Chapter 1 1. Why did common law become so rigid and inflexible? Answer: By the reign of henry II, the practice of sending the royal justice throughout the country “on circuit” began to result in fairly uniform body of law developing around the country- the common law. The judges were assisted in finding an agreement among them by keeping records known as plea rolls. They set out not only the facts of each case and judgement, but often the reasoning behind the judgement, in much the same way as the modern law reports does. During the reign of henry II writs came into wide use. They were purchased from the king’s clerks of chancery and stated the complaint, ordering the name person either to right the wrong or to show the king’s justices …show more content…
Explain Answer: law is basically a device to regulate the economic and social behaviour of society. Generally laws are created by people to maintain harmony in the society and the country. As people have to follow the certain rules of the country or society, there is a sense of responsibility people feel. If people lived in complete isolation and didn’t carry on any economic activity or recognise any superior authority, there would be no need for laws to exist because there would be nothing to regulate or control. However, the reality is otherwise. People don’t live in complete isolation and economic activity is carried on. The law, as regulatory device, provides the mechanism for society to function by prioritising needs and desires through tools such as legislation. All these laws are made by the superiors at the higher stages. Even the people establishing these laws have to follow the same laws so it has to be made regarding the needs of the people. The people creating laws have the power to organise all these laws and should be pass the law according to the demand of time and the need of the people. All the other tests cannot be ignored as law because they at some stages describe law. But somehow other statements are less effective. Like, law is not only a command by a political superiors because all kinds of law are not commanded by political superiors or inferiors. It could be family law commanded by the eldest
One of the most important purposes of laws in the world is just to prevent that nothing bad happens to us, for example how a society could survive without traffic driving laws? It is impossible, we need to have rules that shows us the way we have to drive, the signs we need to respect, the light we need to observe, when to stop and when we should pass, and the consequences of breaking the laws.
The word law is defined as a system of principles and regulations of ethics and rules in order to keep people and also things in line, a set of rules of conduct. There are many functions of law in business and in society. Without the functions of laws many companies, etc. could and would not survive. Law is very valuable within businesses. Businesses have to have law because it is used as a protective shield for the companies. Without laws, companies could have lawsuits placed on them. So laws are put into place to help avoid as many lawsuits as possible. A majority of
Common law became into effect after the Norman Conquest (A.D. 1066) consolidated their hold on newly won territory. One way was to take control over the legal/court systems. When this happen
Imagine if someone you loved was shot. You call the cops, but they say that there is nothing that can be done because there are no laws saying they have to punish the criminal. If there were no laws, criminal could get away with crimes like that repeatedly without any punishment. This is a prime example of why laws are needed to keep society in order. The idea of rules in society has been around since King Hammurabi created the first set of laws in 1760 B.C. Egyptian civilizations created laws so that their society would last longer than other civilizations because people would respect their morals. William Golding, the author of Lord of the Flies, made a statement about human nature, saying that, “Man produces evil as a bee produces honey.” He had a theory that
The social constructs of law relate it to be something of complexity, where one’s rights and protections are imagined to be difficult to find. The law is an historic and modern aspect of the world, ensuring uniformity. It is important for the law to become not only a creator, but also a product of its environment. For society to accept the law and for its effectiveness, it must be made in ways reflect societal values.
Parliament passed The Treason Trials Act of 1696 in response to a series of treason cases brought against political opponents of the monarchs during the later Stuart dynasty in the 1670s and 1680s. This landmark legislation, which English policy officials spent over a decade negotiating, was a reaction to what contemporaries considered blatant judicial murder and gross crown intrusion into judicial proceedings. Judges, handpicked by the crown and dependent on royal favor for personal and professional status, fashioned a courtroom environment similar to piracy trials of the subsequent decades. With no jury of their peers, unrepresented defendants had little practical defense in the hostile environment that pre-determined their guilt. The Treason Act was an attempt to try and correct the obvious deficiency in the court proceedings by chipping away at the prosecutions clear advantage. Specifically, defense witnesses were made compulsory, a power previously limited to the prosecution, and the court now accepted their testimony under oath. It provided the accused with an advanced copy of the indictment, and limited the evidence to charges listed therein. Most importantly, it guaranteed defendants the right to counsel during both the pre-trial, and the trial itself for the first time. The drafters of the bill saw that treason trials presented distinctive problems that required special procedures, “The seemingly unique features of treason prosecutions, previously emphasized- the prosecutorial imbalance, the subservience of the bench, the complexity of the offense of treason- appeared to contemporaries to demarcate the treason trial as a procedural world of its own, remote from ordinary crime.” I contend these features were not unique to treason, but shared with
When running a business, the most common legal transactions you will be involved in is a business contract and despite what type of business a person runs, by having an understanding of contract law is a key to creating sound business agreement that will be enforceable legally incase a dispute arises (Find law).
Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions.
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
The purpose of the law is mainly seen as the achievement of justice for everyone. Justice can be seen differently according to differing values in society. Laws are needed for protection, for proper function of society and for fair outcomes.
Initially, laws are difficult to design because lawmakers can’t think of every possibility, every scenario, and every obstacle that may present itself in the democracy. Despite these difficulties, laws keep society together and provide unity for the citizens. Advantages for creating laws, include, but are not limited to, providing direction for the collection of taxes, declaring clear expectations for compliance and punishment of citizens and elimination of chaos.
Law can be defined as the written agreement that a society agrees upon this dictates appropriate and acceptable conduct and behaviour we display toward each other. Law is the foundation of the society it can only work if the society abides by it and work to maintain its existence, this will help solve any problems and crimes.
The purpose of laws is to protect its citizens. Laws are written and approved by the three main bodies of government, and then are enforced by the police and with the help of the legal system
According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.” Essentially law is the rules and regulations that aid in governing conduct,
And so it helps the Government in formulating suitable laws. In pursue its economic and social policies for e.g. law and legal propositions are not find or absolute. They are in the state of becoming. Accepted norms or principles whether statutory or as principle of justice, equity and good conscience are applied again and again to test its voracity or