Cameron Miranda
Laws are the rules that bind all people living in a community and are based on a variety of factors. These include shared societal values and morals, religion, and the need to maintain public safety and ensure citizens' rights. Laws are also influenced by historical events and the political and social context of the time, and they change over time to reflect the needs of society. In democratic societies, laws are created by the legislative branch of the government and interpreted and applied by the judicial branch. The rule of law is a fundamental principle in governance, ensuring that all persons, institutions, and entities are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, thereby protecting people's rights and freedoms.
| Characteristics | Values |
|---|---|
| Shared societal values and morals | Foul language, narcotics, health, education, safety, etc. |
| Religion | Jewish Halakha, Islamic Sharia, Christian canon law |
| Public sentiment of moral wrongdoing | Negligence, duty of care, nuisance, assault, battery, trespass, defamation |
| Equality | Freedom of religion, speech, equal treatment, due process of law |
| Human rights | International peace and security, development, human rights, freedom, political stability, economic and social progress |
| Democracy | Majority rule, minority rights, independent judiciary |
| Administrative law | Economic, social, and political rights |
| Common law | Unified system of law, limiting authority to pass laws |
| Tort law | Negligent infliction of emotional distress, strict liability for defective products |
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What You'll Learn
Religion
Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Sharia, both of which translate as the "path to follow". Christian canon law also survives in some church communities. Religious laws often imply unalterability, as the word of God cannot be amended or legislated against by human judges or governments. Nonetheless, most religious jurisdictions rely on further human interpretation to provide for thorough and detailed legal systems. For instance, the Quran acts as a source of further law through interpretation, Qiyas (reasoning by analogy), Ijma (consensus) and precedent, contained in a body of law known as Sharia and Fiqh. Similarly, the Torah or Old Testament contains the basic code of Jewish law, which some Israeli communities choose to use.
In the United States, the Constitution guarantees that religion can never be a requirement for holding public office, although many Americans are unaware of this. According to a 2020 survey, roughly half of American adults believe that the Bible should influence US laws to some extent, while the other half believe it shouldn't influence laws much or at all. Americans are also divided on the extent to which the country's laws should reflect biblical teachings. The First Amendment prohibits the government from "establishing" a religion, which historically meant prohibiting state-sponsored churches, such as the Church of England.
While many people's values are based on their religious beliefs, others do not believe in any religion, and their ethics are based on something else entirely. It is argued that it is not right for non-religious people to be forced to obey laws based on a religion they do not believe in, nor is it right for religious people to be forced to live according to the religious beliefs of those in power. Laws should be made to protect citizens and benefit society, rather than to please a god. However, separating law from religion raises the question of what our ethics should be based on if not religion. Democracy may be the fairest way to decide, but it is not perfect, as there is no guarantee that the majority is always correct when it comes to questions of right and wrong.
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Democracy
The concept of the "rule of law" is fundamental to democracy. This principle holds that all persons, institutions, and entities, including the government, are accountable to the same set of laws, which are publicly known, evenly enforced, and independently interpreted by a judiciary. The rule of law ensures that laws are just, rights are protected, and government processes are transparent and accessible to citizens.
In a democratic system, laws are expected to reflect the values, beliefs, and interests of the people. They are meant to safeguard individual freedoms, ensure equality, and promote the general welfare of society. For example, laws against discrimination aim to protect the rights and opportunities of marginalized groups, while laws regulating businesses seek to prevent harm to consumers and ensure fair practices.
To uphold the democratic ideal, laws are typically created through a deliberative process that includes public input. This may involve consultations, public hearings, and debates that allow citizens to express their views and influence the legislative process. In some democracies, direct voting on laws or referendums is also employed, giving citizens a more direct role in law-making.
The evolution of laws in a democracy is also influenced by societal changes and advancements. For instance, the rise of social media and the internet has led to updates in laws addressing bullying, stalking, and privacy to encompass cyber-related issues. Thus, democratic laws are dynamic, adapting to the needs and challenges of a changing society.
