Law On The Books Vs. Law In Action

Society has numerous rules and laws that are either spoken or unspoken. As citizens we may either choose to follow these rules or are told to. One set of rules that has impacted me the most are the Ten Commandments. I grew up in a religious household where I was predominantly surrounded by religious people. It has always been embodied in me that we must follow the Ten Commandments if we wish to be guaranteed salvation in the end. These laws have a strong meaning to me and have shaped me into the person I am today.

Criminal law is a construct of the government, enforced through tangible measures. In a democratic society, the government is elected by the citizens, and as such, laws are generally conceived with the aim to reflect whatever ethical or moral standards are presently acceptable. However, in order to be truly effective, some legislation must circumvent current sociological viewpoints in order to create laws that are genuinely in the best interests of society. This results in a delicate balancing act, as lawmakers attempt to weigh the views of the majority against the need for laws to be both reasoned and objective.

district shall have been previously ascertained by law, and to be informed of the nature and

Section three of Chapter Eight titled Doing Justice begins with the following sentence “It should be obvious that laws and trials mean something.” The role that legislated laws play in maintaining the stability and integrity of our society is something that many individuals assume to be determined by unbiased social convention. Throughout Section three the perceived significance of the law is critically examined. Additionally, the section analyzes the effectiveness of implemented legislation in the dispensation of justice to all American citizens.

When studying the language of law on the books, a person must understand that this means the letter of the law (Neubauer and Fradella, 2009). These laws are seen in different places such as both state and federal legislation in the United States that find their force from the Constitution

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.

In comparing the difference between legislative, also known as statute law, to common law or case law, I felt that each serve an equally important role within our judicial system. The statutes are set by a legislative body, consequently, case law is determined by the judges that hear the cases (Hall, 2015). A statute is a basic definition of an act that is deemed to be unacceptable by society with a defined punishment for acts committed violating it. The adjudication of the offense could yield a different outcome as prescribed by the statute, in turn setting a precedent for future cases of the same offense.

The criminal justice system, in the United States, is fragmented with regards to the many different courts which exist, and the roles that they play in the administration of justice. Before any police officer can make an arrest, or any court try a case, there must be laws to enforce. Law on the books refers to the written law and rules society must live by in order to be acceptable members of that society (Neubauer & Fradella, 2008). This differs from the law in action, which is how those laws are actually enacted, and enforced with regards to the real people of any given society.

Legal consciousness helps us differentiate the gap between the law on he book and the law in action (Susan S. Silbey, page 1). Ewick & Silbey describe consciousness as engaging in the social movement and predominance. (Susan S. Silbey, page 333). “Ewick and Silbey describe as before, with, and against the law, are described asa the cultural tool- kit from which popular understandings of legality are constructed” (Susan S. Silbey, page 349). Ewick and Silbey say that belonging into one of the three categories but rather shifting between the three categories over time, space and under certain

     In his book on ?The Behavior of Law? Donald Black attempts to describe and explain the conduct of law as a social phenomenon. His theory of law does not consider the purpose, value, impact of law, neither proposes any kind of solutions, guidance or judgment; it plainly ponders on the behavior of law. The author grounds his theory purely on sociology and excludes the psychology of the individual from his assumptions on the behavior of law (Black 7). The theory of law comes to the same outcome as other theories scrutinizing the legal environment, such as deprivation theory or criminal theory; however, the former concentrates on the patterns of behavior of law, not involving the

The key differences between the “law on the books and “law in action, the phrase law on the books defers because the term law in the books is written and/or codified. Law in the books is written and laws to be followed by a country or state. Law in action refers to how and if a law is applied or enforced it varies depending on the enforcer. (“Answers.com in Criminal Law”, n.d.). The laws in the book includes, but are limited to the laws of this country and state, however, the key difference of laws in action is the enforcement of the laws.

“Laws are like sausages, it is better not to see them being made”.This quote is said by Otto von Bismarck.I agree with this because the government make laws that will make people happy or mad because they do not think that the law will apply to them.Some people like to have a say in when the government is making the laws.People just like to see the laws, but they really do not know how they really are made and how long it takes for the laws to get passed.Some people time all it takes is a month for it to pass but it take longer.But I am not sure how took back then then to pass these laws that U.S. might have.They laws that I will be telling out about are from World War.The Espionage Act: punished anyone found guilty of helping the enemy, hindering recruitment, or inciting revolt.The Sedition Act: prohibited any speech that was disloyal, profane, scurrilous, or abusive.Trading with the Enemy Act: the postmaster general gained the power to censor any publications exchange with other countries.Some of these laws might seem harsh or not harsh enough. However it depends on how you take look at the acts to see if they were actually helpful or not helpful to the U.S.The Espionage Act, Sedition Act and Trading with the Enemy Act was too harsh or not harsh enough.

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.

These commentators concede that the concept ‘lacks precision’ and that its meaning changes over time. Noted legal philosopher Joseph Raz accepted the necessity for State intervention in society and suggests that the rule of law is essentially a means of controlling, limiting and shaping the exercise of discretion in this intervention, rather than seeking to abolish it entirely (Raz, 1977, p195). Raz clearly appreciated the risks associated with the arbitrary and uncontrolled exercise of discretionary power and envisaged the principle of the rule of law as the primary safeguard against that threat.

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,