Law as a Living Body Laws are here for a reason they are here to protect us and our families or loved ones.
Without them the world would be complete chaos and very unsafe. The law is a very complex thing, and when it comes down to it there are two types of law, law on the books and law in action. Law on the books is the law that is set in stone it cannot be changed to benefit certain situations it just is what it is. Law in action however can be twisted or reformed into something the same with a little bit of a twist.There are ways that a law can be twisted and not broken or misused in court rooms to benefit victims or criminals.
Laws are always subject to be changed as needed for what society needs. We have all been in situations where we have felt that the law is unjust; this is where objectivity of law comes in. Obviously the law cannot be formed to our personal wants. We do have the right to object to it, but it will not change the law itself. An example would be when someone shoots someone else for stealing their significant other.
This happens all the time but it is wrong and not justifiable. However there is another person who shoots the burglar who broke into their home because they feared for their personal safety. This is not considered the same as the first example. Both scenarios involve people using guns to shoot other people however one can be easily argued as all right and the other is wrong. It is safe to say that law can be considered a living thing. It helps to protect us changes when it needs to change and makes us feel safer.The laws change according to what we as a community or society need.
An example would be the smoking bans in restaurants or public places. It was never illegal before until it apparently became a problem and now if you do it you get fined. Some find it right others find it wrong, either way the law is the law and we must obey. It is just like when we were younger and had rules set by our parents if we did not obey we got punished. They set them not to be mean but to protect us from bad things in life.
The due process is very hard to define.The due process is basically a way to protect all people from the state. The due process also illustrates the difference between laws on books and law in action. The negative thing about this is that not everyone can agree upon the way it should be considered.
The positive thing about this is that people are protected with civil rights to property and life as well as liberty. The due process is made to protect us, since September 11th it has buckled down in some ways to protect us from things such as more terrorist attacks.Things such as being searched or having your things searched before you get on a plane are done to protect us from another terrorist attack. It sometimes feels like we are being invaded our privacy being stripped away from us but that is a price we have to pay to remain protected.
The rights of the accused are there for protection as well. We are all innocent until proven guilty, so we should have protection at least until we are found guilty. An example of the rights of the accused is a family experience I have had personally.My cousin had spanked her son because he was smoking marijuana he told his teachers the next day and social services took all of her children and searched her home without a warrant. Normally a home visit is done to see if the accusations are true but in this instance there was no protection for her. When it was all said and done she got her children back and the police that searched her home apologized to her for the way she was treated. This is why we have the rights of the accused to protect people from things like this happening.
The positive thing about this is that it protects the innocent members. The negatives thing about this is that someone could lie and say they had no idea what was going on when they were really part of it. In my example my cousin had the negative effect she spanked her son and was then treated as a criminal because of something her son did that was illegal. September 11th had a huge impact on the United States and everyone in it. Since then many families have been victims of hate crimes because they a certain way. To some people they fit the profile that a terrorist has. Where is there protection?Just because they come from the same place does not mean that they are terrorists so why do they now have to be fearful of harm to them, we should not judge them based on the mistakes of others. They had nothing to do with the attacks so they cannot be held accountable for others actions.
References: Carrington, D Paul. King Erika(2008) Law In Action: The Deans View. Law In Action. University of Wisconsin Law School. Retrieved February 19, 2010. From http://www.
law. wisc. edu Mount Steve (January 24, 2010) Constitutional topic: Due Process. U. S. Constitution Online Retrieved February 20 2010. From http://www.