Legal history A system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties, this is the definition of law. Although the definition of law is evident and perceptible,the portrayal and act of law varies. Throughout the justice system there are many inconsistencies such as the type of law, there is common,criminal,civil, and administrative. Throughout these systems of law there are also criminal proceedings. In these criminal proceedings, some will find that the verdict is just.
The definition of law is a system of rules that a community or country set to regulate the people apart of it. To make a law, the first step is to create a bill. A bill is proposal for a new law. Once the bill is created, it must make its way through congress. There are two stages for the bill to go through.
Laws are for the good of people for not doing a crime and getting punishment for doing a crime. One of the main laws was the feudal law. It was an agreement with a lord and his vassals. A vassal had to do military and political service while a lord had to give the vassal a grant of land. The decline of feudalism happened when vassals would team up with other vassals and override the power of the king.
The Introduction The precedent is a decided legal case, which is used as a basis for deciding later similar cases. The English Law system is a legal system where the precedent has a great weight. This law system can be subdivided into two main interrelated branches: statute (or statutory) law and common law. Statute is an Act of Parliament, which starts its life as a bill, goes through the parliament, receives royal assent and becomes law.
The laws stand as a basic understanding of right from wrong and allowed civilizations to keep the most peace among their people as they
‘The Rule of Law’ came into popularity under the hands of A.V. Dicey in the 19th Century. Aristotle, another renowned philosopher once said more than two thousand years ago, "The rule of law is better than that of any individual. " [1] The Rule of Law is ultimately, the foundation of democracy that every country should acquire for the better of their own legal systems, regardless of whether it is criminal law, civil law or public law. It is a major source of legitimation for governments in the modern world. A government that abides by the rule of law is seen as good and worthy of respect.
Throughout the history of mankind, society has defined itself by law and the order that law creates. “Laws are the binding rules of conduct or action which the vast majority of the society has to abide”. Justice on the other hand is rather an abstract concept. There is no right or wrong definition of justice, but is rather agreed upon the concept of being fair and equal. Many would assume that the sole purpose of law is to establish justice, which seems like a wonderful philosophical theory but is slightly difficult to follow.
A world without laws would take us back to the stone age meaning without them we would be lost. The definition of criminal law is a system of law concerned with the punishment of those who commit crimes. Having a sense of morality is a necessity when concerning law and also the main purpose of law. Laws let us know what is right and wrong and minimizes mischief to individuals in society. Lippman (2013) revealed The New York criminal code that sets out the basic purposes of criminal which are: • Harm.
Unit 1-1: Why We Need Laws (Konstantin Degtyarev) Law are rules for everyone to follow, laws are intended to establish freedoms, responsibilities, democratic principles and respect towards others and the public equipment. A public law is between an individual or a group of individuals and the society; whereas private law is between an individual/s and other individual/s. A public law helps establish rules between people and their community, whilst private law establishes rules between people, hence the name private.
The legal system does not follow a precedent instead it deals with each case on the individual level. It
Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.
(Yencken, D. 2008) Australia’s legal and political system meets these criteria. It is yet important to recognise that the rule of law significantly depends on legal precedent for its active upkeep. No government official may violate these limits. No ruler, minister, or political party can tell a judge how to decide a case.
In the article entitled ‘Determining the Ratio Decidendi of the Case’ by Arthur L. Goodhart, I underwent a roller coaster-like journey on exploring the science behind the nature of a precedent in English law. Goodhart started with the attempt to explain the full meaning of ratio decidendi in the simplest terms. He referred to Sir John Salmond’s definition in which I have interpreted ratio decidendi as the principle of law that is found in a court decision and possesses the authority to be binding. Ratio decidendi should be distinguished from a judicial decision, as the latter is a wider concept and contains the ratio decidendi, whereas the former is a principle that carries the force of law. In another reference, Professor John Chipman Gray
Furthermore, another disadvantage of the doctrine of the judicial precedents is injustice. The harsh rules of judicial precedents might create injustice in individual cases. Indeed, law is created basing itself on past experiences, but we should take into consideration that we are unable to build more experiences if the first case is binding. The doctrine of the judicial precedents restricts the development of the law. Since we live in a dynamic world and things are always changing, it is quite of a disadvantage to stick with a law on the experience of yesterday.
magine a world without laws, Imagine people being able to commit crimes without anything being done, Imagine how all this important information about laws and why we have them would be nothing in the world today. Crimes are committed on a daily basis, but the law does everything to help those people who are in danger of committing those crimes by stopping them before it’s too late. sometimes the crimes are committed before the law can get to them so enforcement takes the job of taking their freedom away for them. Law Enforcement is important because without it everyone would be afraid of life. Everyone needs it for as long as Humanity exists because as humans people create mistakes that can severely harm and hurt others.