law essay introduction example

law essay introduction example

The Importance of Law in Society

1. Introduction

Now that the purpose of law has been made clear, the next step is to measure the importance of laws in society. How relevant could they be as an instrument to achieve these goals?

Many changes have taken place since the independence of the country with a spurt of growth and development, and these have led to changes in laws for several reasons. Economic reforms, scientific and technological advancements, and the globalization of world markets have called for changes in the laws prevalent in the country today.

We all know that there have been many advancements in human societies across the ages. Some of them have vanished, but many of them have been adopted. The reason is that the surviving ones have been proven to serve as easier and more effective means of achieving objectives. Take, for example, the system of currency. The barter system was an old means of exchange and was later replaced by the system of currency. The introduction of money as a medium of exchange has made transactions simpler, more effective, and more efficient. Similarly, the laws that are made are an outcome of the needs of the people of the country. Therefore, it is best understood if laws serve as an instrument to achieve goals.

Law and the legal system are essential in every society for a stable and well-functioning social structure. Society cannot function without law; it is the very cement that holds communities, cities, and our nation together. It is an essential part of modern day-to-day life, a set of established patterns of behavior that help to keep peace and order in a place. Laws were created to help people live together without running into conflict, thus emphasizing the importance of law.

2. Role of Law in Society

Medieval India saw tremendous oppression and exploitation of the people by the rulers. During this period, Muslim rulers came to India and brought with them the Islamic laws and courts applying such laws. Justice was not done according to the laws of the land but according to the whims of the ruler. The British rule, however, had a significant impact on the system of administration of justice in India. They brought the present system of judicial administration and laws, which are based on justice, reasonableness, and equity. The Penal and Criminal Procedure codes and plethora of laws are a result of the British System. After independence from colonial subjugation on 15th August 1947, India endeavored to revamp its legal system.

In the early Vedic period, the accused was not considered guilty unless and until his guilt was established. The primary aim of this system was to make the offender realize his mistake and to prevent him from committing the offense in the future. There was no concept of punishment in those days. Furthermore, the inquisitional system prevailed and the accused was subjected to hardships and tortures to extract the evidence from him. The evidentiary value of a statement was given much importance and visible evidence was neglected. And in case where no evidence was found, there was a trial by ordeal. This system was prevalent during the Mauryas and Gupta period. Another feature of ancient India was the prevalence of the Dharma which was above the King even. It was a set of rules and obligations for individual and community life.

3. Benefits of a Well-Functioning Legal System

Law allows a society to protect and provide for its members. This involves rights of passage to opportunities and benefits such as employment and housing. Primary needs such as health and education can be secured because the legal framework provides a mechanism to set priorities and strategies for their provision. Law can also play an educative role by informing us of what is acceptable behavior. This is done through statutes, laws, and regulations, as well as giving us examples through the punishment of offenders that are harmful to society. Law can also encourage certain behavior, and controls serve to determine what type of behavior is beneficial for society. It also facilitates planning and minimizes the disruptive impact of frequent changes in the rules of the game. These are vital to any society, to a person, and to the cohesive and beneficial existence of humankind.

The benefits of a good legal system are not to be underestimated. A well-functioning legal system has the ability to enhance and protect, to achieve justice, to resolve disputes, to maintain order, and to protect individual liberties and human rights. It ensures that the application of principles and the law is consistent. It provides a mechanism for the resolution of disputes and enhances the general quality of life. People within a society will be protected from external aggression, and the safety and security of their daily lives will be maintained. As a result, freedom of movement is ensured. Peace, derived from such security and freedom, facilitates the development and maintenance of a country and acts as a vital prerequisite to the realization of any of the other essential benefits. This all leads to national confidence and self-esteem.

4. Challenges and Criticisms of the Legal System

The very nature of law is another challenge to itself. Law is an instrument of social change, and as society is not the same at any one point in time, law is faced with the need to change its rules in order to effect an intended change in social policy. The difficulty is that a law dated yester-year will no longer be suitable for said change and lost, or perhaps there are just too many laws on the books for the change to be easily identifiable.

Discretion, or the legitimate power to make a decision, has always been an unavoidable part of the legal system, and as the example illustrates, its application has often conflicted with the law’s own objectives. From the cricket bat case to the highest levels of government, the law has always been more readily accepted by some persons and organizations than others. More often than not, the reasons for this will concern self-interest. Given that an individual has a set of interests that they seek to protect, they will only support those laws which uphold said interests, and they will view those which conflict with their interests in a negative light.

An example of this is the police officer who is unable to decipher whether a particular instance of domestic violence requires an arrest or just confiscation of the offender’s cricket bat. The difficulty arises because no set of rules can cover every possible situation, and to a large extent, discretion calls upon the officer’s personal value system and the extent to which he identifies with his job role. This officer is likely to encounter further difficulties should the case be brought before the courts. If he is called upon as a witness, it may become apparent that the reason he followed his superiors’ orders to arrest the offender was not because he necessarily thought it right, but because the offending party struck a neighbor who promptly phoned the police chief. The police officer in question will now have become a victim of one of the greatest challenges to the law – that in upholding the rule of law itself.

When considering the ‘real world’ validity and possible shortcomings of the law, it is necessary to separate the ideal version of the legal system with the real one. This is not to argue that law is not a good thing or that the rule of law is merely a tool of the ruling classes. The point is that when society involves itself in the process of law making or with the judicial system, it is doing so with an awareness of the law’s benefits and an intention to see these benefits maximized. This necessarily occurs against a backdrop of problems in the substantive law and the rule of law in practice. These problems will affect those who use the legal system, whether directly or indirectly.

5. Conclusion

In recognizing the need for a more effective legal and justice system in the world today – we need only look to recent events in places such as Cambodia and the former Yugoslavia for evidence of this – steps can be taken to implement law into our society in such a manner that it will best serve the interests of humanity. For law has the capacity to be a powerful instrument for change — not through its nature, but through its application. To study law is to understand its power and its effect upon society. But as history can have a tendency to repeat itself, humanity must be willing to learn from it. By understanding the true nature of law and its effects upon society, we can then begin to unlock the key to setting in place ‘rules’ of conduct for individuals, groups, and nations, thus proving that the ideal and the reality of law can be two sides of the same coin. Identifying future problems and taking steps to prevent them from occurring will enhance this.

After viewing law and its applications in modern society, I believe it is as important as I had previously thought, if not more so. Its value is in its ability to regulate. Without it, society would have no way to succinctly and successfully regulate proper conduct and thus ensure that justice is upheld. Through its ability to protect the weak and innocent, maintain order, and control and limit the behavior of individuals and groups in the best interests of citizens, law is a vital and important tool in modern society. Without it, society would be a dangerous and disorderly place to live, and without the rule of law, its very existence can be at stake.