why law essay

why law essay

The Importance of Law in Society

1. Introduction

The arguments. The case for law has been argued at various times by appeal to natural law, various theories of distributive justice, and especially in the modern period, by considerations of the best forms of governance, and how to secure the highest quality of life for a state’s citizens. In examining different arguments it will be seen that some are weak, but others have a force. The arguments will be assessed in terms of their different applicability to various kinds of state and to the interests of different members of society. Many modern proponents of natural law or natural justice arguments have difficulty in defending those theories, and it is not to be presupposed that law is always for the benefit of all. But if there exists any dissatisfaction with the way a state is run, or with the distribution of power or resources, there may be change possible through the manipulation of legal rules, and it can be presupposed that the unsure or dissatisfied will want to have further opportunity to see changes effected. Contentment with one’s present provision is no less a feature of the wealthy and powerful, and they too may have reasons for seeing to it that there are no possible challenges to existing conditions. There are not infrequently conflicts between the most and least powerful members of society regarding the allocation of resources to more powerful groups for some common purpose such as defence.

The problem and the aim. The rule of law is a doctrine which upholds that it is the will of the state that the law be obeyed, and that all members of society are subject to the law. Some of the consequences of the general acceptance of that doctrine have been the limitation of discretionary power, the equal subjection of all classes to the ordinary law administered by the ordinary courts, the liberty of the individual in his dealings and the security of his person and property. The realization of the doctrine can involve many detailed propositions. This essay is confined to considering whether it can be conducive to good governance that a state should be subject to legal constraints, that those in authority should be bound by law, and that there should be equality before the law. The specific issue raised involves considering some general arguments advanced by proponents and opponents of the rule of law, backing those arguments with historical and contemporary evidence, and weighing the overall assessment of whether law is a useful constraint on those holding and exercising public power.

2. Role of Law in Maintaining Order and Justice

Egoistic human beings do not know how to live in peace. They are constantly engaged in pursuit of personal ends. In order to realize their selfish ends, they would not hesitate to employ all sorts of violent and illegal methods to harm each other. There would be no security of life, property, and honor. The weak would be at the mercy of the strong. It is the law which protects and guarantees the equality of all before the law. It is only through the law, the modern concept of the rule of law and the welfare state, that man’s noble ideal of justice can be achieved, i.e., protection of rights (or in modern terminology, human rights), life, and liberty, and the public welfare. So it is only the law which has the real power of transformation. By providing the right environment, the law can help the society in the process of social change. But the proper role of law can be effectively played only when there is a society which the law shall serve to improve, and a State which shall create and maintain the conditions in which justice may be realized. The law and order is the condition in which justice and the equality of law has been achieved.

The law is associated with the end of chaos and the establishment of order. In the absence of law, the world would have been a wild place, where peace would have been absent. There would have been strife and anarchy everywhere.

3. Protection of Individual Rights and Liberties

In any society, the law is of great importance as it serves to protect individual rights and liberties. The law has given great importance to the individual rights and liberates, placing them in the Fundamental Rights of the Constitution. This can be seen in the Malaysian Constitution, which begins with a part on the Fundamental Rights. It is important to have laws that promote justice on an equal basis and protect the weak and the minority. Some fundamental rights and liberties are enshrined under the Constitution to ensure that a person gets fair and equal treatment, and in the event of a denial, can seek legal redress. The sanctity of a person is seen under Article 5, which says that no person shall be deprived of their life and personal liberty save in accordance with the law. This means that a person’s life and liberty are most precious and cannot be arbitrarily taken away. Any person who is unlawfully detained can file a writ of habeas corpus to test the validity of their arrest and seek to be released. This is an effective way to check on wrongful imprisonment by the authorities. This was held in the case of one Raja Khan, a suspected communist who was detained under the Emergency Regulation. He filed a writ of habeas corpus questioning the validity of his detention. A judge allowed the application and ordered his release on the grounds that he was detained under a Regulation which was ultra vires the Constitution. Habeas Corpus, the right to personal liberty, is indeed one of the most important mechanisms for a person to gain their freedom when unlawfully detained.

4. Law as a Tool for Social Change

In “Utopia,” Sir Thomas More examined English law and the political system. More believed that a ruler should be judged by the laws he himself obeys. This is rather a high standard, but the validity of the rule is measured by the very same stick. If laws are a tool for social change, the validity and success of a law can only be judged by the extent to which it achieves the purpose. A law which fails to provide a desirable result should be abandoned in favor of one which does. A ruler who changes laws for no reason other than self-interest or the interest of a selective group is in breach of the social contract, and as a result, More is correct in advising replacement of that ruler authored by a new social contract and subsequently new laws.”

“The technology of law is the technology of social change. When we use the word change, what we actually mean is improvement. Laws are guidelines which the people in society must follow. They hold some higher standard. That higher standard is the value system of the society, and law is its tool for making that value system a reality. Every law has a purpose. Whether one believes the purpose to be valid or invalid, all law has an intended result. At a most basic level, laws are created to secure an order or pattern desired by the individual, group, or whole society. Laws can be used to maintain the status quo or change it. Usually, the status quo is desired by those in power, and when there is a discrepancy between the objectives of the laws and the result, the laws will be changed to achieve those ends. The most common reasons for law change are beliefs that the current law does not achieve the stated aim, changes in ideologies, and needs change in the means to the end. Usually, laws are changed to reflect the present beliefs and values of the society. High ideals are often written into law before the society is ready to accept them, and such laws, failing to provide a concrete means between new behavior and old values, should be left unenforced or replaced.

Law is a tool for social change. It is a mechanism by which one can achieve a social end. Laws are created and enforced by those who have political and social power. In “Weapons and Hope,” Freeman Dyson wrote:

5. Conclusion

In ancient times, the kings were the lawmakers of society. They governed as they wished and were not bound to the society for any activity. There were no checks on the ruling of the king, so justice was generally denied and powerful individuals had an upper hand in society. In this type of situation, it was rarely presumed that people wanted justice with equality. Gradually, the complexity of society increased and changes in social, economic, and political conditions began. The need for a new ‘tool’ to govern society emerged. The kings themselves, due to proposed changes, made laws for society. There were separate laws for good people and bad people. But this effort laid the foundation of the concept of the Rule of Law, as even the king and his men were bound by the rules specified in the laws. The concept of equality before the law and the investigative trial emerged. Then people were governed by the ruling of foreigners, and this continued until independence. So Indians too learned the rule and value of law. Today, it is well settled that a strong system of law is essential for society.

Law is a complex instrument to manage society in an orderly way. Law is a system of rules and guidelines that are enforced through social institutions to govern behavior. It is written to implement justice in society. The word ‘law’ is derived from the Germanic word ‘lag’, which means “something laid down” or “fixed”. Law changes with time; it is not a static quantity of rules. Law is made for a specific purpose. According to the Constitution of India, it is a legal document with special legal sanctity that sets the framework of the government, which is all-pervasive, and specifies the type of government and the objectives it is to serve. Law has protected basic humanity through certain basic human rights, which were first established in the Magna Carta in 1215. Laws enforce those rights. The heinous act of the terrorist attack on the World Trade Centre on September 11, 2001, raised a global issue of the human right to live in a secure environment. Law is a bridge between people and government; it creates responsible governments and aware citizens.