Law 421 Week 1 - Individual Role and Functions of Law Paper
What is law? This is a very patient yet elementary question that must be answered and understood. The whole notion of law relies on the fundamental definition of law as a whole. The best definition of law I found was by the famous English Jurist by the name of Sir John Salmond. His definition of law was: “The set of rules and principles used and recognized by the state in the administration of justice.” This definition by Sir Salmond is the most accurate definition of the term law. Now obviously every society needs laws. The reason is that man is a self destructive creature. Only the first of the law can keep him in check. Also a society where a rule of law prevails, only that society is civilized, peaceful and progressive for most part. Also laws are needed for businesses in order to keep businesses in check and to protect the consumers and other concerned parties thereto.
Laws create order and allow a government to instruct citizens on what is acceptable behavior. These laws provide a clear set of rules for citizens to follow and are known as public laws. Public law includes criminal law, administrative law and constitutional law. Public laws keep the members of society safe by regulating conduct and imposing penalties for malfeasance. Public laws establish agencies to enforce the laws. Private laws, such as contract, real estate and business laws, create order in business. (eHow, 2012)
As a matter of common sense it is the state that makes laws and upholds them. Also the there are two broad categories of law, one being civil laws and the other being criminal laws. In a society, we need both civil and criminal laws to uphold law and order, also to ensure that every citizen enjoys uniform set of rights and privileges. This is what separates us from the animals as a whole. Also the best part of law is that tit is fixed, certain and uniform as in can’t vary from person to person. My past experience is this context was, in 2009 I was pulled over by a cop. He asked for my license and registration. I asked him why did he pull me over? He told me I ran a red light. I told him that i didn’t because there were no traffic signals fro a 10 mile radius. When he bent down and looked at me, I remembered his face, he was an arch rival from college. He gave me back