A Law May Be Harsh, But it is Still the Law

Web 2.0 technologies offer the potential to improve significantly the quality of education. However, the impact of copyright and control technologies may limit educators and students to continue to engage freely with a variety of information sources.

This poses a great challenge to institutions in understanding such implication within the bounds of intellectual property law which is by itself is also challenged by the move toward collective creation. A single work of art may contain multiple copyrighted works owned by different people. This is the harsh reality of the law that many educational materials run the risk of inadvertently violating copyrights.

The law may be harsh, but it is still the law. Until such time that it is declared unconstitutional, it deserves to be respected and obeyed no matter how unfair the said law is. When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall prevail.

Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse or custom or practice to the contrary. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

The term “law” in its widest sense means any rule of action, norm or conduct, or expression of uniformity. In its most comprehensive signification, law is applicable indiscriminately to all objects of creation, whether animate or inanimate, rational or irrational, as well as to intangible processes.

Law is the factor that holds organized society together. Where such element does not exist, there is only a lawless group. To the extent that a group of men are held together as a society by such factor, to that extent it has a legal system, crude or highly developed as the case may be.

The concrete statutes, customs or judicial decisions prevailing are only so many facets of that overriding, super eminent factor. When a particular rule or act promotes the efficacy of this factor, it is a lawful act or a good rule; if it derogates from the effectiveness of this element, it is an unlawful act which should be changed.

The burden of proving that a law is unconstitutional is reposed on the individual suitor or challenger because of the presumption of constitutionality of a law. Laws are meant to be followed; otherwise, there will be chaos, disorder. Law is like a nuclear force that holds the atom together, without it there shall be destruction.

Source by Marivic Malinao

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