Precedents And Laws example essay topic
426 words
With the accelerating pace of social and circumstances alteration, the adaptation and flexibility of laws, which deeply affect each citizen, are essential and necessary. If laws are too rigid and fixed, the spirits of laws may not fit the situation as time goes on. In a spacious country, like America, it is impossible to use a sole set of laws in the whole territory because the customs and the history in each state may not be the same. So, proper separation of the legislative and executive powers between the central government and the local is needed. For example, influenced by the historic reclaim of the western region, the citizens in Taxes, if approbated by the government official, are allowed to possess defensive weapons, while not permitted in Washington D. C for security. It is also rational when we extend the assertion to time axle, for the point of views may change overnight. As a result, this makes the ancient laws made in Babylon thousands years ago impossible to be used for today's cloned human debate. Although the ethic a hundred years ago may not be the same as it is in this rapid pace era, we can still introduce the variables which can reflect the current situation. Thus, a simple solution, like the common law in United Kingdom, is allowing the judge to try according to the precedents, revealing the contemporary social trends of the trial. However, the synchronization of the verdicts refereed from the precedents and the time is still imperfect because most precedents are unable to follow the new trends. For instance, the computer hacks happens just recently, and it's difficult to convict with little cased to consult. Also, if an even happened with no similar case previously, the previous solution becomes useless for no reference at all.
So, to abridge the lag of time effectively, legislators in the parliament should also make laws of the latest evens; the brand new even should also be refrained as prevention. As the consequence, judges when trying have two flexible approaches, the precedents and laws, to estimate which one is more suitable to the case and avoid the mistimed convict. Though we know the original point of laws is justice, unfortunately, since the notions of people is not perpetual, a proper regulation may not be appropriate as the alteration of the places and the time it executed. So, laws should not be so rigid and flexible to give the citizens proper protection.
