Thursday, December 13, 2018

The Structure And Framework For Fair Law


March 4, 2011  

A system comprising of various rules and guidelines, which are enforced on a society via the means of an institution or an organization, is the official definition of law. It helps in providing a framework to the various disciplines and to the philosophy of politics, economics and the entire society. They also perform the role of an interface between various sections of a community such as people, government and organizations.

All across the world, almost every country has a well constituted legal system which deals with a variety of issues pertaining to that country. To make the structure more rigid, clear and controllable, the legal field can be divided into sub categories. The most fundamental categories are that of public and private rules.

The public law is responsible for all the concerns of the management of a country, its citizens and all the states contained in that country. They provide directives and rules for handling the constitutional, criminal or administrative issues. Contracts, tort or property related cases and agendas are handled by the private legal department.

In the case of civil rules, contract and tort are considered as general law of obligations. These fields are mostly considered as traditional core subjects. There are various other disciplines, which can be even more important for practical purposes.

A lot of means and modes are used to by the legal bodies and institutions to administer the rights and responsibilities of an individual, society and government. The civil jurisdiction field formulates and codifies all the rulings made and under the common law mechanism, the rules provided by the judge need not be consolidated.

Some of the countries may also have their religion as a foundation for their decree. The legal system derives a lot of understanding from the fields of history, economics, philosophy and sociology. It also contributes a lot to these disciplines. It is the prime source of administering and applying the fundamentals of fairness, justice and equality in a society.

In an ideal democratic scenario, three institutes are mainly responsible for the creation, interpretation and implementation of the commandments. These three branches of government are the unbiased judiciary, independent legislature and a dependable executive. The police and the military are very crucial in ensuring a proper implementation and enforcement of these laws in the society.

To support a better progress of this framework and to ensure that it prospers for the betterment of the society, a self governed legal profession and a proactive civil society are extremely important. The Greek philosopher Aristotle had suggested that the rule of the law is much better than that of an individual.

There are various forms and functions of the legal framework in the society today. The rights and the rules for the title and transfer of a personal or a real property is referred to as Property law. The rules related to trust deal with assets secured for financial benefits, security and investment.

The perpetrators can be prosecuted by the rules defined in the scope of criminal law. Even governments rules can be challenged with the help of an administrative rule that it may violate. The complete framework for the creation of a legal system is provided by the constitutional law.

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