Friday, May 17, 2019
Legal Framework
The Law of a peculiar(a) state is the body of rules designed to regulate human conduct within that state. This can be specify clearly as an organized system of principles and rules designed to control and influence the conduct of individuals and groups. The aim of nearly legal systems, officially at least, is to provide a means of influenced by the major forces that shaped the hostel in which they operate. Consequently there are three types of ruleRules, which forbid certain types of behavior under threat of penalty. Rules, which require people to compensate others whom they injure in certain ways. Rules, which specify what must be done in order certain types of human activity, example to form a company, to marry, or to retrace a will. Although it is inevitable that the courts will make some rules, Parliament is the sovereign body. It can therefore reduce new rules or abolish any existing rules. The basic role of the courts is to interpret these rules, decide whether they sed uce been Rosen and pass sentence or make an award of hire.Law and Morality The law, which is enforced by the courts, must be distinguished from what is sometimes referred to as natural or moral law. In many cases the rules of law and devotion clearly coincide. grammatical case If a individual murders a nonher, this offends both law and morality. The state will therefore punish the offender. Sometimes, however, the rules of law and morality are not the same. Example Homosexual behavior in private between consenting adults is not illegal although some people might regard it as a breach of moral law.The precondition natural law is sometimes used to refer to rules, which although not enacted are accepted as stir up of the legal system. Example The right of both sides to be heard (or to remain silent), and the principle that an accused person is innocent until proven guilty. Law and Justice The basic aim of law is the attainment of Justice in society. However, in some situations t he degree of Justice hoped for is not achieved. Example 1 Compensation for injuries usually depends on proving that someone else s at fault.If a person is injured due to his own fault, or in a pure accident where no one is at fault, he will not receive compensation unless he is insured. This inequality Example 2 The rules regarding mistake and misrepresentation in the formation of a set out often operate to determine which of two innocent parties must bear all of the loss. The loss is not divided equality, case to be referred LEWIS v AVERY (1971). Example 3 Sentencing policies applied by magistrates in distinguishable areas often result n substantially different sentences for very similar offences.Conclusion It would therefore be an simplism to say that most people obey the law because it is Just, or because it coincides with their view of which is morally correct. Law is besides closely related to force and authority and these relationships would have to be examined in order t o properly apologise the intrinsic nature of law, and to find out why most people obey the law. Therefore law is the most ambitious and complex classification system devised by man.
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