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
Equity is that part in the law that moderates the harshness of common law and statute and because of this persons seeking assistance from an unconscionable transaction have been able to find relief through equity. Although equity only appears in the most repugnant of situations, it comes as in disbelief, that the courts would consider a newer level of standard for unconscionability. The following paper considers the effect of the statement made and the ramifications of the statement through equity.
Overall, in the process of understanding the relation between social order and the law, the consensus provides a clearer and more radical view. It shows society as what it really is. It presents society as a united force respecting and following the norms as to
To be sure, modern laws are made to express the general will, a will that aims at the common good. This means that laws in most cases intend to protect every social member’s rights under the principle of justice and fairness. For telling examples one need to look no further than American judicial system. The access to the two courts systems, one federal court and one state court, provides citizens with the greatest potential to have their legal problems
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
concentrates that law is purely used to promote good by the state. Furthermore, law should
Imagine a world without law, surrounded by anarchism and people who can do whatever they please. A world without law would result in a corrupt and unfair society, ruled by the authoritative elite. In the narrative, To Kill a Mockingbird by Harper Lee, law is a major theme in society that controls the actions of the people and the destiny’s of the wrongdoers. A world without law is a world of chaos and calamity; therefore, laws are established to keep order and safety in the world that God created.
Laws have been a part of civilization for many years. Without them, civilization would implode. Chaos would erupt and people would be a danger to one another. The world would be in anarchy and a brutal place to live. Humanity would cease to exist. According to Wikipedia, law is defined as “a system of rules that are enforced through social situations to govern behavior (www.wikipedia.com).” Laws are put into place to regulate society.
The official version of the law is the basis on which the law prides itself to be. It claims to be neutral, having no prejudice against race, sex, gender, or any other distinguishing characteristics. The law compares itself to a blindfolded woman as historically women who have been seen as virgins who are pure, uninfluenced, and have no biases. The official version of the law is bound by one rule and that is everyone is subjected to the law and will be treated equally under it. Stare Decisis, a well known term to legal scholars is used define how judges are bound by precedent which means they must treat all cases the same and thus leading to the basis of the official version which is predictable, unbiased law. My focus in this paper is to
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.
Since we were kids and became conscious of our surrounding, our parents and grandparents instilled in us an awareness of what is right and wrong. In other words, it is a trait of all human beings and fosters from our desire to get along with each other to live a harmonious life. Laws are a set of rules and behaviors set by governments that society illustrate on what people can or cannot do. The purpose of this paper is three-fold: it will identify and define what distinguishes law from ethics and what similarities they share. The second is an analysis of examples of where law and ethics either meet or diverge. Third is the role where law and ethics either meet or diverge.
The fine line between obeying the law and not obeying it. Obeying the law kind of makes the world safer. When you don't obey a law and therefore caught doing the crime; you will be charged and possibly sentenced to a place where you are no longer free to do as you please. When you obey the law you get to do as you please with your life as long as you follow the laws. Laws are put into motion to create a safe environment for everyone to live in. No one should have to be worried about their lives everyday; but there are accidents everyday in which lives are lost.
This paper aims to present Dicey’s formulation of Rule of law; its fallacies ; its applicability in modern times; and Rule of law & The Tinkerbell Effect as analysed by Cameron Stewart.
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.
William O. Douglas said, “Common sense often makes good law.” Well that is what laws essentially are, rules and regulations that make sure common sense is followed. One could even say that laws are enforced ethics. Laws serve several roles and functions in business and society, and this paper will discuss those roles and functions.
In every political society it is the law which contributes to its civilized character, but law is the handmaid of social justice, rendering in the interest of society that which is according to law and to which a person or persons are entitled.