When we examine the definition of law given in our write up titled "Nature of law" we noticed certain important points.
Law is a body of rules. When we speak of the "the law" we usually simplify the whole of the law however it may have been formed. As we shall see later, much of enhlglish law was formed out of the custom of the people, and our English 'common law' means the universal custom of the realm which are unwritten. But a great part of the law has been created by statue. Common law and statutory law together comprise what today we refer to as the 'law of england'. (Don't be surprised)
Law is for the guidance of human conduct. Men resort to various kinds of rules to guide their lives. Thus moral rules and ethnic remind us that that it is immoral or wrong to covet , to tell lies, or to engage in private drunkenness. If we transgress these moral or ethical percept we may lose our friends or their respect. The law, however is not concerned with these matters and leaves them to the individual conscience or moral choice and the pressure of public opinion : no legal action results (except where a person tells lies under oat in a court, when he may be prosecuted under the perjury act , 1911).
Law is imposed. We sometimes think of law as being laid down by some authority such as king, dictator, or group of people in whom special power is vested. In Britain. We can point to statue law for examples of law laid down by a sovereign body, namely parliament. The jurist John Austin (1790-1859) asserted that laws was a command of a sovereign and that citizen were under a duty to obey that command. Other writers, columnist , bloggers say that men and women in primitive societies formed rules themselves , I.e that the rules or laws sprang from within the group itself. Only latter were such rules laid down by a sovereign authority and imposed on the group or people subject to them.
Enforcement. Clearly unless a law is enforced it ceases to be a law and those persons subject to it will regard it as dead. The chief characteristics of law is that it is enforced, such enforcement being today carried out by the state. Thus if A steal a fountain pen from B , A may be prosecuted before the court and may be punished. The court may then order the restitution of the pen to its rightful owner, B. The force use is called as a sanction and it is this sanction which the state administers to secure obedience to its rules.
The state. The state is a territorial division in which a community or people lives subjects to a uniform system of law administered by a sovereign authority, e.g a Parliament.
The united kingdom , which comprises a parliamentary union of England , wales Scotland, and northern Ireland , is for our purposes the state. Parliament at Westminster legislates for england , Scotland , wales and also in respect of some matters , (such as defence and coinage) for northern Ireland . Scotland has its own legal system, different in many ways from that of england and wales. And has been influenced by roman and continental ideals to a far greater extent.
Content of law. The law is a living thing and it changes throughout the course of history. Changes are brought about by various factors such as invasions , conts ct with other races, material prosperity, education , the advent of new machines or new ideas or new religions. Law responds to public opinion and changes accordingly. Formerly the judges themselves moulded and developed the law. Today an act of parliament may be passed affecting the whole nation.
Justice and law. Men desire justice, personal, social or economic. There is no universal agreement on the meaning of justice, and ideal or perfect justice is difficult to attain in this life. What man strives for for is relative justice , not perfect justice is difficult to attain in this life. What man strives for it'd relative justice, not perfect justice ; and good and wholesome laws assist to that wise laws are passed and that they are fairly administered in the court of law.
Whether a law ought to be passed or not depends on public opinion. A sufficiently strong public opinion will influence those members of parliament who have the power to legislate for a fair and just society.
Law is a body of rules. When we speak of the "the law" we usually simplify the whole of the law however it may have been formed. As we shall see later, much of enhlglish law was formed out of the custom of the people, and our English 'common law' means the universal custom of the realm which are unwritten. But a great part of the law has been created by statue. Common law and statutory law together comprise what today we refer to as the 'law of england'. (Don't be surprised)
Law is for the guidance of human conduct. Men resort to various kinds of rules to guide their lives. Thus moral rules and ethnic remind us that that it is immoral or wrong to covet , to tell lies, or to engage in private drunkenness. If we transgress these moral or ethical percept we may lose our friends or their respect. The law, however is not concerned with these matters and leaves them to the individual conscience or moral choice and the pressure of public opinion : no legal action results (except where a person tells lies under oat in a court, when he may be prosecuted under the perjury act , 1911).
Law is imposed. We sometimes think of law as being laid down by some authority such as king, dictator, or group of people in whom special power is vested. In Britain. We can point to statue law for examples of law laid down by a sovereign body, namely parliament. The jurist John Austin (1790-1859) asserted that laws was a command of a sovereign and that citizen were under a duty to obey that command. Other writers, columnist , bloggers say that men and women in primitive societies formed rules themselves , I.e that the rules or laws sprang from within the group itself. Only latter were such rules laid down by a sovereign authority and imposed on the group or people subject to them.
Enforcement. Clearly unless a law is enforced it ceases to be a law and those persons subject to it will regard it as dead. The chief characteristics of law is that it is enforced, such enforcement being today carried out by the state. Thus if A steal a fountain pen from B , A may be prosecuted before the court and may be punished. The court may then order the restitution of the pen to its rightful owner, B. The force use is called as a sanction and it is this sanction which the state administers to secure obedience to its rules.
The state. The state is a territorial division in which a community or people lives subjects to a uniform system of law administered by a sovereign authority, e.g a Parliament.
The united kingdom , which comprises a parliamentary union of England , wales Scotland, and northern Ireland , is for our purposes the state. Parliament at Westminster legislates for england , Scotland , wales and also in respect of some matters , (such as defence and coinage) for northern Ireland . Scotland has its own legal system, different in many ways from that of england and wales. And has been influenced by roman and continental ideals to a far greater extent.
Content of law. The law is a living thing and it changes throughout the course of history. Changes are brought about by various factors such as invasions , conts ct with other races, material prosperity, education , the advent of new machines or new ideas or new religions. Law responds to public opinion and changes accordingly. Formerly the judges themselves moulded and developed the law. Today an act of parliament may be passed affecting the whole nation.
Justice and law. Men desire justice, personal, social or economic. There is no universal agreement on the meaning of justice, and ideal or perfect justice is difficult to attain in this life. What man strives for for is relative justice , not perfect justice is difficult to attain in this life. What man strives for it'd relative justice, not perfect justice ; and good and wholesome laws assist to that wise laws are passed and that they are fairly administered in the court of law.
Whether a law ought to be passed or not depends on public opinion. A sufficiently strong public opinion will influence those members of parliament who have the power to legislate for a fair and just society.
Custom morality and law
Reviewed by Anonymous
on
September 10, 2017
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Reviewed by Anonymous
on
September 10, 2017
Rating:
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