Conservatives have always touted the laws and rules and regulation must not
only be abidding but also be rigid and fixed. However closer re-examination
of issue reveals that although strictness in implementation of laws are
necessary,but rigidity in law for long time is not acceptable in society.
Law must be flexible enough to be adapted suitably to changing needs, times
and places.
First and foremost,historically most of the laws set by the peoples or
governing body has not been absolute forever. For instance, lets take the
example of polygamy. It is known that our earliest ancestors(male) used to
mate with several females. It was acceptable at that point of the time and
once completely legal. If it is judged in current prespective it will be
unaccptable to most of the people rest aside darn feminist. Thus law changes
with changing prespective of the people. As the menality of people changes
(develops) the law need to acclimitaize according to it.Untill recently the
law doesnot provide the enfranchising right to the female. The females were
never given equal status to the male counterpart, even in the monarchies
where the queens were axis of rule. This was not illegal though according to
rules defined at those time. As the circumstance change and mentality of the
people became more rational toward female. The situtation of female started
to improve, this encouraged the proponent of female rights to raise voice
against the prevalent laws.The females were given the right to electthe
government and many other antifeminist laws was changed. Thus laws are
reflection of mentality of people at that time. As the mentality change the
reflection changes.
Mentality changes with the places. The boundry of such change can be more or
less attirbuted to culture. Thus most of nations having different cultures
have different laws and different rules and regulations. For instance the
lets take examples of Gay marriage. The European countries are more rational
toward it. While the Arabian countries are completely against this. This is
culpable crime for them and sin against the almighty GOD. The reason is
European cultures is more open to such disgressions. While Arabian are more
rigid towards this. This difference is not the transgression but it is
progeny of relativism of law. Thus every rational society have always denied
the absolutness of the laws.
While it may be clear that the laws must not be rigid and fixed, it should
be flexible enough to taken into account the account the various
circumstance, times and places.The effiectiveness of the law is defined by
its proper implementation and more importantly to its flexiblity. The bottom
line issue is laws are defined for the people and not that people is defined
for the laws.
Sunday, November 2, 2008
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment