Essay on The Law And Its Effect On Society

Essay on The Law And Its Effect On Society

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Law is of essence within a thriving society. Its many functions maintain a balanced equilibrium. Since the beginning of civilization, there has constantly subsisted a certain structure setting a model of behavior that should be followed. It comes naturally to the human as it typically initiates with moral obligations. Through advancements, law continues to develop with the formation of added regulations in reach of an ideal humanity. Erstwhile, law was seen through a conventional lens. It was old fashioned, strictly conceptual and abstract. Law was legislatively created, codified, legitimized and promulgated. Within court, the role of the judge was to unerringly apply the law and draw conclusions from so. They’re ultimate responsibility was to mechanically adjudicate. There must be a reasoning relating back to the legal system, elucidating the verdict. Judges used a system of deductive reasoning, whereas they begin with a premise, this is the rule of law in use. Forthwith, the rule was applied to the major specifics in the case. Considering all pieces fit together, a conclusion was drawn. For instance, a law is the criminalization of causing death upon another, also acknowledged as murder, resulting in punishment. The judge is presented with the case that person A kills person B. Since person A violated a law, the judge concludes that He will be punished. The judge applied the law created by the legislator. All things considered, through time this conventional perspective has undergone many changes, resulting into the formation of a different standpoint. Evidently in America, during the 20th century, began the eminence of legal realism. Former to previous beliefs, this perception utterly diverges. Within this nature, the judge’s ...

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...t realists perceives courts as creators of law, the coercion of legislations is unreasonable if it was not promulgated. If the individual’s past behavior becomes criminalized, a form of inequality is created. For instance, take the case that person A goes to a public area and smokes marijuana knowing it is not a criminal offence. The following day, the government legalizes marijuana due to the influence of a certain case, and person B, not being aware, publicly smokes the drug. Person B is arrested and punished for his felonious actions. If the individual is unaware of a legislation, there is no way for him to shape his behavior and avoid punishment. These court decisions are retroactive, as they are made after the fact by the courts. Citizens ultimately do not have a say. Without justice in the legal system, the development of an ideal society becomes challenging.

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