What is law?

o Law is a defined set of rules derived from cultural, social and moral sources to regulate and define permissible action and acceptable behaviour in a civilized society. Law may be enforceable by the state, morally enforceable or nonenforceable. Do we need law? o Yes, law is required for the smooth functioning of human societies. Human mind is a very complex faculty. It favours convenience over any other priority. Convenience is a major cause of crimes today. A thief finds it more convenient to steal his bread than to earn honestly. A murderer finds murder the most convenient option available in the given situation and thus resorts to it. Coupled with this is a strongly rooted curiosity in our mind, which forces it, if left unregulated, to test the boundaries of its freedom by various means which may altogether be unacceptable and morally incorrect in the eyes of the fair-minded individuals at large. Law is instrumental in curbing this so called straying of mind to maintain a welfare state and protecting us from a chaotic and anarchic society. Also, within a society conflict may arise due to difference in views of different individuals leading to discrimination and subordination. A uniform system of law and order actually preserves our freedom; the same freedom that we feel curbed by it. It protects ones rights and endows one with dignity of labour and life. Is law neutral? o Law IS neutral, although its enforcement may not be. However, neutrality of law must not be confused with the neutrality of the law-maker. A law may not fall in line with a neutral society. Yet, within itself it is neutral for one and all. What is justice? o Justice is essentially the neutral and true enforcement of law to provide relief to the aggrieved parties, in order to end a conflict and reach status quo. Can law be unfair? o No, law cannot be unfair. However, enforcers of law may not be entirely free of various prejudices rooted in racist or religious differences. This is quite clearly illustrated in the book To kill a mocking bird where despite a credible defence presented by Atticus Finch, Tom Robinson is held guilty by the jury. Describe the relationship between law and morality. o Law may be partly derived from morality as a source, yet it is not completely dependent on it. Morality is subject to personal opinions and may not conform to a uniform definition. Law, however, is uniform for all. Yet, Morality is the driving force behind drafting of laws. Human conscience guides law in striving to reach a welfare state. Are all people equal before law? o Ideally everyone is equal before law. Yet, inequalities have persisted in execution of justice. These partialities of law enforcers is a direct consequence of racial, religious or gender biases and prejudices. Describe the function of courts. o Courts of law have the primary function of providing justice to one and all while exercising their powers as prescribed under the law.