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Moral Laws in the Philippines

By November 23, 2022Uncategorized

Just as the law of the state became inexorably linked to the higher moral law, which was based on both divine law and natural law, so human law was seen as the moral authority of both. The legal consequences could hardly be contained. Philippine laws are veritable repositories of moral laws that sanction immoral behavior that, at first glance, may appear private and cannot harm society as a whole, but is nonetheless dealt with. Examples of such cases are the general references to “good morality” as a condition and condition for remaining in public service, and sexual relations between a man and a prostitute, although consensual and private and without harmed third parties, remain illegal in this country. Until about a month ago, the U.S. Supreme Court prohibited sodomy, or consensual sex between two consensual men, even if it takes place in the privacy of the bedroom. Are such moral laws justified? Don`t they interfere excessively with their own freedom of belief? Paragraph 3. Competence. Violations of article I are tried by military courts and the perpetrators are arrested and imprisoned in accordance with the laws, decrees, ordinances and instructions in force pursuant to proclamations Nos. 1081 of 21 September 1972 and 1104 of 17 January 1973. Filipino Bishop Broderick Pabaillo, left, leads a prayer after celebrating Mass with human rights activists condemning extrajudicial executions at the Redemptorist Church in Manila in this file photo dated August 10, 2016. Until recently, natural law was the moral foundation of many societies until human rights theories emerged. (Photo by Noel Celis/AFP) The existing constitution of 1987 was the product of a revolution against an earlier order.

It was the product of a moral reading of everything that had come before. It would be paradoxical if the present order could resolve, as it did, to sponsor the funeral of a hero as the embodiment of all that was morally repugnant under the old order. One clue is that these moments were associated with heightened moral panics around drugs. [48] It is difficult to determine the extent of moral panic among people, but the media coverage is revealing. This is because media coverage allows for the spread of intensified emotional responses to moral issues. In the 1970s, newspapers spoke of the dangers of drugs, personified by Chinese drug lord Lim Seng. His execution was a televised public spectacle. [49] Historian Ambeth Ocampo notes how newspaper editors reported the execution at the time: During the 19th century, legal reformers deliberately injected moral concepts such as guilt, intent, and mitigating circumstances into civil and criminal law.

Law and morality were brought together, so that legal responsibility would also reflect moral culpability. The remnants of these reforms are still enshrined in our laws. In the revised Penal Code, for example, mitigating, mitigating or aggravating circumstances that may reduce or increase an offender`s penalties are all based on the moral attributes of the felony and the criminal. Marriage is an area where law and morality intersect closely. The respondent Eskritor`s act of cohabitation with Quilapio, a married man, can only be described as “immoral” in that it opposes and transcends the institution of marriage. Since society has a deep interest in preserving marriage, adultery is a matter of public interest, not just private, that cannot be easily ignored. This deep interest is evident in our Civil Code, which is as rich in rules as the definition of the legal capacity of the parties to marry, the definition of the essential conditions of the union, the regulation of the rights and obligations of the spouses, even their financial situation, and the protection of the rights of children. The wedding took place in the 12th century. It has since become a valuable institution with the Gregorian reform of the 11th and 12th centuries. Some of these topics are already known at this stage. In recent decades, Church leaders have expressed concern for young people, the guilt of drug dealers, and the need for stronger laws to deter crime.

What is perhaps noticeably different here, however, is the social concern for those affected by drug abuse. The poor and youth were seen as vulnerable to the spread of illicit drugs. A final reference to drugs on February 10, 2016 listed it among the vices that can “harm the family.” For example, the control of female fertility by contraception was considered immoral. Certainly, things have changed from now on, but contraception is still officially forbidden in the Church. In many countries, the veil law is strictly enforced: a married woman has no rights or property, but is totally dependent on her husband. The Supreme Court`s decision whether to proceed with President Marcos` funeral has reignited the classic debate between law and morality — whether society`s moral principles are to be interpreted in what the law says when the highest court in the land is asked to interpret the law. In our judicial system, Supreme Court decisions are part of the “law of the land,” that is, they are part of the larger legal system, consistent with all the binding virtues found in any other law or regulation. It becomes “enforceable” like any other rule in the law books. The court`s decision to authorize Marcos` funeral also revealed the recent collusion — “idiosyncrasies,” if you will — held by sitting justices of the Supreme Court of the Philippines.

Knowing this, of course, will be of pragmatic value to many lawyers with cases pending before the Court, but the broader and longer-term jurisprudential question would be whether Filipino judges should adhere more firmly to the conviction that law is merely a sovereign order without morality and moral history, or the conviction that law is truly a manifestation of a moral code shared by a people eager to be governed by it. A general moral panic about drugs has probably existed since the 1970s. As anthropologist Michael Tan has pointed out, an “everyday morality game” portrayed “addicts” as deviants through film, radio, newspapers and other media. [52] In 1972, the film Kill the Pushers was released, which depicted the dangers of drug use and improved those who persecuted dealers. The film, which won the FAMAS Award for Best Film in 1972, was the first in a long series to include the negative effects of drugs as a main part of the plot. [53] However, the moments we have identified here were also politically charged, as illicit drugs played a role in realpolitik at the time. In 1971, it was Ferdinand Marcos who tried to paint a picture of a country under attack. In 1997, Joseph Estrada commissioned Alfredo Lim, then mayor and presidential candidate of Manila, to lead a controversial campaign in which the homes of suspected drug suspects were pulverized. In 2015, it was the mayor of Davao and later President Rodrigo Duterte who was supposed to revive the drug discourse. This article dealt with the historical writings of the Catholic Church on illegal drugs in the Philippines. From the 1970s to 2016, the statements reflected a deep concern for the well-being of youth, the poor and the family. Church bishops have portrayed the spread of illegal drugs not only as the result of the influence of Western culture.

They have also linked it to corruption and moral decadence, both of which attack human dignity and threaten the nation`s future. As we have seen above, much of the discourse reflects the recurring moral panic about illicit drugs. 1. Those who publicly present or proclaim doctrines openly contrary to public morality; Among religious leaders, a common position on drugs and drug abuse is complete rejection. Based on their work in Brazil, Lopes and Costa argue that religious leaders are fueling the moral panic that results from legal and medical prohibitions against illegal drugs. [20] Their evangelical and Pentecostal informants, for example, readily equate drug use with sin and the influence of evil spirits. Inspired by their religious beliefs, these religious leaders have put in place interventions that offer treatment, rehabilitation and pastoral guidance. In contrast, Cornelio and Medina`s work on religious leaders in the Philippines shows a different set of reactions. [21] While many religious leaders who interviewed them also invoked sin and evil in their statements about drug use, their pastoral responses varied.

Convinced that drug addiction was irreversible, some pastors refused any service with them. However, others have taken on a law enforcement role by working with local politicians to identify drug users in the community. Regardless of the differences, these Filipino religious leaders, like their Brazilian counterparts, have repeated the state-sanctioned claim that drug users are criminals.