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“the Law Is a Necessary Evil.” Discuss.

Decent Essays

Law is not something we ask for, but is simply something that has been thrust upon us at birth. It is a body of rules and regulations that govern the relationships among individuals as well as between the individual and their society. These rules establish rights, duties and privileges that are consistent with the values and beliefs of the society. Nevertheless, is law a “necessity,” is it an “evil” or is it merely a “necessary evil?” Law is necessary in the society as a control mechanism. Since society has so many variables, what is one man’s right may be another man’s wrong. According to Prof. H. L. A. Hart, “Man needs to be regulated by laws as he does not live in isolation. Man lives in a community and must therefore be …show more content…

In this respect, the Law is necessary. Despite this, it has been argued by legal academics that the Law may sometimes be inaccessible to certain sectors due to financial burdens incurred. This is a justifiable illustration of where the Law may have said to been evil, because it favors those who are financially stable, whilst disadvantaging those who are not. In practice, this may lead to, at best, grave disparities in the quality of legal representation people receive, and at worse, a complete absence of any legal representation. Consequentially, the Law is unfair, bias and arguably 'evil'. In accordance with the Scythian philosopher Anacharsis, “Laws are spider-webs, which catch the little flies, but cannot hold the big ones.” Selective enforce ability of the law is a form of inefficient enforce ability. Lady Justice is a representation of the moral power that underlies the legal system. Her blindfold symbolizes equality under the law through impartiality towards its subjects, the weighing scales represent the balancing of the truth and fairness under the law, and her sword denotes the power of Reason and Justice, which may be exerted either for or against any party. This evidently shows that selective enforce ability breaches the fundamental principle constitution, that all are equal before the law. In conclusion, the functions that the Law performs, illustrate that the Law is

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