Wednesday, February 16, 2011

Law and Criminality!




Law.
A simple 3 letter word. Yet it brings about so many different meanings.
Ever since the birth of the universe, there has been a multitude of laws, fundamental principals that make the universe what it is. The law of gravity, the law of thermodynamics, the law of motion. The unalterable laws that bind us together.  It allows everything in the universe to run smoothly without much hiccups. Without it, planets would collide, stars would explode, and Earth, our precious Earth, would cease to exist.


Back on our humble planet, we need rules and regulations too. In order to keep order and maintain peace, laws are necessary. Therefore, we humans have come out with a set of laws for other humans to follow and not cause chaos. According to wikipedia, 
Law is a system of rules and guidelines, usually enforced through a set of institutions. 
Most laws are just plain common sense, there to protect us from ourselves, such as traffic laws. Do not speed, follow the traffic lights, do not drink and drive. What would happen if we did not follow these set of rules?


We would go *bang*, *crash*,  *BOOM* and die. Not only that, we might also bring others down together with us. In this sense, humans are so dumb, that we require a set of rules to remind us not to kill ourselves. Funnily enough, it has never crossed our minds what would happen if we were to lose control of the car. On the other hand, we're always worrying bout getting caught by the traffic police and having to pay the fines. Ironic, isn't it?


"Reason is the life of the law, nay the common law is nothing else but reason." 
SIR EDWARD COKE, Institutes: Commentary upon Littleton
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The law also prevents people from doing things that harm other people, such as murdering, obviously, and stealing, and smuggling, and raping, and the list goes on and on. Imagine if there were no laws, people would be free to do anything they want and I do mean anything!  What then, would happen to our rights and equality? If everybody were allowed to steal, and there's nobody to catch them for it, then everybody WOULD steal. And if everybody steals, then who is there to actually work hard and earn money the right way? No one! At that time, the concept of money would be totally useless, because there are no goods to buy them with in the first place, because everybody is busy stealing money! The world will become a place where the most successful person would the best thief. And at that, since nobody is working or doing something other than stealing, the world will not progress. And as our food supply and resources start to deplete, humans would still be too selfish to actually start planting crops because they know that it will only get stolen away! And soon humans will die out, starving one another because of our unwillingness to do things the right way. Animals, without humans oppressing them, will rule the world. Okay I know this is kinda exaggerating, but you get my point right? You do right? Do you?

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Well, the idea of law is nice, very nice indeed. Through laws our rights are preserved, justice is served. It punishes those who have wronged, and protects those who are innocent. However, is it all what it seems? There are people out there who do not like laws, they feel that through laws, they are restricted, their freedom limited. Take skating in the corridors for example, it is not in the law, but I bet schools have that rule, don't they? So why don't they let students skate in corridors? Hmm, I'm not sure really, but I think it would be because the school is afraid of students skating and knocking over other little students. Well, anyway, the students will think that this is unfair, as what are the chances of them knocking down some little kid? This would be a case when a rule can be arguable, and there is actually no right or wrong.


"It's arguable that even if legislation is enacted beginning in October, it may be too little, too late for a couple companies in this group, ... bogged down in all the political battles that are undoubtedly going to be held on the drug debate."
Charles Lynch

The implementation of the law I would think, is the one that would truly determine justice. But who determines what the law should consist of? Who defines what is right and what is wrong? Who decides the severity of the crimes? Different people have different views on what is they deem good and bad. Examples to ponder on:
  1. Human sacrifice - Is it right, when you are taking somebody's life? Is it wrong, when you do it for your religion?
  2. Slavery - Is it right, when freedom is taken away? Is it wrong, in a world where the strongest rule?
  3. Cannibalism - Is it right, when killing is involved? Is it wrong, when there are no other alternatives?
  4. Prostitution - Is it right, when it goes against ethics? Is it wrong, when it is done willingly?
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It seems like "the person" who controls the law will be like God on earth. Through law, he is given the power to punish. And if the person controlling law were to be let's say, corrupted and selfish? Laws passed would be unjust and only serve the purpose of that person. This would be very very unfair. But because it is law, you have to follow it, or suffer. Is this justice? Does it create peace? Does it protect our rights? No.


"An unjust law is itself a species of violence. Arrest for its breach is more so."
Mohandas Gandhi
When people think of law, they usually think of the court. And I must agree, that justice is usually determined within these walls. But the jury are still humans, and we humans, being complicated creatures, take into account every factor that could be used to our advantage. Thus humans' sense of judgment is usually affected, whether they like or not,  by emotion and prejudice. This causes them to give unfair judgment. And also, in court, both sides are represented by lawyers. So does it mean that if a murderer gets a really really good lawyer, and the court decides he is not guilty, is he really not guilty?

"A jury consists of twelve persons chosen to decide who has the better lawyer."  
Robert Frost

"Justice cannot be for one side alone, but must be for both." 
Eleanor Roosevelt 


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Humans have laws to keep order in the world, laws have humans to mess it all up again.




teehee,
Wen Wen (:

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