What Is Law

What Is Law?

Summary

                                                                                                                      By: -

Mohit Bagla

Section: - E

ID No.: - 20161235

The writer begins with saying Alex that the question that he has asked about why to study law at college is a big issue so he is writing a letter rather than an email. He, as a quick reply says that law is interesting subject however that does not imply that everyone has study law as it isn't for everyone.

The letter begins with the question "What is law?" The response to the question begins with an example. that says assume Alex, the author and other people are going on a holiday and for that have to choose where to go, how to go, what amount is everyone adding to meet the expense. and to answer these question they have to talk with each other. The author asks to draw an analogy between the idea of law and the process toward answer all the question in regarding the trip. So also our law makers draw an analogy in the same way by talking with each other to answer the question like what kind of a society we live in, what should to be the law's stand on such and such issues. The discussion is as yet continuous as the law for governing the society can't be the same till as future generation may have different positions in different circumstances however the views of previous law maker do not die and the record lives on and is used by future law makers as a kind of reference.

The Law maker consist of judges and lawmaking bodies where the judges give their decision telling what is law's stand on cases and the law rising up out of it is termed as common law. And legislature set out the principle to guide the people is known as statute law. Judges can give decision but the ultimate power for framing the law exists with legislature. For example, in the case R (Nicklinson) versus Service of Justice where the judges believed that euthanasia should to be permitted but Nicklinson turned down his application as legislation was not passed making euthanasia legal

The Rule of law:

The author here says that we should to live in a society which is governed by law and not people. For example, in the case, Entick versus Carrington, the justice kept Carrington indefinitely on suspicion of being involved in trespass on Entick's property. Presently this displays oppressively and biased the government can work when given too much power in hand.

Necessity:

Here the author suggests that the enabled government should do what is important to ensure the safety and security of their people even though it becomes oppressive and despotic sometimes. For example, in the decision of the House of Lords in Liversidge versus Anderson, the court didn't ask whether the prisoner was unfriendly or not as the Home Secretary said that there was a reasonable cause to believe it.