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Ayesha Aman

What is Law?

Published on: March 3, 2017 6:50 PM

Law is the foundation, the basis or the building blocks of a civilized society. In reference to the business world, if you considered the civil world a business, law would be the mission statement that leads to the fulfillment of the business vision. So really Law is a set or body of procedures and principles recognized and applied by the state in the administration of justice. I think Ronald Devorkin has the right idea, law is an “interpretive concept”, lawyers and judges perceive the facts, evidence and case before deciding which law can be applied where. Every law (accept a few exceptions) have loopholes, that can be used to go around said laws. Therefore the way the designated laws are perceived decisions are made.

A negative perception of law could be that it is a means of oppression. Ensuring that the poor get poorer and the rich get richer. This Marxist approach can be considered valid in the case of third world countries like Pakistan. This is true because the level of corruption has reached heights beyond our imagination. It’s interesting how the laws active in a country/community tells you a lot about that area’s culture and values. By looking at what they perceive lawful/unlawful or just/unjust, really helps you interpret their mindset. This is why I compared the Law to a mission statement, it gives you an understanding of the brand and that therefore facilitates you to reach your end goal –your vision.

Law can also be considered an egg vs chicken situation in association with crime. “Law is a description of a direct link between cause and effect of a phenomenon deduced from experiments and/or observations.” Cause and effect: Newton said that every action has an equal and opposite reaction, therefore to every crime there is a law and to break any law is a crime. Could a pre-decided set of rules created to annihilate all inappropriate practices actually lead to more crime? It’s seems law is a paradox.

So then what is law? How can it be defined? Law is a set of rules and regulations passed after conscious deliberation and analysis of the people and the society said to administer justice by the state or in the way of the Sovereign (i.e. Shariah). Like every other verbal or written communication this is also perceived and interpreted differently by different people therefore making it an interpretive concept.

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