20 MAY 2013
What is Law?
Three simple letters. A word which very short. But still the whole world failed to find a universally accpetable definition for this word. Through out my life I have heard this short word several times. Around 8 years ago our nation welcomed a system of government called “Democracy.” With this “DEMOCRACY” everyone started talking about the freedom, freedom of expression, right to inform, human rights and many more. I was a little boy at that time who wasn’t really awared these things. But I wondered why is everyone talking about rights and freedoms they have got. I questioned myself where did all this come from? The answer was LAWS! As there is no universally accpeted definition for the word “LAW”, lets open the world’s famous Oxford Dictionary? According to the Oxford Dictionary law is defined as “The enforcable body of rules that governs any society.” There is one word we really need to know in this definition. It is ‘enforcable’. To compel observance of or obedience to. In other words enforcing means implementing. The famous web encyclopedia: Wikipedia explains law as rules and guidelines which are implemented through social institutions to govern behaviour. If we look at this definition it is clear that most of the definitions for the law have got one common word. It is “Enforcing.” This word is important because one main aim of the law is implementing. If a law is made it must be implemented to the society. In brief we can say that laws are the principles and regulations established in a community or a society by some authority usually the state and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. Furthermore we can say that law is the set of rules that guides our conduct or discipline in community and is enforceable through public agencies. It is very important to follow the laws or rules and regulations which are set for the benefits of everyone. We all should obey the laws in order to achieve developments to the society. “Law consists of any principle which is recognized and enforced by the courts in the administration of justice.” -Salmond-
“Law is the command of the sovereign and is accepted due to fear of sanction.” - John Austin- (British Jurist)
Characteristics of Law
A law is a written order or set of instructions which guides the society. One characteristic of laws which are imposed should be written in order to enforce in a society. Laws are always been imposed when it is necessary to the country. Sometimes it is been imposed in order to stop things which are predicted to be occurred in the future. Sanctions: Laws are the forcible means by which a government achieves its goals. They are coercions, restrictions, prohibitions, or commands for action that attempt to regulate or change the behaviour or status of those individuals and institutions that are subject to the law. Costs: All laws consume and divert resources. The costs to a government for the creation and operation of its body of laws are borne by the people. To pay the direct costs of laws, governments create and enforce additional laws (at additional cost to the people) to raise revenue through sanctions such as taxes, fees, and fines. There are nine principal costs of a law of government:
1. The cost of the research and design effort that is required to create the law. 2. The cost of the legislature to conduct the legislative process and perform legislative oversight of the law. 3. The cost to promulgate the law, its amendments, and eventual repeal. 4. The disbursement of funds from the treasury as specified by the law. 5. The cost to enforce the law. 6. The cost to administer and interpret the law in the courts of justice. 7. The cost of compliance: the time, labour, and funds that are expended by those who are required to comply with the law. 8. The opportunity cost, or the loss of...