law essay introduction
The Importance of Law in Society
Firstly, it polices the society by enforcing rules. At any one time, laws are a reflection of the forms of justice and moral codes upheld by that society. Law is a system of rules and guidelines which are enforced through social institutions to govern behavior. Laws are made by governments, specifically by their legislatures. At this early stage in the creation of law, the law was not a system in which laws were outlined and enforced by a body of authority. Instead, these rules were spread through communities, families, and individuals. These rules were often not universal, and it was at this point that wars and conflicts were created treaties and agreements between societies. This was an early form of law creation which aimed to seek justice in retribution for some form of wrongdoing. The victors were always seen to be on the side of justice. The loser then needed to face punishment or some kind of restitution for their loss. At this point in history, there was a clear understanding that for a set of rules or laws to be enforced, it needed an authority figure and system to ensure punishment for those not adhering to it. This was the creation of early law enforcement.
Way back in the earliest societies, it was clear that rules were necessary. Evidence shows that in the earliest human communities, people were bound by rules of some sort. As communities became larger, it was clear that a universal set of rules was necessary. Thus, the creation of “law”. Although at this early stage, law creation was somewhat sporadic, there are several reasons why societies needed the use of law.
Law also directly or indirectly affects consumer and safety laws. These laws are designed to produce safe and ethical standards in the production of goods and services available to the general public. Any consumer who sustains injury from faulty goods can seek compensation. This also prevents any harm occurring to the public and their property. This is significant as these steps developed through the legal system can reduce incidences of harm and enable individuals to satisfy basic needs with less risk. This can also be applied in Administrative law and health and safety standards.
Law is a primary cornerstone in providing individuals with their basic needs. It offers guidelines and principles on how to go about fulfilling their needs in an efficient way. One example of this would be Contract Law. This provides individuals with a method on how to exchange services or goods in a binding agreement and also providing a remedy in which the party that has been detrimented can seek compensation. Through this, individuals can satisfy their basic needs without the fear of harm or deceit from others.
Law is the protector and controller of society. The role of law is important in just about every aspect of life, not just criminality. This is so because of its aim to regulate society. The rule of law is essential an element of a modern democratic society, and a guarantee of fairness, protection of liberties and equal rights before the law. An effective legal system is necessary in enabling a society to thrive and remain stable.
These principles can only exist in a society which has an understanding that all are equal and have equal access to the mechanisms of administration and justice. They act as a standard which a society should aim to maintain. It allows for societies to be held accountable, ensuring that the administration and creation of the law does not violate the fundamental principles and standards of law. The actuality of this can be very different among the various societies in the world, but the existence of these principles provides criteria that can be aimed for. Yet a society must understand that by being dynamic and moving through times of significant change, a shift in power between different groups will often see these principles violated, and it is at these times that it is most important that the adherence to the rule of law is maintained.
Conclusion The rule of law is the main principle of civil society. Law ensures that decisions are made according to a set of rules, which has been agreed upon by the community. The strength and success of the law and how it can bring about change to a society is based upon the process, fairness, and justice that is delivered. Many societies are not democratic and have often entrenched and unchanging laws that do not benefit modern society. Due to this, there is always a struggle to distinguish what is right and wrong, and it is the application of the principles of law that can provide a method to test the validity of the existing law and its effect on society.
When people talk about the challenges in the legal system, the first thing that comes to mind is the cost. These costs can be overwhelming to a great many individuals and this in turn may mean that their rights are limited. There is a number of costs that are incurred as part of the system. These can be court fees, legal fees, and the costs of time of the various individuals involved in the legal system. For example, when a witness is called to appear in court, not only are they making a sacrifice in the time that they could spend elsewhere, they are also making a sacrifice in monetary terms. If the witness is employed, then their opportunity costs are extremely high. If the witness is an expert in a certain field, then the cost could be measured on a wider scale in terms of the impact on society, not just on the individual themselves. Any costs incurred as part of the legal system are costs to individuals, and these costs may not be recoverable. This can be particularly significant in civil cases. For example, an individual may win a case against another party only to find that the costs involved outweigh any cash settlement which may have been awarded. Finally, the costs of the legal system are also costs on society. This is because the legal system is paid for out of taxation. Any costs which the legal system incurs will equate to a higher tax for the citizens of society.
Under Intellectual Property Rights, one course should be introduced at the undergraduate level, as IPR is going to be the future of law. Apart from all laws, there should be clinical legal education in consumer matters and tax matters. There should be various societies for different laws, which will go into a detailed study of that particular law. We have seen that more importance is given to mooting competitions, which is just a waste of time, money, and energy because the majority of students don’t know the basic concepts of law. Therefore, the standard of legal education remains a matter of grave concern.
It is high time that the legal education should be made pragmatic and contemporary, where it will not only be purely theoretical, but there should be emphasis on clinical legal education. There should be a lot of moot courts where law students can have practical training in the environment in which a lawyer actually pleads. Importance should be given to legal aid, and there should be provisions for the same in universities. Legal aid should not be considered as charity. We have seen the deplorable condition of legal education, which came to light when the Bar Council of India conducted the All India Bar Examination. Majority of the law graduates could not qualify it, raising questions about the standard of legal education. As a result, the BCI revoked the certificates of various law graduates who obtained their LL.B. degrees from different universities. Legal education should be streamlined, and there should be only one regular stream of a 5-year B.A LL.B. degree. Importance should be given to the practical aspects.
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