SLC22-W1 / Basic Notions of Law
Welcome to the Steemit Learning Challenge Season 22. In this season, we continue the tradition and get acquainted with the mysterious field of “Law”. I believe my purpose is to ensure that learning about law is as fun as it is easy for anyone to understand. In this lesson based on a dynamic approach I got to know about the definition, significance of law in our daily lives. And examine further its uses.I will be able to gain enlightenment on strength of law in the systematic society and the importance of each by studying its basic principles.tion, importance of law in my daily life. By understanding the foundations of law I will gain valuable insights into how the legal system works and their relevance in maintaining order and justice and embark on this educational journey to demystify and appreciate its role in society.
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What is Law?
Law: Refers to an agreed, organized set of principles that are enforced by society or its governing machinery. It brings order, settles disputes and safeguards liberties and rights. People need laws to ensure that there is order throughout society and everybody knows what his or her rights and responsibilities are.
Examples of Objective Law and Subjective Law:
Objective Law: It is these that do not come into the category of special conditions and exceptions to one’s case.
- Rules attending road use which state that one must not proceed at a red junction.
- Penal codes that forbid taking of other people’s properties.
Subjective Law: These are rights whose exercise depends with individual factors such as disability status.
- The right to free speech.
- The right to privacy.
Practical Case Analysis:
In this case a citizen violates the traffic rules and he gets caught by a traffic policeman by running a red light. This citizen stated he took the test because he had to rush to hospital with his sick son.
- Objective Law: This is clear and clear; the rule that the traffic law has for people to stop on the red light indicates Objective Law. This law cuts across the society and there is no exception to anybody in the society no matter the state one is situated in.
- Subjective Law: Another case was when a citizen states that he was hurrying to take his sick son to a hospital; this statement may also belong to Subjective Law understanding because his actions were to be judged by his extraordinary conditions – the son’s critical health.
Here the traffic regulation which was infringed constitutes the Objective Law on the other hand is the citizen’s right to engage in an act of emeriti to preserve his son’s health constitutes the Subjective Law. The authorities can rarely achieve perfect synchrony of these laws, a decision must be made to determine if justice is being served or not.
Comparison of Law and Rule:
While laws and rules are both instruments of managing behaviour, there is a vast difference between them. Rules are that which are laid down with legal force by an authoritative body and are sanctioned by the legislations. They are general in the area it covers and attract penalties in case of infringement. Rules on the other hand, are the set standards need to be followed down in an organization or group so as to; reduce or minimize disorderliness in the particular setting. These are typically less rigid and more often than not the sanctions are related to the context in which they are enforced.
Example of a Law:
In Bangladesh, Road Transport Act 2018 is a legal instrument, which deals with management of traffic and use of vehicles on roads. Breaking this law for instance by driving a car with a fake license attract either a fine or imprisonment.
Example of a Rule:
Dress code policy on a school is a regulation. Students are restricted on what they are allowed to wear and it is closely observed to by the school authorities. If the previous advice is broken, one may end up detained or face any other consequence specific to the school setting.
Practical Case Analysis:
In the case of Mr. Juan Perez:
Violation of a Law: Mr. Perez is unlawfully staying without paying rent for three months. In most places of the world, including Bangladesh, tenancy agreements are formal legal instruments.
Violation of a Rule: Mr. Perez is also contravening a rule in having four dogs in his apartment which is against the rules of coexistence in the building. It is a regulation established by the apartment owners’ association to maintain organization and order in the society.
In summary, regarding Mr. Perez, not paying rent is a legal problem, for which they can go to court, while having pets, defying the rules that were discussed in the article as a violation of the rights of the residents, is a problem that can be solved through the owners’ association. Again, both violations show that society must obey both laws and rules to avoid chaos in society and to live peacefully.
Importance of Comparative Law:
Comparative Law It involves comparison of laws with those of other nations in the world or between two nations at most. Its importance to me lies in a few key areas:
Understanding Diversity: Legal Comparison is useful in viewing the world’s legal systems as they are.Live as we are, there is always a certain curiosity and desperate wish to know how other cultures would approach issues of justice, leadership, the society, and so on.
Improving Legal Systems:It only remains to compare laws in order to determine what solutions have already been implemented that to, guided by the experience of other countries, can be introduced into work in our country to improve the existing legal system. All these can lead into excellent and delivering laws that are in the interest of the society.
**Global Cooperation:With regard to this subject of law it is most essential to examine the legal systems of other countries in relation to the process of globalization. By doing so, Comparative Law facilitates easier cooperation as regards trade relations, human rights and the Environment.
Legal Reform: This way comparative studies will reveal the matters where our legal system is in some ways deficient, or indeed ineffectual. What has been done by other countries in order to bring about legal changes appears to shed light on the viability of the latter in a given country.
Academic and Professional Growth: To students and the legal profession as a whole the knowledge of Comparative Law introduced in our curriculum widens our horizon and sharpens our intellect. Another advantage is that a similar process stimulates students’ critical thinking processes and profound reflection on the law and its activities in various contexts.
In most cases, Comparative Law enriches concepts; fosters innovation in the search for legal propositions; and engenders mutual understanding of alien systems as well as dependency.
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20/12/2024
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