Wednesday, April 29, 2020

An Introduction to Law


Justino Garcia
What is the law?

In simple words, the law is a set of different rules and regulations that are created for a society to make sure that the people live with peace and security. They are made according to the culture, religion, history, cultural practices and social habits. These laws also play an important role in forming the constitutions as well and are made and enforced by various institutions. These institutions include courts, police, parliaments and sometimes the leader of the society as well. Every act and action that is allowed is considered as legal and every act and action that is not allowed according to the set laws is called illegal. There are also different punishments set for individuals who act against the laws that are specially designed for them. The laws that are made are enforced by the help of police, courts and other law enforcement agencies which make sure that nobody is violating them and the ones violating them are caught timely. Although at times amendments are made in the previous laws the laws that were created were divided into different types. The basic introductions to the most common types of laws have been given below.  

Different types of laws:

  • Criminal law- This law is used to make sure that people avoid serious and heinous crimes and to punish those who commit them.
  • International law- As the name suggests international law mentions the various rules and regulations that countries should follow while interacting with each other in different areas like environment, trade, borders and in times of war as well. At times sanctions are also placed on the ones who break certain laws.
  • Commercial law- Laws that are related to business, trade, and commerce and business transactions fall under this type.
  • Family law- This type handles laws related to families, their relationships, divorce, adoption, and custody and parental and children rights.
  • Labour law- These laws talk about the laws and regulations regarding the relationships between employees and employers. What steps should be taken or what kind of paperwork should be done before hiring, for how many hours a person can work. Every country has its own set of labour laws which it follows.
  • Intellectual property law- Also known as copyright this law talks about the rights of people they have over the materials that are created and owned by them and how it cannot be used without their proper permission.

Disadvantages of Law


Justino Garcia
Role of Law

Laws are made to protect the community and make sure that they live with peace and harmony but not everything is as simple as it seems. There is a concept of the advantages and disadvantages involved. The concept of advantages and disadvantages is simple meaning that where there are advantages there are disadvantages as well which at a time instead of helping the people out turn out to be a problem for them and they have to face the consequences of it. 

Disadvantages

  • Rigidity- This is one of the top disadvantages. Laws are made in a certain time and time does change. It is a natural phenomenon that rules are changed according to the changing times but the laws that are made are not changed. They are made so rigid and it’s very difficult to change them due to which some people have to face problems. 
  • Absence of a law- There are almost all types of laws present in the world related to almost everything but with the introduction of new crimes new illegal acts, all kinds of laws are not always present everywhere. For example, it is possible that an illegal act found in a certain country is not found in another and therefore no laws are present in that particular country about the crime. So if the situation of an accused has to be analyzed, rules from other countries are followed which might be contradicting the other laws present in the country. 
  • There are Complex laws- Efforts are always made to make sure that the laws that are made are simple and not complex at all but as it turns out that it’s not an easy task to make sure that all the laws that are made are simple. It is sometimes due to the nature of the complex modern society that laws are made complex which causes further problems for the one who is not able to understand them in a time of need. 
  • Some are conservative by nature- Time, people and society changes and with it so should many other aspects of the society. The existing law which is made in the past sometimes needs an update according to the new and advanced society but it does not always get that and the society along with its people have to face laws that are good for a conservative society but for a progressive one. 
  • Formalism in laws- When technical objections are raised on laws, a lot of valuable time is wasted which can be better used in discussing the merits of the case and making sure that justice is served. It is then that the law suffers and justice is delayed.