What Is Law?
Law is the body of rules that govern behavior and are enforced by governmental or social institutions. Though the precise definition of law is still a subject of debate, it is often characterized as a science or an art of justice. In this article, we will look at the principles of the rule of law, the function of laws, and the role of precedents in judicial interpretation.
Principles of the Rule of Law
There are many different principles associated with the Rule of Law. Those principles are all of different kinds, and they all address different aspects of law-governing. Some of the principles deal with procedural aspects, while others address substantive values. For example, Lon Fuller outlined eight formal principles of law, including generality, prospectivity, intelligibility, consistency, practicability, and stability.
One of the most crucial principles of the Rule of Law is that it is based on a framework of open, transparent, and predictable rules. This means that a rule of law should have rules that capture both individual and public moral rights.
Function of laws
The function of law is to establish the order and conduct of a society, by regulating relationships between individuals. This allows for the rule of law to exist, and it facilitates good governance. It also fosters transparency and accountability within society. Furthermore, it fosters the idea of equality in a society. Those three main functions of law are vital to a society.
As a result, the question of what functions a law should fulfill is one of great importance. Defining these functions is essential to explaining the nature of law and the disciplines associated with it. It also helps in pinpointing the interaction between law and social norms, and defines general principles of law within normative philosophy. This chapter aims to elaborate a comprehensive reasoned scheme for describing the function of law.
Influence of precedents on judicial interpretation
Precedents are important legal texts that have a persuasive impact on courts. These precedents become legally binding when they are adopted by a higher court. There are various rules that determine when a precedent applies to a specific party. In some cases, a precedent may be narrowly precedental and not applicable to all parties. In such cases, judges may look to previous precedents to resolve ambiguities in the law.
Precedents are important in civil law. They provide a conceptual basis for future decisions. However, courts in different legal traditions may use them differently. Perry’s objection to legal positivism would backfire if some common law courts treat precedents as exclusionary.
Importance of public knowledge of laws
Knowledge of laws is very important for promoting a legal culture in a society. Every individual must have a working knowledge of the law, as it is a set of guidelines that guides and binds the society. People who have a basic knowledge of the law are better protected from unforeseen situations and can act more responsibly.