SLC22-W1 / Basic Notions of Law
Friends, welcome to my first publication (SLC 22 WK 1).
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| Say in your own words and based on what was explained in class: What is Law |
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The word Law has been used in so many instances, and each time it is mentioned, it drives some sense of orderliness and state of what should be and how it should be. The word clearly shows those norms and values that are legally framed for a given people or society at large.
It is that framework that is put together to help strengthen misdeeds, misbehavior, and disoriented persons to achieve peace, harmony, and tranquility. The enforcers of laws are the government, social bodies, private sector heads, etc.
While enforcing orderliness, it sets out clear objectives and frameworks that make it easy to follow and as well achieve peace and conflict-free spaces. In achieving a conflict-free society void of rancor, it also stipulates mechanisms for resolving any if it occurs.
We also see laws proscribed to help protect our rights. Human right happens to be fundamental to its existence, where life can be lived without fear and Injustice. We have rights of freedom and basic amenities topping this ladder.
In summary, be it positive, subjective, objective, or substantive laws, it is there to correct, check, and promote human coexistence in all spheres of life.
| Case study: A citizen is driving a vehicle on the road and disregards the traffic light. Seconds later, he is stopped by a traffic police officer, and this citizen claims that he disregarded the traffic light because he was in a hurry to pick up his son and take him to the hospital because he was feeling unwell. Based on what you have learned, tell us in which part of the case Objective Law and Subjective Law are present. |
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Defining Objective/Subjective Laws
First of all, we have to understand what objective and subjective laws are all about. While objective law refers to mandatory laws that govern a society equally without any form of class or skewness, Subjective law considers the action of an individual behind their decision that might infringe on circumstances in view.
While objective does not consider any individual opinion and situation for action taken, subjective laws consider the individual perspective toward action taken. Therefore, looking at the case study before us, we could determine both laws applied therein.
Objective Case Application
From the objective application in this case, the traffic light law remains an active law in society that applies to everyone without class or status, without intentions or circumstances behind the decision for infringement. The citizen is bound by this law and should obey the traffic law; disobeying simply means a breach of the law.
Subjective Case Application
Subjective law scenario was involved immediately when his intentions and circumstances for his action were known. Having such an emergency that requires health and life-saving was enough to justify why subjective law should be considered.
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| Case study: Mr. Juan Perez rents an apartment, but his financial situation is getting worse, and he has not paid for 3 months. On one occasion, a meeting of apartment owners was held, and the owner of the apartment where Mr. Juan Perez lives brought the case to the attention of the owners of the other apartments. They took the opportunity to say that they have received complaints from the neighbors of the building because Mr. Juan Perez has 4 dogs as pets in his apartment, something that is prohibited in the building's rules of coexistence. Analyze and explain in which part of the case Mr. Juan Perez is violating a law and in which part he is violating a norm. |
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There are two scenarios here, but we can see one bothering on violation of law and the other on norms or standard protocols.
Violation of Law Scenario
Mr. Juan, who rented an apartment, is subjected to an agreement that primarily binds him to make his monthly payments when due, and defaulting on this violates the intent of the agreement, which represents the law. Doing this may cause a court action, probably eviction, which is the penalty for a law violation.
Violation of Norm Scenario
This is a situation whereby rules and guidelines are stated to help for a smooth coexistence of everyone. Though not enforceable by the state, it is by a group internally to build back confidence in all while cohabiting. Mr.Juan is wrong in keeping the four dogs in his apartment, which violates the norm binding all other tenants. In this violation, other co-tenants would complain to the apartment owners, who in turn would take action against Mr. Juan.
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| Explain in your own words what importance Comparative Law has for you according to what you have seen in class |
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Each time I hear the word comparative, I quickly remember "comparative advantage" in economic terms, where one's strength lies over the other in a given commodity. Comparative laws borrow a leaf from this to assess laws based on their application and jurisdiction. A country may want to design or amend its laws, and what it does is to compare and contrast with what has been existing with other countries.
When we put comparative law in place, it helps us achieve the following which I may tag the importance of comparative law;
- Better Understanding of Diversity
We tend to understand the different legal frameworks of different jurisdictions and how cultures, social standing, and history shaped them. In getting this knowledge, we can frame ours in line with what works best for us.
- Better Reforms for Development
Comparing legal frameworks from. Other jurisdictions automatically predispose us to development through reforms. Adopting, amending, and applying other legal frameworks would help stir up better developments.
- Better Resolution Mechanism During Conflicts
A better understanding of different country's legal frameworks makes it a better and more vital way of handling conflict across the globe. Especially at these perilous times when conflicts between countries are on the increase.
- Enhancing and Promoting Human Rights Movement
In a situation where countries could assess the different legal frameworks, it makes it an easy ride for countries to upgrade their laws where less is given especially in human rights advocation.
- Promoting International Cooperation and Integration
The creation of treaties and mutual trust are well fostered between countries with stronger and similar legal frameworks. Integrations in bilateral trades, human rights advocacy, and environmental/agricultural discussions are better executed.
In summary, comparative law is essential in strengthening our domestic legal frameworks and deeper bilateral integrations. A good knowledge of subjective and objective law is best for us in handling matters responsibly.
Thank you, Friends.