Law is a discipline and profession that deals with the rules of conduct in a community. These rules are enforced by controlling authorities. They aim to provide citizens with a safe and prosperous community. As a profession, it is a very rewarding field. However, before you can practice law, you need to understand its elements.
Rule of law
A rule of law is an institution of a society that protects individual rights, provides protection for property and ensures the security of individuals. It is delivered by impartial, competent representatives who are accessible to the community they serve. These representatives must have the resources and independence to do their jobs effectively and fairly. In addition, they should reflect the composition of the communities they serve. The term rule of law is often misused to justify sectoral privileges for judicial personnel, or to allow unchallenged interpretations of the law.
In the most common sense, the term rule of law refers to equality before the law. It implies that all people are subject to the law and that the rulers must obey them. It is in contrast to tyranny or oligarchy. This principle dates back to the 12th century, when Archbishop Stephen Langton rallied the Barons of England to force King John to submit to the rule of law. Magna Carta was the result of this effort. It protected the rights of people and required the payment of taxes. It also formed the basis for the United States Constitution.
The formal elements of law are components of the legal system. They are logically and systematically interrelated. When they are viewed as a whole, they imply that the law is a body. In addition, the elements of law have some other characteristics. The author uses a common set of questions to examine different formal attributes.
A formal contract must contain at least four elements: an offer, acceptance, and consideration. These elements are what make a legal contract valid. The offer is the first formal element. When the offeree accepts, the offer becomes a legally binding agreement.
The process by which rights are determined and enforced by courts and tribunals is a central part of law. Without effective procedural rules, a legal system would be inefficient, unfair, and likely to upset social peace. This volume illustrates various forms of procedural law from the viewpoints of sociology, political theory, and philosophy.
A formal procedural process is necessary to protect the interests of both sides in a case. This type of law describes the steps that must be taken in order to enforce a contract or a legal right. While substantive law explains the content of a contract, procedural law is concerned with the method by which it should be enforced.
Values of law relate to the orderly interaction between individuals in a community. Law does not necessarily create good or bad, although a good law will always be better than a bad law. A good law will ensure that individuals will be able to interact with each other in predictable ways, and it will help to restrain power abuses.
While law is a practical undertaking anchored in an institutional and political system, it also seeks to provide reasons that go beyond the social “facts.” Law links to values, and these values must be understood as subjective, historically and culturally developed ideas. This claim is essential to legal discourse.
Opponents of law argue that laws violate people’s rights and freedoms. They point to a recent case in South Korea, where the Constitutional Court will hold the first open hearings on the constitutionality of the National Security Act, which defines certain domestic and overseas organizations as anti-state. Human rights watchdogs have called on the court to strike down the law.