The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.
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.
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.
Criminal law is an immense part in society, including the following functions: to deter a person from acts that harms them or society. Additionally, people who do not follow the rules that are being set by the authority, they will be punished. The criminal law is formed to guide the general public behaviour, which are seen acceptable by society. (Jonathan Herring criminal law eighth edition)
This is an introductory course in the study of criminal law, general legal principles, and how the criminal law functions in and affects modern society. This course highlights a variety of key topics, including the concept of crime and the development of criminal law, defenses to criminal charges, and a number of specific types of crimes, including personal crimes, property crimes, public order crimes, and offenses against public morality. Legal issues affecting punishment will also be discussed, as will ways the criminal law impacts victims of crime.
This paper will cover topics such as; what a court is and what the purpose of the court is. This paper will define the dual court system. In addition this paper will describe the role that early legal codes, the common law and the precedent played in the development of courts. And lastly this paper will identify the role of the courts in the criminal justice system today.
Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.
It is essential for a legal system to continue to adapt to contemporary societal values and changes, not purely for the image of change, but for the continual growth and improvement of the justice system. This process is called law reform, which sees to examining existing laws, and if need be, advocating and implementing changes in a legal system, generally with the intent of enhancing justice or the efficiency.
Law is one part of a set of processes, social, political, economic and cultural, which shape and direct the development of society. Like all other mechanisms the law seeks to govern human behaviour. The Irish law system belongs to common law systems established in England by the Norman's. This type of law responded to actual rather than anticipated problems. In contrast the law in the civil system is contained in comprehensive codes which are enacted by legislators and which attempt to provide for every legal contingency. Case law or 'la jurisprudence' has lesser significance and lacks the quality of enjoying in the force of law.
The law is a collection of principles of behavior of restricting legitimate drive and impact, recommended, perceived, and implemented by controlling power. ("law", 2016).In U.S. law, the word law alludes to any standard that if broken subjects a gathering to criminal discipline or common obligation. Laws in the Unified States are made by government, state, and nearby councils, judges, the president, state governors, and managerial offices. Law in the Assembled States is a mosaic of statutes, settlements, case law, Regulatory Organization directions, official requests, and nearby laws. U.S. law can daze in light of the fact that the laws of the different purviews—government, state, and neighborhood—are some of the time in struggle. In addition, U.S. law is not static. New laws are routinely presented, old laws are canceled, and existing laws are adjusted, so the exact meaning of a specific law might be distinctive later on from what it is today.
If law is ever-changing then, due to shifts in societal norms, it is also arbitrary. Take getting a speeding ticket for example; at some point in time when the automobile became commercialized, speed standards were set to make sure drivers are safe. However, even though a multitude of driving laws exist, it seems like most people speed. Why? Because there is some tacit agreement that it is okay in most situations; the preconceived idea of “safety” is changing, since people acknowledge it is okay to drive fast if following distance and alertness are maintained. As Gambetta echoes Santi Romano, “we all know how arbitrary, contingent, and variable are the criteria with which the state rules on the legality or illegality of some associations,”