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ESSENTIALS OF COMMERCIAL LAW

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Definition. A law is a rule of action. It is a rule of action or conduct, laid down by those having authority, for the guidance of all within its jurisdiction. "It should be kept in mind that the greatest good to the greatest number is the object of the law." The letter of the law and the forms of the law concern every man and woman at almost every important step in life.

The Legislative Department of the Government makes rules or laws for the people of the United States. Each State Legislature does the same for its particular State, so also the County Commissioners and the Board of Aldermen are given limited lawmaking powers. Among savages the chief makes the laws. In civilized communities the head of the family does likewise.

The scope over which the law has force is bounded by the territory over which the law-making body has control or jurisdiction. Thus the laws of New York do not affect the people of California, or vice versa, unless the people of one state visit the other.

The necessity for law is self-evident. It is our assurance that the strong shall not trample on the weak; that the rich and powerful shall not deprive the poor of their rights without just compensation. If all men were honest, and born with a disposition to "do unto others as they would that others should do unto them,” there would be little need of laws and lawyers, but mankind is ever apt to be selfish and aggressive and to strive selfishly to obtain what is not right; consequently, laws are formed for the protection of him who otherwise would be at the mercy of those more powerful than himself. Law is protective. It consists of a code of principles based upon right and justice, the fundamentals of which are the Ten Commandments. It says to the thief, "You shall not steal and profit thereby"; to the murderer, “You shall not kill and escape unpunished"; to the robber, "You shall not have the property of another without giving value for value."

2. Kinds of Law. 1. Natural Law. The rules of human action as prescribed by the Creator and as revealed and discoverable by the light of reason, constitute natural law. Among others are three general precepts: That we should live honestly, should hurt nobody, and should render to everyone his due. The primitive laws of nature may be reduced to six, namely: (1) comparative sagacity, or reason, which enables a properly constituted human being to distinguish good from evil; (2) self-love, which includes self-preservation; (3) the rights of husband and wife; (4) the tenderness of parents toward their children; (5) the religious sentiment; and (6) sociability, the feeling upon which the existence of society depends.

2. Moral Law. The rules and laws of divinity, prescribed and laid down regarding moral conduct, the law of moral precepts of the Mosaic Code, as distinguished from the ceremonial and

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