Advantages and Disadvantages of Law

1. What is Law ?

The term “Law” in its widest sense means “a rele of action”, i.e., any standard or principle according to that sure acts in sure circumstances should operate. Thus, if a stone was to be dropped it should fall, i.e, the stone must adjust the law of gravitation.

a. Various definitions

Various faculties of law have outlined law from totally different angles. Some have defined it on the basis of its nature. Some concentrate mainly on its sources. Some define it in terms of its impact on society. There are others World Health Organization outline law in terms of the finish or purpose of law. A definition which will not cowl varied aspects of law is certain to the imperfect. Moreover, law is social science and grows and develops with the expansion and development of society. New developments in society create new issues and law is needed to deal with those issues. In order to stay pace with society, the definition and scope of law must continue to amendment. The result is that a definition of law given at a specific time cannot remain valid for all time to come back.

i. Blackstone

“Law in its most general and comprehensive sense signifies a rule of action and is applied indiscriminately to all forms of actions, whether animate or inanimate, rational or irrational. Thus, we say the laws or gravitation, or optics or mechanics, as well because the laws of nature and of countries.

ii. Austin

“ Law is the aggregate of rules set by men as politically superior, or sovereign, to men as politically subject”.

2. Advantages of Law

Law has got the subsequent advantages

a. Law avoids the dangers of arbitrary, biased and dishonest decisions

The existence of fixed principles of law avoids the dangers of impulsive, biased and dishonest decisions. Law is certain and notable. Therefore, a departure from a rule of law by a judge is visible to all. It is not enough that justice should be done, but it is conjointly necessary that it ought to be seen, to be done. If the administration of justice is left completely to the individual discretion of a choose, improper motives and dishonest opinions could have an effect on the distribution of justice.

b. Administration of Justice

The fixed principles of alw shield the administration of justice from the errors of individual judgment. In most cases, the law on the subject is evident and judges aren't expected to twist an equivalent. They are not expected to substitute their own opinion for the law of the country. Experience shows that individuals have lived happier lives once they ar dominated by the mounted principles of law than once there aren't any laws per se.

c. Reliability

Another advantage of law is that it is more reliable than individual judgment. Human mind is fallible and judges are no exception. The knowledge of the law-makers that represents the wisdom of the individuals is a safer and a lot of reliable mean of protection than the momentaneous fancy of the individual choose.

3. Disadvantages of Law

a. Rigidity of law

One disadvantage is the rigidity of law. An ideal system keeps on dynamical in step with the dynamical wants of the individuals. Law must change itself to the wants of the individuals and can't isolate itself from them. However, law is not usually modified to regulate itself to the requirements of the individuals.

b. conservative nature

Both the professional and judges favour the continuation of the existing law. The result is that fairly often law is static. This is not desirable for a progressive society.

c. Formalism

More stress is place on the shape of law than its substance. A lot of your time is wasted in raising technical objections of law that don't have anything to try to to with the deserves of the case in hand.

Complexity

It is true each|that each} effort is created to create law as straightforward as potential however it's unfeasible to create every law simple. That is because of the complex nature of contemporary society. Lawyers also insist on drawing fine distinctions on the assorted points of law.