Law Current Issue

Abstract:

God created universe through a system of rulers. That is why man was tested by the giving of law. All human beings are equal before the law whether it is law of universe or law of a particular country. The factor of discrimination is not included in the principles of law. Law is basically an abstract it is not that easy to understand but it is something what you do in your daily life, for example; paying taxes, or maybe you have been called for jury as a witness for some accident etc. These examples show and prove that every day chore is like following the laws. So now the question is what exactly the law is and where it comes from?

Introduction:

Law can be defined as a system of rulers or a set of rules, made by the Government. This guides us how to act and move in society, which is enforceable by the different public agencies. It is a set of instructions applied on the nation of a particular country and are forced on the people strictly to implement on it. Even the etiquettes are also part of laws for example; like how to hold a spoon, knife or fork and in which hand or like how to present you, how to behave in public etc. these are all just like laws and everyone follows them because they want other people to be impressed from them and accept them in this society. And they also know it is right.

And if one does not follow these rules then other people look at them in a very disapproving way and they may treat them very differently, may be they became cruel towards that person. But actually government does not care about such kind of laws, government sets some rules which every person must obey them because those rules are enforced on the citizen and if a citizen does not follow those rules then he will pay a great price. A normal citizen cannot afford to disobey the law; it will result in the form of penalty as a failure injury loss or pain.

The law is not only about dos and don’ts but a system of primary and secondary rulers practiced in every aspects of life. A group or agency acts officially to enforce law. It is a rule of conduct established and enforced by the authority, legislation, or custom of a given community, state or nation. Generally in terms of law the group or agency which makes law is known as legislative body. It is used as in instrument to underpin civil obedience, politics, economics and society. It consists of vast variety of separate disciplines. Law tells us about your legal “duties and rights”. The most common and most important rule of a society is to avoid doing any kind of crime, even a simple one like stealing to big one like murder and rape.

The law is set of rules used to control the behavior of people in society.

. It tells you what you have to do.

. It tells you what you cannot do.

. And it tells you what others may not do to you.

If you will not practice the rules then you can be punished. There would be confusion without law but all the laws are not fair. There are some laws that are unfair but still enforced on citizens by the legislation. Law should be made in a democratic way so that they will be fair.[1]

Judiciary:

Judiciary is a main aspect of law; it deals with number of judges discussing the disputes and to determine the result. Most of the countries have the system of appeal courts. In United States it is named as supreme court, in Australia it is called high court, in UK the House Of Lords, in France the Cour de Cassation.

In some countries judiciary has the authority to overrule legislation.

Legislature:

Legislature is a deliberate body of person who has the authority to make some change or repeal the law of country. Common examples of legislatures are; houses of parliament in London, the congress in Washington, the Bundehtag in Berlin, the Parliamento Italiano in Rome. The process to pass legislation, majority of members of parliament has to vote for a bill.[2]

Kinds of Law:

Mainly there are two kinds of law, criminal law and civil law.

Criminal Law:

In this law, the accused person is prosecuted for committing a crime or breaking a law. If the accused person is found guilty by the court then he can be punished or sent to prison. Here are some examples of crime of this particular law.

Rape..Publicviolence.Thrift. Assault.Trespass.[3]A criminal law can be charged against anyone who broke a law. If a member of police or defense force assault you or shot you without the permission of authority, you can charge a criminal case against them.

Civil Law:

Civil law is made for the solution of your private relationships with other people the state does not interfere in the fight between private people in their personal matter.

Civil law deals with the marriage and divorce, it also deals the case in such condition if someone owes your money. The other examples of this particular law is rent agreements, elections, damage to the property, injuries to people, disputes over a hire-purchase agreements. A person brought his case to this law, who feels that he or she was trapped by another person. If the victim wins the case, the defendant is ordered to pay compensation money. Sometimes the court also orders to stop doing such as, damaging the victims or his property.

The Difference between Civil and Common Law:

Criminal law deals with the cases of public interests while civil law handles the cases of private disputes between individuals. Criminal law punishes those guilty which are involved in committing a crime to damage society whereas civil law solves a personal matter. Civil law includes the matters of contract law, family law, tort law, property law, and labor law. In civil law the disputes involve harm or injury to one part or their property which is opposite to the criminal law. If a civil action is taken by civil law the defendant is responsible for the wrong actions, on the other side in a criminal case we have to find a person guilty or not guilty, in the same way the defendant in a civil case is called to be liable or not liable for the damages.

Common Law:

Common law is one of the oldest forms of law in countries. It has been made from the laws of the old times. It is mainly a law made by the judges it arises from the judicial branch of government. Common law deals with the situations of daily life, as they occur such as, social changes, inventions, and discoveries make. The origin of common law is in England, the judiciary of England is the pioneers of common law. The United States and the other countries adopt this law from England.

