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The importance of the law
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What kind of Lawyer do you want to be? Law is in place as a basis of a type of rule to govern the behaviour between people, offering a structure for society to ensure the protection of the rights of every individual. The absence of the law in place there would be an absence of order and stability in the society. With the development of a complex legal system, the law is not only rules, but is embedded with an akin of moral concepts in the society. On the other hand, lawyers are professions who ‘exercise their power in court by manipulating the thoughts and opinions of others through the skilful use of language’. I see lawyers as an exponent in upholding justice in society: as to how rights should be respected and protected, how the moral perceptions are ingrained and manifested through law. What aspires me to become a criminal lawyer is my receptivity to the juxtaposed relationship of moral and law. I agree that criminal law aids the establishment of ‘a moral imperative in civilized society’, enhancing the moral development in society through the …show more content…
Trials in camera is allowed in some classes of cases, so that the victims are not subjected to the daunting and stressful environment. YJEA 1999 provides the need for special protection for a child as complainant or witness, such as giving evidence in CCTV. Moreover, Children and Young Persons Act 1933 excludes the public from youth courts, and control the variety of representative of newspapers. It also provides that for ‘any conduct contrary to decency or morality’, the court will have discretion to order a closed trial if the witness/victim is a child. With regards to all of the above examples, it still comes well with the requirement in Article 6. This is a step towards the protection of the privacy of children by avoiding court appearance, and at the same time balancing the idea of an open trial where justice can be seen to be
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
Legal consciousness refers to how people’s different conceptions of law determine whether they mobilize or resist the law (SOC216, Jan. 26). Susan S. Silbey and Patricia Ewick disclose three narratives of how people perceive the law: before the law, with the law and up against the law (2000). Individuals who are before the law fundamentally treat legality as an objective realm that is removed from their ordinary social lives (Silbey and Ewick 2000). They believe that the law is a hierarchical classification of rules that is both majestic and impartial (Silbey and Ewick 2000). In regards to ‘with the law’, legality is described and played as a game, in which existing rules can be arrayed accordingly and new rules can be invented in order to serve the individual’s interests (Silbey and Ewick 2000). Legality is described as a “terrain for tactical encounters” where
Should I be worried that my Associate Attorney is comtiplating using “Unauthorized Practice of Law” the reason being is because he gave me a list of instructions to complete in the case of John Doe, Executor of the Last Will and Testament of Jane Doe; those instructions included 1) meet with the Executor, 2) collect all financial information regarding the assets, debts and expenses of the estate; 3) prepare the required PA Rev.1500; and 4) sign and file the return with the Register of Wills, Adams County, PA and he said that he was not going to worry about signing off on my work?
A paralegal must have good investigation skills that include interviewing, legal research and discovery management. These three skills are necessary for a paralegal to be successful in their career. When a paralegal utilizes these three skills they will prove to be valuable to their employer and the clients they are helping to represent.
Law and Society, Ninth Edition, by Steven Vago. Published by Prentice Hall. Copyright © 2009 by Pearson Education, Inc
The individuals within our society have allowed the people to assess and measure the level of focus and implementation of our justice system to remedy the modern day crime which conflicts with the very existence of our social order. Enlightening us to the devices that will further, establish the order of our society, reside in our ability to observe the Individual’s rights for public order. The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence-based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packers believed in which ones rights are not to be infringed, defrauded or abused was to be considered to be the ideal for procedural fairness.
To study law is a privilege and a gift that assists humans in diminishing the ignorance surrounding the legal system. Though it is a privilege and a gift, one individual in particular highlights the faults, he feels, are embedded within the system. This individual is a professor of criminology at the Faculty of Law at the University of Oslo (Oslo, 2008) named Nils Christie. His insight regarding the issues with the legal system will be discussed in depth throughout this paper, using his article entitled Conflicts as Property (Christie, 1977). Through reading this article, one could extrapolate, that the legal system essentially steals the conflicts from the people and uses them as property for the state. Christie’s argument holds a great amount
The usual perception of law to most individuals is a world in which many factors and external beings control a fixed system and its failure to inhabit equality and justice. The understanding and meanings of law have different definitions on social relations which explains why the common thought in mind when asked about the law is in regards to a speeding ticket or encounters with the law enforcement. However, people perceive the law differently based on their everyday life and how it effects their life in the long-run. The way people understand and experience legal authority is shown by how they engage, avoid or resist the law and legal meanings. This is catorterized as the study of legal consciousness.
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.
Crimes and criminal law have always been a sensitive subject with the people; criminal law concerns itself with issues such as morality, authority, equity and integrity – all of which are aspects on which the public may have strong beliefs; strong but suggestible. It is well known that finances, media, education and law are fundamental to a society – two of them are also inherently linked through society: media and law. The media affects society’s perspective and values which, in turn, shape the law. What is little known, perhaps, is the depth of control that the media possesses over society: it influences through language, the staging of criminal cases in popular media and through subtle, indirect means like presentation. Of course, this level of influence on the public reflects itself in society’s values and beliefs on a general scale.
All three articles examined have created a distinct analysis by which we can examine the separation of law and ethics in our society. First, the article by Sheppard examines issues pertaining to the linkages between ethics, law and justice and how society goes about enshrining these laws in a manner that ensures continuity in the face of constant change. This article demonstrates a simple but effective illustration of how ethics, law and justice is developed. First, the individual creates the conduct by which they go about living their lif...
In his book on ?The Behavior of Law? Donald Black attempts to describe and explain the conduct of law as a social phenomenon. His theory of law does not consider the purpose, value, impact of law, neither proposes any kind of solutions, guidance or judgment; it plainly ponders on the behavior of law. The author grounds his theory purely on sociology and excludes the psychology of the individual from his assumptions on the behavior of law (Black 7). The theory of law comes to the same outcome as other theories scrutinizing the legal environment, such as deprivation theory or criminal theory; however, the former concentrates on the patterns of behavior of law, not involving the motivation of an individual as such. In this respect, Black?s theory is blind for social life, which is beyond the behavior of law.
The Law today is a summary of various principles from around the world from the past and the present. Early practises of law were the foundation of the law that we know and abide by today. These practises were referred to as the Classical school. Over time however, different criminologist have altered and greatly improved the early, incomplete ideas and made them more complete and practical to more modern times. This newer version is referred to as the Positivist school. This rapid change from the classical to the positivist perspective was due to the change and growth of civilization. Even though one perspective came from another, they are still different in many ways and it is evident when relating them to section 462.37, Forfeiture of Proceeds of Crime, and section 810, Sureties to keep the Peace. The Classical School of criminology’s time of dominance was between 1700 and 1800. Its conception of deviance was that deviance was a violation of the social contract. Classical theorists believed that all individuals were rational actors and they were able to act upon their own free will. A person chose to commit crimes because of greed and because they were evil. The primary instrument that could be used in regards to the classical school to control crime was to create “criminal sanctions that instil fear of punishment in those contemplating criminal acts” (Gabor 154). Classical school theorists believed the best defence was a good offence and therefore they wanted to instil so much fear into people about what would happen to them if they were to commit a crime that even those who were only thinking of committing a crime were impacted greatly. The classical school individuals operated entirely on free will and it was their ...
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.
The criminal law takes immense part in society, including the following functions: to deter people from acts that harms others or society. Furthermore, people who do not follow the rules that are being set by the authority, they will be punished. The criminal law is there to guidance the general public on the manners of behaviour, which are seen acceptable by society. (Jonathan Herring; criminal law, page 4 eighth edition)