Law is a systematic system of rules developed and enforced by government or social institutions to govern behavior, having its exact definition constantly in debate. In layman’s terms, the law is the way things are and the way they should be. It was differentially defined as the art and science of right conduct, usually with a moral dimension. Constant thoughts in your head how to become rich and successful? With the new gry hazardowe online za darmo you will receive an answer!
It is acknowledged that there are two essential pillars on which the structure of law is based: religion and society. Religion, in the broadest sense, refers to any system of thought that upholds and supports morality. A number of philosophies under this category include utilitarianism, deontology, ethics, sociology, and political science. The moral codes are derived from those set down by the religious scriptures. In the modern era, however, most laws are derived from general principles of human ethics.
In its social function, the law is normally adapted to maintain social peace, order, and morality. Within society, it prevents interpersonal violence, discrimination, and abuse of power. Some legal systems are based exclusively on universal moral values, while others develop laws with reference to the particular societies in which they operate. Civil law is a body of law whose jurisdiction is exercised in the courts of civil bodies such as government, society, and local governments. Criminal law, on the other hand, is that which is used in criminal trials involving the state against those who have violated the public law. Criminal laws cover acts of a criminal nature, irrespective of societal conditions.
There are three major branches of the legal system: executive government, judicial branch, and legislative government. Executive government authority is granted by the constitution and is granted in response to acts of both Houses of Congress. Judicial power is exercised in court-martial, military commissions, district courts, and probate courts. Legislation is carried out through both Houses of Congress through either house of the legislature.
The jurisdictions established by civil law include common law as well as privileges and immunities carved out by federal laws. Common law includes judgments and awards made by judges, magistrates, or other qualified officers under the law of general jurisdiction. Civil law governs disputes between individuals, corporations, and the government over matters relating to private rights, property, and rights of conscience. It also involves private parties such as employers, creditors, and landlords and other organizations such as labor unions.
Many nations have developed a hybrid form of civil law, referred to as criminal law, which incorporates elements of civil society and criminal law. Some nations utilize the systems of criminal and civil law and use one system or the other but not both. Developing a hybrid legal system has advantages for the nation concerned because it may provide a more flexible system that respects the interests of both the government and society in contrast to the development of a distinct system that favors a government view on issues of public concern.
The development of justice requires social consent and political legitimacy. In many cases, the majority of a society does not share a set of values or a moral code that could guide its actions. This lack of social consensus hinders attempts to develop just laws because those who do support legislation to do so only after they have been provided with sufficient justification for doing so. For example, most citizens would support legislation that seeks to prevent violence against women and to protect children from physical and sexual abuse. However, a section of the society that lacks political or financial capital to fund programs that prevent domestic violence may balk at the idea of funding legislation that seeks to prevent domestic abuse because it would mean cuts to important social services. Such a stance is not inconsistent with a commitment to justice and moral obligation.
Justice and moral responsibility require that individuals recognize their obligations to obey the law. Just laws can’t be self-legislated or justified in any way. Justifying a law by appealing to a higher, authoritative source such as the Supreme Court is morally wrong because the decision is made by the masses through elected representatives, not by an all-wise all-knowing God. Justice and morality depend on an obligation to obey the law, which includes not just obeying but also defending the law when it is being unjustly violated. In this respect, a commitment to justice and morality is inimical to the interests of any one group or individual.