The common law system permits the judges to discuss the case with other jurisdictions so that they can get help in making a decision. In the system of common law the disputes are settled through the exchange of arguments and evidence. Both sides present their cases before judge or jury. The judge or jury applies the facts to the law and conclude the decision in favor of one of the party.

Principle of Common Law:

Under the system of common law, all citizens including highest ranking officers of the government are enforced to the same set of laws. The first principle is that, one must assure the facts. Then one had to locate any relevant law enacted by the legislature and cases. Then one must pull out the principles analogies and statements through various course of what they consider important, they determine how the next course is likely to rule on the facts of present case. Further decision and other decisions of legislatures carry more weight than earlier cases of lower courts. The common law courts are not completely bound by the precedent, but can revise the law without legislative intervention.

International Law:

The two main and the most important law in international law is customary international law and also the primary source of universal law. Customary international law is a combination of two basic elements, number one is the practice of an object and the second one is the acceptance of a certain subject. International law is basically comprised of three laws; Public International law, Private International Law, conflict of laws and the law of supranational organization.

Public International Law:

This particular type of law deals with the relationship between sovereign nations. The few known sources of Public International Law Development are customs, practiced and treaties between sovereign nations. This law can be formed by international organization. For example: The United Nation, the International labor Organization, monitory fund. This law has an important status of law. The reason behind is that there is no international police force and the court cannot charge penalty on any disobedience. However there are few bodies e.g. WTO.

Conflict of Law:

Conflict of law is also knows as private international law in civil law countries. Conflict of laws deals with jurisdiction. A dispute which is legal between the private parties is heard in which jurisdiction law must be practiced. Presently the graph of businesses is increasing and has the abilities of shifting capital and labor supply across the border.[4]

Tort Law:

Tort law is basically a law that associates remedies for such crimes that does not come out of contractual duties. The example of this particular law can be given as: a person who is legally injured can use tort law to charge someone who is legally responsible for the damage. In short tort law deals with a legal injury and creates such circumstances under which the person who is guilty is charged for his illegal act. Tort covers accidents which are done intentionally.

The second example for tort law is that suppose if there is a pedestrian is hit by a ball and he get the injury by that ball, then the pedestrian can sue the person who threw the ball at him or he can make that person pay for his hospital bill and the loss he got from his work but before that he must prove that the thrower is guilty otherwise he cannot sue him. But if the thrower threw the ball on purposes then the pedestrian sould sues him for the international tort law. But if it was accidently then the pedestrian can make him care for him and pay for his bills but to do that the pedestrian should prove that his injury needs to be cared.

Laws and Law Makers:

 Humans thought and assumed that the universe runs the same way as they run their societies. They have believed this, because they have noticed that humans have created law and order and put a strict enforcement on it so that, every person must follow it whether they like it or not. And if they reject and go against these laws, they will have to face great penalty that they must pay. So when they saw their seated order they found it similar to the universe. This anthropomorphic theory is a natural pride that humans feel for themselves.

Somehow, ironically, it has been judged that the human beings are the actual source of value and hold higher position in the universe. But if we put a higher a higher set of values on them, but it should be done on the same kind but on someone greater than ordinary human being, like super human beings. Because that is the only way the deed can be done.

Society means community and community is a set of ideas, without these ideas on politics morals and ethics, the society will lose its pillars and will cause a great devastation. Every person living in the society had the idea about what is good and evil in their perception and they cannot be hidden from the society in which we live. But if men and women try to create a society without sharing, respecting each other's ideas and thoughts and will disagree to any fundamentals, the society will fall into pieces, so that means some laws are not physically available but it is our duty to prevent and follow these laws, it is the same with morals.

Historically and socially the three main problems that mankind has been facing are law, order and discipline. This problem was never been solved nor still is solve. But unfortunately the cause of this problem is mankind itself. The solution to this problem is far impossible or complicated to deal with because the arrogance is mankind's nature, and that is why the law problem has not been solved yet.

Mankind thinks that they are the absolute ruler and think of themselves as Godhead, so they created laws and order and enforced them to follow. Law is what Human kind wants but on their whim, its only discipline. That show, how they are full of themselves or arrogance, which is why they are still suffering. But now the question is how long they can take this suffering, how long they will revolve around the same absurd laws, legislates, invents, and man coin.

They can still pull themselves out of this mess by accepting that there is only one [5]being that rules and make order but no one else.

Law and Morality:

At some time it seems that law morality has no difference. But law is not that important as morality but somehow, they are not regulated by any legal authorities. So now the question arises, how someone can have a workable authority when there is no legal authority to enforce on it as they do law. Laws and rules are generally design to regulate the activities. They often do such acts that are unethical but not illegal; they do those acts privately and keep it to themselves.

