INTRODUCTION
"Law is a rule laid down for the guidance of an intelligent being by an intelligent being having power over him. A body of rules fixed and enforced by a sovereign political authority." (John Austin). "Law is the cement of society and also an essential medium of change. Knowledge of law increases someone understanding of public affairs. Its study promotes the accuracy of expression, facility in argument and skill in interpreting the written word, as well as some understanding of social values". (Glanville Williams). In other word, law is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. The purpose of law is to
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Justice usually has been used with reference to a standard of rightness, Fairness is the quality of making judgments that are free from discrimination. People should strive to practice fairness. Fairness comes from the Old English faeger, meaning "pleasing or attractive." The word is also used to describe physical beauty.
Both justice and fairness are important in military community. These are because they can lead to harmony among the military community on it. These good qualities should be their main character as a military man. Officers and other ranks should not and must not make any false accusation towards each other in order to create a harmony community. According to the Armed Forces 1972, Part 5, Section 78 (a)(b), every person subjected to service law under this Act who makes an accusation against any officer or serviceman subject to service law under this Act, which he knows to be false or does not believe to be true in making a complaint where he thinks himself wronged, makes a statement affecting the character of an officer or a serviceman subject to service law under this Act, which he knows to be false or does not believe to be true, or willfully suppresses any material facts shall on conviction by Court-Martial be liable to imprisonment for a term not exceeding two years or any less
What is fairness? Fairness in law is decisions which will be made on the basis of a set of established rules that are known (Banks, 2007). For example, if there were no laws about using mobile phone while you are driving, it would be unfair for a person ...
Moral rightness and fairness are two alternate ways of saying justice. Justice is defined in a legal dictionary on law.com as “a scheme or system of law in which every person receives his/ her/its due from the system, including all rights, both natural and legal.” There are many different opinions on the law and justice systems in America, many of which are not particularly positive. Law.com also states, one problem can be found in the attorneys, judges, and legislators, as they tend to get caught up more in the procedure than actually achieving justice for the people. While others say that our law system is not interested in finding out the truth, but more criticisms can also be seen in Herman Melville’s story, “Bartleby, the Scrivener.” Melville
According to Black's Law Dictionary Law is defined as, "A system of principles and rules of human conduct, being the aggregate of those commandments and principles which are either prescribed or recognized by the governing power in an organized jural society. " Laws are what keep society from chaos and anarchy. Laws are used by lawyers to help promote "justice" and fairness, yet at times they look out for their own best interest instead. Lawyers, in general, do not have a good reputation. Social commentary can be read in literature as lawyers have been negatively portrayed since Shakespeare.
laws is to keep the bad things out from the old society out such as
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.
Fair is what you think you should have, and someone else should not have. If you do not have something that you really think you should have such as money, a car, a phone, or any other thing that you want but do not have, but someone else has the item, this is my own definition of Fair. Fair is the word people use almost all the time when they do not get their way in life. If somebody else has an item that is better than yours, for example a phone most of the time you say it is not fair for them to have a better phone than you, simply because you do not have it. Fair is just a way of saying that the person that has the item you want is not supposed to have it because you do not have the item.
Law is a social construct, which is a result of various external social influences like culture, history, politics, economy and power. It describes the society that it exists in as it is the ideologies and values of a society that are embodied as rules and principles of law. Law constructs a framework for the society, according to the goals, interests and understandings of the people of that society i.e. It reflects the ideals, ideas and ideologies of a distinct legal culture.
Of course I looked “justice” up in the dictionary before I started to write this paper and I didn’t find anything of interest except of course a common word in every definition, that being “fair”. This implies that justice has something to do with being fair. I thought that if one of the things the law and legal system are about is maintaining and promoting justice and a sense of “fairness”, they might not be doing such a spiffy job. An eye for an eye is fair? No, that would be too easy, too black and white.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.
The Rule of Law means that the state should govern its citizens, in a way which works with the rules that have been agreed on. The Rule of Law is simply a fundamental principle of our constitution. Britain and other Western democracies are different in that Britain has an unwritten constitution, meaning that our constitution is not found in a certain document but that we actually have a constitution from the rules about who governs it, and about the powers they entail and how that power can be passed or even transferred. The Constitution includes; Acts of Parliament, Judicial decisions and Conventions.There are three main principles around the Rule of Law being the separation of powers, the supremacy of Parliament and the Rule of Law. The
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
Justice can be defined as, valuing the diversity and challenging the injustice in society while human rights refer to, benefits an individual enjoys by virtual of being a human being. Justice is said to exist when all citizens share a general humanity and, therefore, experience equitable treatment, fair community resource sharing and human right support. According to justice citizens are not supposed to be discriminated, nor their well being or welfare prejudiced or constrained on the lines of gender, religion, age, belief, race, political affiliation and even sexuality.
According to Aristotle, "The rule of law is better than that of any individual”, suggesting every member of society, even a ruler, must abide by and follow the law. The rule of law is linked to the principle of justice, meaning that everyone within a society (including both private citizens and government officials) are subject to the law, and that those laws are administered fairly and justly. The intention of the rule of law is to protect against arbitrary governance. It is the basic underpinning of a free society.
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.