Custom Search

Tuesday, May 5, 2009

Law (1)



Before one considers what laws are and how they are introduced into a society or a circumstance, it is necessary to consider...

WHY WE HAVE LAW

People's behaviour, sometimes, may lead to generally undesirable outcomes, injurious to one or more others physically or as repugnant. People have sought to establish some rules, to enable the smooth functioning of the societies in which they live, of a kind that themselves can sanction to avoid chaos.

WHAT ARE LAWS

The set of rules that regulate behaviour are laws; and those that regulate human behavior in ways that they can be legally sanctioned if breached are men's Legal Laws.What the should be the basis of such rules, the extent of the limitations on man's actions, who and how should decide and organize them, apply the sanctions -with what safeguards against injustice and as defined by whom and how, and the growth of society -necessitating variations of them, and other such considerations, are essentially, also part of Law.
There has been the Authoritarian View -that law's intention should be to prevent wickedness, and the moral welfare of the society; and there has been the Libertarian View -that private morality and immorality is one's own business and not of law: e.g., the Misrepresentations Act 1967.

THE AIM OF LAW

The Libertarian view has been mostly preferred, aiming to ensure two things:-

1. Primarily, with minimum conflict with natural law, rules for the survival of the society (e.g. regarding murder, theft -mostly criminal in nature), against human greed and aggression.
2. Secondarily, to make allowance for growth, and complex situations by way of...
a. A system of adjudication for the settling of e.g. mercantile disputes
b. A system of who and how to change the rules as and when necessary
c. A system of recognition of the primary rules themselves as legal rules.

ENGLISH LAW

Classification of English Law is as being, both, affected by, and incorporating in part -and increasingly, international law; it comprises of...

INTERNATIONAL LAW and NATIONAL LAW

No comments:

Post a Comment