If we see the difference between these two i.e. law and morality, then there is none. Because law is what the people of present society decided, means they are the one who decided what is legal or illegal according to politics. But in reality every person had a sense to judge the right and wrong. But in some cases law and morality do agree at the same time at some cases, like rape, murder, bribery, fraud etc. But in some cases they do not agree. So I think the morality is far better than law.

Absurd Law of Different Country:

The publishers of news paper The Times published 25 most amusing laws of different countries.

Australians pretend themselves to be naive people in the asserted mirror of laws. Australians have made a strange law that a citizen are not allowed to dress up in black clothes and faces to be painted in black color because they have such concepts that all the above defined getup indicates portrait of a night thief.

In Switzerland one of the weird law made by the government is to forbid the violation of flush tanks, it is a rule there that after 10 pm citizen are strictly not allowed to flush their tanks with pressure as it will create disturbance for the neighbors.

Singapore is a city which is well known and famous for its neatness, the citizen of this state are charged for throwing garbage on streets. The fine is about 600 dollars. A strange rule over there is that the chewing gums are strictly band since 12 years.

There is a state in Africa named Swaziland, in this particular state women are prohibited from wearing pants or trousers. If any woman is noticed wearing pants or trousers the soldiers snatched them off the woman and tear it into pieces.[6]

In France it is not allowed to name pig after the name of Napoleon.

Constitution:

Constitution is the basic and important part for every country. Every country have its own and different constitutions, in which there whole government runs. Constitution describes the relationship between the different parts in government and also sets the rights and rules for the citizens of a country, in which the government cannot interfere or change anything; it is like a law for the government.

Constitutional and administrative law:

Constitutional and administrative law deals with the problems of a country. Constitutional law deals the relationship with both, the legislature and the judiciary.

United State’s Constitution:

The United State’s constitution is divided into three branches, one is President or executive branch, second one is Congress or legislative branch and the third one is the Supreme Court of the judicial branch. The constitution also set the rights for the citizens too like for example; the constitution have given the right or freedom to the citizens to speak about their problems, also have given the right for their religion, protection, etc. According to United State’s constitution all the authority for making laws and decisions has given to the supreme court and no other branch in government cannot change it.

Conclusion:

Every particle in this universe is running according to law and order, without any law everything will come to an end within no time. That is why to lead a successful life one must follow and spend its life according to some order, by doing that it will take him to a great success. The same way to lead a successful country or even a small department the head of that department always put some rules and regulations and enforces them to follow, by doing that it will keep everything in peace and order. Law tells a person how to lead his life with rules and regulations.

Through law people get awareness that if they are committing any crime they can be charged or fined. Be practiced law in every aspect of our lives. However, there are some dark sides of law. Some countries forbid law on citizens which are morally illegal but the citizens have to follow such types of laws. On the other side there are some people who take the term law not seriously which causes them great penalty.

Works Cited

Aboutlawschool. (n.d.). Law. November 15, 2008.< http:// www.aboutlawschools.org >

Amazines. (n.d.). Judicial System. November 15, 2008. <https://www.amazines.com/Judicial_system_related.html>

JustAnswer. (n.d.). Criminal Law. November 15, 2008. < http://www.law.justanswer.com>

Gizamondocheats. (n.d.). The International Law. November 15, 2008. < http://www.gizmondocheats.com/law.php>

Americanhumanist. (n.d.). Law And Makers. November 15, 2008. <http:// www.americanhumanist.org >

TheMostAbsurdLaws. (n.d.). The Most Absurd Laws of Different Countries. November 15, 2008. < http://ezinearticles.com/?The-Most-Absurd-Laws-of-Different-Countries&id=697776>

Attorneygates. (n.d.). Constitution. November 15, 2008. <www.attorneygates.com/images/introlawnc.pdf>

[1] Aboutlawschool. (n.d.). Law. November 15, 2008.< http:// www.aboutlawschools.org >[2] Amazines. (n.d.). Judicial System. November 15, 2008. <https://www.amazines.com/Judicial_system_related.html> [3] JustAnswer. (n.d.). Criminal Law. November 15, 2008. < http://www.law.justanswer.com> [4] Gizamondocheats. (n.d.). The International Law. November 15, 2008. < http://www.gizmondocheats.com/law.php> [5] Americanhumanist. (n.d.). Law And Makers. November 15, 2008. <http:// www.americanhumanist.org > [6] TheMostAbsurdLaws. (n.d.). The Most Absurd Laws of Different Countries. November 15, 2008. < http://ezinearticles.com/?The-Most-Absurd-Laws-of-Different-Countries&id=697776>