Sunday, September 11, 2016

Why not uniformity in definition of law?

Why not uniformity in definition of law?

law is dynamic and changeable:
Law is made for the society and it is implemented there too. As we know society is changeable, the law also changes with the society. New development in the society create new problem and law has to cope up with those problem instantly. E.g. the cyber crime and hijacking of plane were not there in the past. But it is the problem of the present society and law has to address this kind of problem.


On the other hand, it varies time to time and place to place, what ever activities are prohibited in U.S.A might not be prohibited in Nepal. And whatever activities is treated as illegal in Hindu community might not to treat as illegal in Muslim community.

Thus the single definition of law couldn’t be found and all the writing, views as to what the law is equally important to understand about the law, we could not say one is right and another is wrong.

Solution

Since the law is dynamic and changeable it can only elaborate rather define. Thus to know about the law we can adopt the three dimension of approach of law. Those are
1. Law as a means or living instrument of society that guide the social transformation.
a. Superstition to reality
b. alleviating bad practices and transform to the good practices, like Sati system, Ordeal system.

 2. Law is an instrument to protect people from societal disorder and anarchy. That means it always in line with the establishment of peace and prosperity in the society. E.g. Law prohibit strong person to exploit or suppress weaker section.


3. Law define basic rights and duties of both state and individual, that makes the relationship between state with individual, individual with individual. E.g as a individual you have right to enjoy your property, liberty, culture and you have duty to maintain social order and respect other culture too. State has duty to protect its people and provide them development and has a right to collect revenue and punish the offender too.

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