiver of Rights
Art. 6 (NCC).
Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs or prejudicial to a third person with a right recognized by law.

Requisites of a valid waiver: 1. Person making the waiver must have the right he is waiving; 2. He must have the capacity to make the waiver; 3. The waiver must be made in a clear and unequivocal manner; 4. Such waiver must concur with art. 6 ; 5. If required, formalities must be complied with.