SLC22-W1 / Basic Notions of Law.
Law is regarded as some of the guidelines and regulations that are well established by governing authority so that they may regulate behaviour of human and maintain social order in society and is written in a typical way and publicized widely in society and enforced by authority. Rules are always important in a society for protection of rights of individual and from promotion of justice and true for providing safety to every citizen. Large can be statutory, regulatory and that which depends on decisions of court.
| Law objectives |
|---|
There are some of the purpose of law I am describing below in the following points;
• Establishment of clear expectations and consequences as a result of behaviour of people which they show in society.
• Promotion of predictability in society and stability like if someone is doing the bad act then it would be predictable that what is going to be as a consequence with that person in advance.
• A way for seeking justice and resolution of disputes among society in a fair manner and according to merit.
Overall,law is really important for giving shape to our society in a positive way and for eliminating curse and illegal things from society....
Let me first discuss about subjective and objective law in detail before explaining objective law and subjective law examples according to my country Pakistan;
| Characteristics | Objective Law | Subjective Law |
|---|---|---|
| Definition | These are clear, measurable, and able to enforce | These are depending at interpreting and circumstances |
| Application | These are implemented equally to all citizens | They have variations in implementing based on individual circumstances |
| Enforcement | They are able to enforced uniformly | They are able to enforced depending on discretion |
| Example | Speed limit laws, Tax laws etc | Defamation laws, Negligence laws etc |
Now here I am explaining objective laws and subjective laws in Pakistan along examples;
| Objective law in Pakistan |
|---|
• Income tax ordinance 2001 in Pakistan says that each and every individual living in Pakistan have to pay a particular amount of tax from their income. So this is also an example of objective law because this is applicable for all taxpayers,no matter what is person's identification.
• In Pakistan we can take example of speed limit law as an objective law that at highways there should be maximum 120km/h speed. This law is applicable for every citizen who is act road and who is driving it respective of the identification of person who is driving and as it is applicable for everyone uniformly that's why this is objective law and also this is objective because personal opinions and circumstances of person will not be countable in this case.So this law is clear and enforceable...
| Subjective law in Pakistan |
|---|
• In Pakistan there is also law of defamation so if we read its section 499 of Pakistan panel code then it needs from court to carefully considered intention and situations of accused before conviction. So as this law is depending on circumstances and to take intentions in consideration that's why it can very from person to person because it all depends on what court interprets that's why this is an example of objective law implemented in Pakistan.
• There is also law of negligence in Pakistan so when we read section 304 of Pakistan panel code then it will require to keep in consideration that accused acted with reasonable care or not and it also depends what court interprets after all situation so it can also be variable from person to person and it is not uniformly applied that's why it is also an example of subjective law.
| Objective law according to case |
|---|
Objective law is present in the following part of case that I am explaining below;
• Traffic light are clear and enforceable rule which is applicable for all individuals(Drivers) equally irrespective of identification of driver.
• Secondly traffic police officer also have complete authority for enforcing this rule and stopping the drivers that are breaking traffic light rule or that are disregarding traffic light.
As a result in both cases you can say that as these are equally applicable, enforceable and measurable that's why these are objective laws we can tell from given case....
| Subjective law according to case |
|---|
Subjective law according to the case I am going to describe below;
• Driver is claiming that he disregarded traffic light because he urgently have to take his son to hospital so he is indicating that he had an emergency.
• Traffic police officer thought about circumstances of driver as he considered his situation and give some leniency by issuing warning or fine to him.
So here in this case upon considering solid reason of driver police officer change his decision according to circumstances and hence it introduced subjectivity element in enforcement of law that's why it's an example of subjective law according to case.
Now I am going to discuss about law and norm according to what I have learnt in class and I will give examples according to my country Pakistan.
| Law |
|---|
Law is defined as formal rule which is enforceable by governing authority which can be country or state and it is written in a typical way and publicized widely in society and enforced by authority.
| Example |
|---|
• Income tax ordinance 2001 in Pakistan says that each and every individual living in Pakistan have to pay a particular amount of tax from their income. So this is also an example of objective law because this is applicable for all taxpayers,no matter what is person's identification.
| Norm |
|---|
Norm is not formal that's why this is definitely in formal rule or you can say sort of expectation which is expected and followed by a particular countries society or community in a wide way.As well as norms are not written in typical form as loss because norms alter from culture to culture.
| Example |
|---|
• According to Pakistan it is considered a bad or impolite when someone eat with use of left hand and as this is informal expectation that's why this is a norm because it is also followed but not enforced by law.
I have read out scenario carefully so now it's a time to show my understanding that where violation of law and where violation of norm is happening;
| Violation of a Law |
|---|
Mr. Juan Perez is violating a law in following part of scenario;
• He is violating rental agreement that was already done with owner of apartment and Mr.Juan Perez,by not paying rent for 3 months.As he is not paying rent so he is breaching this agreement and this is failure at his end that's why here there's law violation.
| Violation of a Norm |
|---|
Mr. Juan Perez is violating norm in following part of scenerio;
• According to building rules of coexistence having four dogs as pet in his apartment is prohibited but it is not written. Still as a social norm it was violated that's why he shouldn't violate this norm because rules of co-existence are important for maintenance of respect and harmony with neighbours but due to his action these norms disrupt. Here in this part he is violating a norm.
Comparative law is all about analysis and comparison of laws of different states countries or jurisdiction. I have learnt a lot about it and I can say that it is important because of following reasons;
• When you study about comparative law then you get a know how of legal systems of different countries, cultures and States and hands your knowledge and way of thinking broadens.
• When you know comparative law then it helps you to understand about your own country legal system properly because you know that what are strength and weakness of legal system of your own country.
• Comparative law is also important for international cooperation in a way of understanding laws and regulations of other countries also which make it more easy for navigating transactions and collaborations internationally.
• Comparative law is also important for me because it helps in promotion of legal reforms so by having an understanding about it I can easily identify that what are best practices at global level for best legal reforms.
• I'll consider importance of comparative law for improvement in critical thinking and analytical understanding of legal concepts and systems which are really important to know specially in that case if you want to go abroad for education or business purpose.
Now you can say that overall how much comparative law is important for understanding that how much legal system is complex worldwide.