The English Legal System: Why, How Laws are Made
THE ENGLISH LEGAL SYSTEM Before one considers what laws are and how they are introduced into a society or a circumstance, it is necessary to consider… WHY WE HAVE LAWPeople’s behaviour, sometimes, may lead to generally undesirable outcomes, injurious to one or more others physically or as repugnant. People have sought to establish some rules, to enable the smooth functioning of the societies in which they live, of a kind that themselves can sanction to avoid chaos.WHAT ARE LAWSThe set of rules that regulate behaviour are laws; and those that regulate human behavior in ways that they can be legally sanctioned if breached are men’s Legal Laws.What the should be the basis of such rules, the extent of the limitations on man’s actions, who and how should decide and organize them, apply the sanctions -with what safeguards against injustice and as defined by whom and how, and the growth o easy guitar songs f society -necessitating variations of them, and other such considerations, are essentially, also part of Law. There has been the Authoritarian View -that law’s intention should be to prevent wickedness, and the moral welfare of the society; and there has been the Libertarian View -that private morality and immorality is one’s own business and not of law: e.g., the Misrepresentations Act 1967.THE AIM OF LAWThe Libertarian view has been mostly preferred, aiming to ensure two things:-1. Primarily, with minimum conflict with natural law, rules for the survival of the society (e.g. regarding murder, theft -mostly criminal in nature), against human greed and aggression.2. Secondarily, to make allowance for growth, and complex situations by way of…a. A system of adjudication for the settling of e.g. mercantile disputesb. A system of who and how to change the rules as and when necessaryc.
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