A Critique on Law and Legal Issues

Introduction

The general impression and understanding that we have on Law is that of the rules, regulation and all in between the legislations, and other functionary aspects of the state that identifies itself with a decree and as a form to policing the societal progression in the contemporary society today. Add to it, in formal terms, laws are the sets of rules and regulation that are often enforced through recognized institutions in the society, let say the judiciary for the starts. In simple sense, Law and legal matters and its studies identifies itself with barrister in the barrack of the high courts, and disciplined black and white attire among lawyers and advocate. But on the deeper aspects, as it is with any other functionary aspects and subject discipline and their studies, Law and its studies usurped a greater force among individuals, and often than not, it also one among the most respected degree and subject study. In that context we wonder where all the things that identifies itself with Law, and that which make a legal practitioner in the society garnered all the formal practices and training that which it makes a legal person fit to dispatch his/her duties and functions. Hence, we feel there are no dearth of subject to study upon, especially when it concerns Legal matters and the many issues that we can relate to and argue about.

Nonetheless, the question also arises as to the functions of laws. That is to say in simple terms, what are the purposes of legal study and Laws, plus its functions in the society? As we can sense, laws in meant as a conscience in the society. Simple as that, the meaning, its viability and utility in the society today also can be absorbed, as to where laws and its functions derived its belonging. In the second aspect, the study of legal issue also makes us further consolidate with the idea of law itself. After all, there’s has been issues always, and when it matter to legal aspects, identifying the concourse of law and all the ethics that governed it also makes for a rational point to argue about, of things as it can be read, and witnessed in and around us today.

Thus, this essay in its simplest form attest itself to attempt in identifying the many variable that encompasses law, legal issue and all in between the ethics. No doubt, when it concern legal functionary, ethics is the sole ideology. However, there is every reason to argue about the right, wrong and rational things that can be usurped from what is legal and what’s not. Subject to these consideration of the subject matter arguments, the following paragraph also presents a brief analysis, which limit itself to the same.

Function of Law

First thing that we consider when the subject of law is discussed is its functionality. It begins with what we have described above, that is, the meaning of law, its legal bonding, et al. Add to it, “The ontological thesis and the theory in it defines ‘law’ as an ordinance of reason, for the common good of the society.” (Eric Voegelin, 1997, p. 224) As a rational being and from those aspects, understanding the meaning of law in that sense also traces the core ideology and meaning of laws of where it all started and begins with. The function of law as can be interpreted from the above statement also is clear enough to give us a clear and precise meaning and functions of law. Secondly, when it concern “seeking to understand the meaning of law can be of great help when the original meaning of law can be derived, says scholars. For jurists, the meaning of law represents the presents case and for the sake of the present case. However, for historians they seek to construct the whole range of its application, and then only law becomes more concrete in real sense of the term.” (Joel Weinsheimer, 2004, p. 322) From this interpretation, there is further relevance which add up to the meaning of law and it meaning, which for some can mean one thing and for other another thing. After all the interpretation and understanding of what we have from the generic point of views also attest itself to the jurist view. But deep within, law and its whole range of application is nonetheless a treasure trove to explore its meaning.

Hence, herein we come to the conclusion of law and its meaning. Above all, law and its function in the society is “normative from a historical point of view, where its functions has undergone through the act of legislation, but a judge seek to accord with the legal idea of law in meditating with the present conditioning of law and its functions” (Joel Weinsheimer, 2004, pp. 323-324)

But it also should be noted, given that “law is the common force organized to act as an obstacles to justice in a modern sense, that also which it means, that is, law is justice.” (Bastiat, 2004, p. 48)Broadly speaking, and as one noted scholar put it, “the function of law in the society today does not means the absolute power of legislation over us, but something that which law is known to protect the free exercise of our rights, conscience and any preventing other person from interfering with the same, where its domain is justice” (Bastiat, 2004, p. 48)

Thus, the aforesaid statements present some of the features that define laws and its functionality, which is also of great evidence to conclusively point the meaning of law. Looking to these aspects, there is every reason that the study of legal issue also can be usurped in the simplistic sense as its meaning, which should successively be argued about.

The Study of Legal Issue

The study of legal issue can encompassed more than what we can visualize in the contemporary society today, from the smallest to the biggest issues in the league. Nonetheless, issue as it comes to legal matters is comprehended from a general perspective, and things that can be witnesses in and around us. On a second thought, legal issue that usurped itself with the globalised market structure and international business comes as a preferred mode. In that sense, the mushrooming of businesses has meant it hard for legal practitioner to audit, and control the augmented and widespread legal matters in that front. To start with, “it can be comprehended, and placed from the structure of the service agreement itself concerning business houses, be it, when it matter to service agreements, the negotiation and all these factors, which may affect or improve business relation, Vis-�-vis that needs to be considered, else legal issues arises.” (John K. Halvey, John Wiley and Sons, p. 523)

From a business perspective, the above statements hold some conclusive pointer. The study concerning legal issue in the complex and globalised world today also reflects and mirrors the trends as to where legal issue can arise. Thus, legal issue can arise anywhere and everywhere, and “legal practitioner such as judges, police officers etc, who monitor and administer legal system in the society share objective goals in provisioning and advocating the protection of human rights, abuse of rights, et al, through a system that gives justice for the general populace in the society.” (Myers, 1998, p. 2)

Concluding on Law and ethics

Before we come to the conclusion of our essay herein, it also makes sense to take account of the law and ethics that governed the same. Take for instance “ethics which defined our moral judgment and the constituents of the ideals, belief, custom and characteristics that an individual or particular group or society considers worthwhile, which also expands the norm to who we are and what we are that makes us unique” (Hendrick, 2004, p. 2) In that sense and the rationality behind the said term when it concern individual and the society reflects a scenario where law and all in between complement each other. But yet that is far from what it really looks like in theory and ideology that encompass our society today in reality.

From a scholastic point of views to law and ethics plus its implication in the society today can be traced to the facts surrounding us. That is to say, “evolutionary process and civilization with all its implication is becoming more and more complicated. The growth of material knowledge, of science and discoveries has brought in a situation today, where the world is in an intermittently disordered state and in shambles. All that originated from individual and the society.” (Roemer, 2007, p. 12)

Hence, here we can derive as to where law and ethics take centre stage, and the implication that ethics and laws in the society today derives its belonging, for all and the, sundry to take note of the laws in force. Thus, we further conclude that less of the laws in the society will surely bring in an aura of things in disordered state in the society. As a rational human we are governed by ethics, however that does not mean that law should shy away from making its course within individual and the society. After all, law and ethics itself defines all the good, bad and wrong reason for its presence in the contemporary world today, and as a legal system in streamlining and policing the society, law is a must, which expands beyond ethics.