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Public sentiment
Public opinion can be accurately obtained through survey sampling, and both private firms and governments use surveys to inform public policies and public relations. The influence of public opinion is not restricted to politics and elections; it is a powerful force in many other spheres, such as culture, fashion, literature, the arts, consumer spending, and marketing and public relations.
Political scientists and historians emphasize the role of public opinion in government and politics, particularly its influence on policy development. They regard public opinion as equivalent to the national will. Sociologists, on the other hand, view public opinion as a product of social interaction and communication. According to this perspective, there can be no public opinion on an issue unless members of the public communicate with each other. Additionally, sociologists point out the possibility of multiple public opinions on a given issue at the same time.
The American democratic system is not solely based on simple majority rule. There are certain principles, such as freedom of religion, speech, equal treatment, and due process of law, that are deemed so important that they are protected by the Bill of Rights and cannot be altered by a majority. The courts play an integral role in maintaining the rule of law and protecting minority rights.
Research has shown that the United States Supreme Court's rulings on major issues, such as church vs. state, abortion, immigration, and LGBTQ rights, have been closely aligned with public opinion. For example, in Bostock v. Clayton County, the court ruled in favor of LGBTQ rights, which was surprising given the court's ideological makeup. However, with overwhelming public support for LGBTQ rights, the ruling is less surprising when considering the influence of public sentiment.
In conclusion, public sentiment plays a significant role in shaping laws and policies, and it is important for courts and governments to consider public opinion when making decisions that affect the public.
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Human rights
Laws can be based on human rights, which are defined as the fundamental rights and freedoms that are inherent to all human beings, regardless of nationality, place of residence, gender, national or ethnic origin, colour, religion, language, or any other status. These rights are inalienable and equally applicable to everyone, and they encompass civil, cultural, economic, political, and social rights.
The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, is considered the foundation of international human rights law. It sets out, for the first time, the fundamental human rights that should be universally protected and has inspired more than 80 international human rights treaties and declarations, regional conventions, domestic bills, and constitutional provisions. The UDHR's core principles, such as universality, interdependence, equality, and non-discrimination, have been reiterated in numerous international conventions, declarations, and resolutions.
International human rights law establishes obligations for states to respect, protect, and fulfil human rights. This means that states must refrain from interfering with or curtailing human rights, protect individuals and groups from human rights abuses, and take positive action to facilitate the enjoyment of basic human rights. The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which entered into force in 1976, further developed and made binding the rights enshrined in the UDHR.
In addition to international treaties, customary international law, general principles, and regional agreements also contribute to the expression and guarantee of human rights. Most states have adopted constitutions and laws that formally protect basic human rights, and regional instruments have been adopted to address specific human rights concerns and provide mechanisms for protection. The rule of law is essential to upholding human rights, ensuring accountability, just law, open government, and accessible and impartial justice.
The United States Constitution, for example, codifies the core values of its people and serves as the nation's fundamental law. The federal courts are responsible for interpreting the Constitution and ensuring that the people's representatives act within the authority granted by the Constitution. Similarly, the Bill of Rights was passed to protect certain concepts, such as freedom of religion, speech, equal treatment, and due process of law, from interference by the majority.
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Common law
In some cases, common law has been used to marginalise or disempower certain groups, and outdated precedents can continue to shape future rulings until they are overturned. However, higher courts in common law systems can overrule previous decisions as "bad law" without needing to wait for lawmakers to act. This allows common law to adapt and change with society.
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Frequently asked questions
The four universal principles that laws can be based on are accountability, just law, open government, and accessible and impartial justice.
The United States Constitution is the nation's fundamental law. It is based on the core values of the people.
Religious law includes the Jewish Halakha and Islamic Sharia, both of which translate as the "path to follow". Christian canon law also survives in some church communities.
The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law, which prioritises administrative law over private law rights.
The concept of "common law" developed during the reign of Henry II in the 12th century, when judges were appointed to create a unified system of law for the country.
