Principles Law Different opinions have been expressed by jurists about the purpose and performance of law. Law is a dynamic concept that changes with the times and places. It is well-known. It should adapt to changes in society.
Modern law is not an end in and of itself, but a means to an ending. The end of law is to secure social justice. Most theorists agree that it is an instrument for securing justice.
Salmond observed, “Law is an ensemble of principles recognized by the state and applied by it in the administrations of justice.”
Hobbes, Locke and others recognized the positive role immigration law played in preserving and expanding freedom and liberty.
Kant stated, “The aim of the law [is] that one’s freedom is adjusted to the freedom of others in the community.”
Holland believes that law’s function is to ensure the well-being and security of society. It is more than just an institution to protect an individual’s rights.
The law’s purpose is to guarantee justice. The justice can be either distributive or corrective. Distributive justice seeks fair distribution of benefits and burdens among members of the community. On the other hand, corrective justice seeks to right the wrong.
Take, for Principles Law has Example
The courts will order the person who wrongfully takes over property of another to return it to them. This is called corrective justice.
The sine qua non of fair justice is rule of law. It means that everyone is equal before the law, and law provides equal protection for all. Judges should provide justice without regard or favor and similar cases should be treated equally.
Principles Law has Advantages & Drawbacks
There are four main uses of law or benefits to it:
1). Uniformity and Certainty
2). Equality and Independence
3). Protection against errors
Uniformity and certainty
First, law provides certainty and uniformity in the administration of justice. It is crucial that not only are judicial decisions just but that the public should also be able to see the court’s decision in advance.
It is more important that a rule be clear, specific, permanent, and known than that it be ideally just. Because the law is predetermined and certain, people can be aware of their rights and liabilities beforehand and adjust their behavior towards each other.
Complex societies and civilisations require regulation by law. Not by individual consciences and reasons that vary from one place to another. Because the reason is so variable and constantly changing, uniformity and certainty in law are impossible.
Equality and Independence
The law is not made for any particular person or case. It does not allow for the respect of individuals, which is inconsistent with justice. All people are equal before the safety laws, regardless of their social standing or Principles Law rank.
Protection against errors
The law protects the administration of justice from the errors of individual judgment. The law is the substitution and acceptance of the opinions and convictions of society for the individuals to whom judicial functions have been entrusted. Principles Law The light of nature may not always make the principles of justice clear.
The law has another advantage: it is more reliable and trustworthy than individual judgment. Judges and human minds are susceptible to error. The wisdom of legislation, which is the wisdom of the people, could be safer and more reliable than the instantaneous fancy of a judge.
Principles Law has Defects & Disadvantages
The following are four drawbacks to property law
A legal system’s first flaw is its relative rigidity. This rigidity means that law must be applied regardless of special circumstances or whether it is right-hand or left.
These provisions are not complete. Principles Law is possible that some cases or circumstances are not covered by the law’s express provisions.
The vice of rigidity can be analogous to conservatism. The first is when laws fail to adapt to special circumstances or unforeseen classes of cases. The latter is when the laws fail to adapt to changes in circumstances and men’s views about justice and truth that are inevitable due to time lapse.
Progressive societies always stay ahead of the immigration law. A progressive society may find that the laws are inadequate to meet the changing needs of its citizens. In these cases, the existing rules might not be applicable. Changes in circumstances can make what is true today false tomorrow.
Formalism refers to the tendency to give more weight to technical requirements than substantive rights and wrongs. It is difficult to illustrate the formalism of ancient law. Modern formalities Principles Law include registration and attestation.
Complexity is a Given
Unnecessary complexity is the fourth defect in law. Principles Law Excessive development of a legal framework makes the law more complicated. It is difficult to comprehend the law. It is difficult to comprehend the law because of the tendency of lawyers to make fine distinctions.