Not every law is genuinely good or fair to the people for whom it is made for. One of the disadvantages of the law is its rigidity. A perfect legal system ought to be flexible and conforming to the changing and diverse needs of people (Teubner, 1983). The law must not isolate itself from the people who it governs. Unfortunately, the law does not change or adjust to conform to the needs of the people. It remains rigid, and the process of changing the law is usually lengthy and very procedural.
The law is conservative in nature, yet the world is gradually changing from this conservative nature (Teubner, 1983). This is not favorable for the world that is progressing every passing day, yet law makers and enforcers cling to and champion the continuation
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This can partly be attributed to society's complex nature and the need to draw clear distinctions on different aspects of the law.
Monitoring regulations is an expensive and time-consuming affair for the government. The government has to set up bodies and agencies to ensure that citizens live by the laws and regulations. This takes time and money to keep up with. Regulations are rigid, and in this growing and changing universe, some regulations may not be practical and need to change for instance, where the driving age restriction is at 21 years, in an economy where s people as young as 18 years are billionaires, these regulations may be unfairly bonding and as such, regulations need to adjust reasonably with the changing times.
Regulations at times hinder the development of a nation, individuals or business due to the many restrictive measures and don's that come with regulations. These restrictions may have been the best idea or the right idea at the time they were set, but with time, regulations need to be adjusted to meet the demands of a given period (Nonet, 2017). For example, during times of war, nations restrict their citizens from visiting war-torn areas, and they do not get into business with these nations. However, upon restoration of peace and calm, these restrictions should be withdrawn to give progress and positive interactions chance for
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Some laws and regulations can be quite unethical and violate the dignity of individuals whom they govern (Teubner, 1983). A good example of a law that violates human dignity and other societal belief is the law of hanging as a sentence for some crimes. All human beings are entitled to a dignified death. However, some states and nations hang prisoners denying them this God given right of dying a natural death at the least this is an equivalent to murder by the state and is unethical and against the basic human rights. A good example of regulations that leave a lot to be desired is the voting age
Governments can adopt laws and also dis allow commercial activity like banning Uber from cities and
Law and Society, Ninth Edition, by Steven Vago. Published by Prentice Hall. Copyright © 2009 by Pearson Education, Inc
Laws are structured and implemented to benefit the masses. Unfortunately this objective is not always achieved. The constitution of the states is considered the best work of law yet it is unable to save the life of a child. Clearly the problem of violence is turning more into a socio-cultural and psychological problem than a legal one. However laws still need to be implemented justly in order to preserve the freedom and rights of me...
One of the consequences of regulation not captured by measuring its direct cost (administration and compliance) is the severe limits it can impose on people's freedom to make their own choices based on their individual circumstances and tolerance for risk. Government regulation also dampens innovation, delays development of products, stifles entrepreneurship, restricts competition, and slows growth of productivity.
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.
“The more civilized a man becomes, the greater is man's need for law, and the more law he creates. Therefore law is just a response to social needs."
Free Agent Nation opened my eyes to new possibilities. I always thought it would almost be impossible to work on my own or be my own boss. Free Agent Nation showed me that working for myself is something I can do. One of the first things the book did for me was that it describes the key to understanding the social and economic climate of the United States of America.
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 resolved quickly and justly. Besides, the entire U.S. legal system depends upon the involvement and integrity of citizens in the roles of parties, witnesses, jurors, legal counsel and judges， making the legislation, judgment and enforcement respecting more citizens' will, which is probably based on various interests, so that laws can be as just as possible. Therefore, modern laws are in nature pursuing to treat and protect every individual in the society.
In this essay, I will be discussing how the formal theory of the rule of law is an erroneous means of establishing laws within a state. A central theme to addressing this essay is the distinction between formal and substantive theories of the rule of law. In order to reach the conclusion of the formal theory being proven to be insufficient, one must first appreciate the significant advantages which the substantive theory obtains. However, before doing so, I will briefly mention the importance of the rule of law in society and the requirements it needs to fulfil. Most people would dispute that the significance of law in society is to obtain justice, however justice is simply a term which is determined subjectively, it relates to an individuals moral viewpoint.
The concept of ‘the rule of law’ has been discussed by many. Professor Geoffrey Walker in his 1988 paper wrote ‘…most of the content of the rule of law can be summed up in two points: (1) that the people (including, one should add, the government) should be ruled by the law and obey it and (2) that the law should be such that people will be able (and, one should add, willing) to be guided by it’.
A major impediment of the common is the tendency to lead to perpetuity of bad decisions once a precedent has been set. If there is no amendment and the same ruling is applied, that bad decision will be subsist and will be perpetuated. Since the common law system revolves around following antecedents, it usually takes a long while for change to occur. Unfortunately, before this change is effected, the bad decision will be upheld as long as the change does not come into effect. This is one area where the codified system of law has an advantage as it is rules based approach to law making designed to provide a comprehensive code of laws for the area in question.
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
Law is the framework which applies to members of the community and sets the binding values and standards recognized by its subjects. It regulates their behaviour and it reflects the principles ...
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.
One component of the definition of justice is the final outcome of the process of the law, whereby justice is distributed by the State. According to this definition, justice is the mechanical process of the structure of law – set in place and agreed to by the people of the State. Another definition is concerned with the value inherent in ‘just’ behavior. One distinction between these two definitions is the difference between an individual viewpoint and the larger view of the society. Either view incorporates the concept of moral judgment; ‘good’ as opposed to ‘bad.’