What Is The Purpose Of Registering A Car Biannually
Learning Outcomes
- Ascertain law
- Explain the purposes of police force
- Explain "dominion of law"
The Law
Law has been defined equally "a torso of rules of activity or behave prescribed by a controlling authority, and having bounden legal force. That which must be obeyed and followed by citizens field of study to sanctions or legal consequence is a law."[1]
Although intended to protect the fundamental rights and liberties of U.S. citizens, the legal system and its laws are not always readily understood past the average citizen. At what bespeak do nosotros cross that fine line between legal and illegal, and on what basis is that line fifty-fifty fatigued in the first place? Nearly people understand (and accept) laws prohibiting acts of murder, thievery, physical harm, and financial malfeasance, simply at that place are plenty of other laws that might give united states of america pause. For example, in Minnesota, whatsoever game in which participants endeavor to capture a greased or oiled pig is illegal. The aforementioned laws besides prohibits turkey scrambles.[2] Don't attempt to substitute a ferret for a hunting dog in West Virginia. Anyone who hunts, catches, takes, kills, injures, or pursues a wild animal or bird with a ferret will face a fine of no less than $100 (simply no more than $500) and no fewer than 10 (but no more than 100) days in jail.[3] While you may never accept considered taking part in a turkey scramble or hunting with a ferret, chances are skillful that you take cleaved some law at some fourth dimension—perhaps even in the last twenty-four hours. Did you exceed a speed limit while driving? Whorl through a stop sign at an empty intersection while riding your bike? Drive to the minimart without wearing your seatbelt? Although unlikely that y'all will be prosecuted and jailed for these minor traffic offenses, the fact is that you broke the law. Why practise nosotros take and then many laws? Permit's have a closer look at the part of police in order and why laws are created in the beginning place.
The Purposes of Law
In a society such as the United States, the police force informs everyday life in a wide variety of ways and is reflected in numerous branches of law. For example, contract law regulates agreements to exchange goods, services, or anything else of value, and then information technology includes everything from ownership a motorbus ticket to trading options on a derivatives marketplace. Holding law defines people's rights and duties toward tangible belongings, including real estate (i.e., real property, such as land or buildings,) and their other possessions (i.due east., personal belongings, such equally clothes, books, vehicles, and so along), and intangible property, such equally bank accounts and shares of stock. Tort law provides for bounty when someone or their property is harmed, whether in an machine accident or by defamation of grapheme. Those are fields of civil police force, which deals with disputes betwixt individuals. Offenses against a federal, country, or local customs itself are the subject of criminal law, which provides for the regime to punish the offender.
The constabulary serves many purposes. 4 principal ones are establishing standards, maintaining order, resolving disputes, and protecting liberties and rights.
Establishing Standards
The constabulary is a guidepost for minimally adequate behavior in gild. Some activities, for instance, are crimes because society (through a legislative torso) has determined that it volition non tolerate certain behaviors that hurt or harm persons or their belongings. For example, under a typical land law, it is a crime to cause concrete injury to another person without justification—doing so generally constitutes the crime of set on.[4]
Maintaining Lodge
This is an offshoot of establishing standards. Some semblance of order is necessary in a ceremonious society and is therefore reflected in law. The police—when enforced—provides gild consistent with society'southward guidelines. Wild animals management laws, for example, (such as Due west Virginia'south prohibition confronting using ferrets for hunting,) were first passed in an effort to conserve game that had nearly been hunted into extinction during the nineteenth century. Such laws reflect the value society places on protecting wild fauna for futurity generations to enjoy.[five]
Resolving Disputes
Disputes are unavoidable in a gild comprised of persons with dissimilar needs, wants, values, and views. The police force provides a formal means for resolving disputes—the court system.[6]
Protecting Liberties and Rights
The constitutions and statutes of the United States and its states provide for diverse liberties and rights. One function of the law is to protect these diverse liberties and rights from violations or unreasonable intrusions past persons, organizations, or government. For case, bailiwick to sure exceptions, the Kickoff Amendment to the Constitution prohibits the regime from making a police force that prohibits the freedom of speech. Someone who believes that his free speech rights accept been prohibited by the government may pursue a remedy by bringing a case in the courts.[vii]
The Rule of Police
What is the dominion of law? Aren't laws and rules the same thing? You lot can think of the rule of law equally the rules that govern the law. The rule of law is the legal principle that police force should govern a nation, every bit opposed to being governed by capricious decisions of individual government officials. It primarily refers to the influence and authority of police force within society, particularly as a constraint upon beliefs, including behavior of regime officials. The phrase can be traced back to sixteenth-century Britain, and in the following century, the Scottish theologian Samuel Rutherford used the phrase in his statement against the divine correct of kings. The concept, if not the phrase, was familiar to ancient philosophers such every bit Aristotle, who wrote, "Law should govern."
Dominion of law implies that every citizen is subject to the constabulary, including lawmakers themselves. In this sense, the rule of law stands in contrast to an autocracy, dictatorship, or oligarchy, in which the rulers are held above the law. Lack of the rule of law tin can be found in both democracies and dictatorships, because of neglect or ignorance of the law, for example, and the rule of constabulary is more than apt to deteriorate if a regime has insufficient corrective mechanisms for restoring it. If you've e'er read Alice's Adventures in Wonderland (or seen the motion picture), and you can recall the Queen of Hearts yelling, "Off with their heads!" at the slightest infraction or offense, you have some thought of what it would be similar to live in a guild that is not governed past the dominion of law.
The rule of law system in the U.s. is established in the U.South. Constitution.The U.S. Constitution itself became the law of the land well over ii hundred years ago, and the tenets fix along in the document remain in full force today. The way in which the Constitution is applied, though, has always been subject to court interpretation. Every bit circumstances and public stance evolve through the years, so besides exercise the interpretations offered by the courts. From time to time, it even becomes necessary to meliorate the Constitution to keep pace with changes in the country'south beliefs and values.
Origins of Law
The establishment of a system of laws was not invented by the founding fathers of the U.s.a.. The thought of written laws goes back to ancient Mesopotamian culture that prospered long before the Bible was written or the civilizations of the Greeks or Romans flowered. In fact, the oldest known evidence of a police force code is tablets from the aboriginal city Ebla (Tell Mardikh in modern-day Syria). They date to nigh 2400 BCE. Yet, most scholars credit Hammurabi's Code every bit the origin of written laws and a formal legal organisation. If y'all haven't heard of Hammurabi, you have certainly heard one of his laws: "An eye for an heart, and a tooth for a tooth." Hammurabi'southward Lawmaking, a collection of 282 laws inscribed on an upright rock pillar, contains many central legal concepts nosotros would recognize in today's legal system. In fact, Hammurabi'southward reasoning for creating this lawmaking is not that far removed from the rationale for our current legal organization. In his preface, Hammurabi writes that he sets along these laws "to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak."
Cheque Your Understanding
Answer the question(s) below to see how well you understand the topics covered above. This short quiz does not count toward your form in the class, and you lot can retake information technology an unlimited number of times.
Apply this quiz to check your agreement and decide whether to (i) study the previous section farther or (ii) move on to the adjacent section.
Source: https://courses.lumenlearning.com/wmopen-introbusiness/chapter/meaning-and-purposes-of-the-law/
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