Laws

Law are a system of rules and regulation designed to put limitations on actions that can be hurtful to society, groups, or individuals. It explains the responsibilities one has to society. Without law, there are no limitations to the actions of men. There is anarchy. Laws are instruments of government and social control that protect and regulate the life, liberty, and property of groups and individuals. Laws are written. They are a function of the development of civilization. They shape politics, and the other social interactions between people. Laws are abstract if left unenforced; for a law to be successful in doing what the contents of the law denote, it must be enforced. Laws are enforced by many different types of institutions like police, military, or other government law enforcement organizations. There are laws to regulate all forms of human interaction: Criminal law, tort law, contract law, laws that enumerate civil and human rights, property law, and many other disciplines of law.

Laws shape a society but laws can also change according to the needs of a society. Laws are supposed to be statements of fairness and justice within a society. The bad will be punished and the good will be rewarded or left alone by the state. However laws do not always reflect this ideal. Therefore, necessitating the need for a law to be abolished or amended, thus laws are flexible. A good example of the flexibility of law is the act the of civil disobedience. Civil disobedience is the nonviolent intentional breaking of a law in protest of the injustice of the law.

Laws are language and language has many limitations in depth of meaning and determining the intent behind the law. Laws are never accidental; however, the language of the law is sometimes unclear and needs clarification. That is the duty of a judge in a court of law. Judges must interpret the law according to their understanding of the language and the intent of the men and women who wrote the law. In addition to understanding the law itself, a judge must also understand circumstances and issues that surround one’s breaking of the law. Judges are ethical philosophers of justice and the rule of law. Lawyers serve a similar purpose in interpreting the law. They are learned in the nature of law and use that knowledge to convince the judge of their interpretation of the law or the circumstances surrounding a given case.

There are three systems of law by which law is organized and interpreted by lawyers and judges: the Civil Law (or Roman Code), Common Law, and Religious law.

Civil Law

Is the dominant system of law in the world. It has its origin in ancient Rome. Laws function in a positive manner. Meaning that the grammar of the language itself is put in the positive. A person is free to do anything explicitly said in the law, anything pertaining to the law that is opposite is prohibited. There is no such thing as case law based on judicial decisions. The system of law is judge oriented. Judges are given the most power in the interpretation of the law. Judges are not independent of politics. In criminal matters, the presumption of the defendant’s culpability of the crime is guilty until proven innocent. France, Germany, Japan, Korea, and all Latin American countries follow this law.

Common Law

Common Law is a tradition of law that originates in England. Most power is placed in an experienced lawyer. There are catalogs of judges’ decisions in previous cases that have the force of law in similar cases that will arise in the future. Judicial branch is independent from politics. In criminal matters, a alleged criminal is presumed innocent until proven guilty. The United States (except Louisiana), Canada (except Quebec), Australia, and the United Kingdom (except Scotland) all follow this system of law.

Religious Law

The common system of law in the Islamic world. Its laws are informed by religious documents and case law. Lawyers play a secondary role and judges receiving religious as well as legal training. The presumption of guilt varies on the criminal act. Judges can be both dependent or independent of politics. This system of law is followed in Saudi Arabia, Afghanistan, Bangladesh, Gambia, Iran, Libya, Mauritania, Morocco, Oman, Sudan, and Yemen.