Author: Ritika Singh, Sister Nivedita University
HEADLINE OF THE ARTICLE
The concept of law has always been a contentious topic. Some powerful individuals believe that law is a myth, easily manipulated for personal gain. Conversely, others view law as a potent force that shapes society and controls crime. To delve deeper into this topic, we must examine whether law acts as a societal myth or as an effective mechanism.
TO THE POINT
Firstly, what is law? It is very difficult to define the term law, it is a set of rules and guidelines established by governing bodies to uphold peace, harmony, and equality within society. Throughout history, law has evolved significantly. Thousands of years ago, ancient laws such as the Code of Hammurabi (circa 1754 BC) governed daily life, trade, and property matters. Similarly, the Ten Commandments (circa 1400 BC), found in the Hebrew Bible, provided moral and religious directives for the Israelites.
These historical examples illustrate law’s foundational role in structuring societies and regulating human behaviour. They demonstrate that law is not merely a myth or a tool for manipulation but a fundamental framework that guides and governs human interactions. In contemporary society, laws continue to play a crucial role in maintaining order, ensuring justice, and protecting individual rights. Therefore, while debates persist about the effectiveness and integrity of legal systems, the historical and practical significance of law as a stabilizing force cannot be overlooked.
USE OF LEGAL JARGON
To analyse the truth or myth of law, we will use legal jargon such as “rule of law,” “legal positivism,” “natural justice,” “ultra vires,” “jurisprudence,” “Audi alter am partem,” and “res judicata” to ground this analysis in doctrinal context.
THE PROOF
RULE OF LAW
It distributes few universal principles;
· ACCOUNTABILITY- The responsibility of both private and government actors are subject to legal accountability.
· OPEN GOVERNMENT- Accessible, equitable, and effective procedures are used in the adoption, administration, adjudication, and enforcement of the legislation.
· ACCESSIBLE AND IMPARTIAL JUSTICE- the justice is competent, moral and independent representatives and neutrals who are reachable, resource sufficient and reflect the representative of the society they serve administer justice in timely manner.
ABSTRACT
LAW AS A MYTH: DECONSTRUCTING PERCEPTIONS
Some of the critics feel that law Is a myth and it can be manipulated by the powerful and law is made by the powerful people to maintain a control over the country. Like the businessman in India always play a major role is the structure of some new law whenever the elected party brings new law. Law is a myth this can be believed by many instances which happened in past like the apartheid laws in South Africa or Jim Crow laws in the United States, which showed how injustice is provided by the higher officials.
WHY LAW IS NECESSARY
As we discuss that law plays a vital role, there are two perspective, law is necessary for each and every citizens, they could be a ‘poor people’ or a ‘rich people’. Law can understand having a different perspective of each group that ‘what the Poor people & rich people thinks about law and its effects’
The legal services that rich and corporate class receives from a network of connected law firms rather than individual attorneys. These law firms employ hundreds of attorneys and domain experts around the nation to offer their clients highly specialized services. The middle class is unable to pay for their service’s, they go to private attorneys or government financed legal aid services authorities act.
When we talk about law the poor people have to be more alert about what they do as they don’t have enough money to file a case if there have been any disputes. The poor people are unaware from there own rights and freedoms because of the lack of money, unable to get proper education, their own everyday needs which the normal people have in there life, the poor suffers more and more every single day. This kind of conditions that prevail in countryside that serves a breeding environment of the poor and rise of extremist movements, making the rule of law weak and constitutional government.
The poverty law describes to safeguard the rights of the poor people where injustice has been done by law. And also define as the legal statutes, regulation and policy that apply particularly to financially support poor people in their living.
Now, what the rich people thinks about law? why it is necessary for them. Law plays a crucial role in everyone’s life as it set some rules and guidelines. The law is for each and everyone in the society, but sometimes the law have been seen not equal for everyone, the rich people breaks law and get off easier because they can pay more money to avoid charges, get better attorneys to find every single hole in the prosecution’s argument. The rich people tend to be more politically connected, the police and prosecutors generally have the freedom and power to make own decisions about the crimes they want to charge or don’t, they are less likely to charge rich peoples. If police/prosecutors don’t charge person with crime then the person cannot face the consequences for being criminal, maybe they could be guilty. At worst situation the rich people can be sue by their victims in the civil system, depending on what crime has been committed by the rich person, it will only be a financial cost at last.
CASE LAWS
PUNE PORSCHE CAR CRASH: A SPEEDING CAR, TWO DEATHS, AND A COVER UP
Kesavananda Bharati vs State of Kerala (1973 AIR 1461, SCR (1) 1)
Shayara Bano v. Union of India (2017 9 SCC 1)
CONCLUSION
In conclusion, law is the controversy topic with strong opinions of individuals. Some people assume that law is just a fabricated idea where the people in power or high position use to dominate others.
Furthermore, people see it is a vital role for keeping civilization organized in their order and justice. It is made by the government to maintain it’s harmony and peace in the society, rules and guidelines that should be maintained and each and every individual treated equally. Since ancient times, laws have been survived in different system. The code of Hammurabi from several of years ago set to the modern legal system like equality, business transaction, etc. In the role of law, it is mainly to keep situation functioning fairly, equally and smoothly and the role of law also safeguards the rights, freedom of rich and poor people. But the rich people’s wealth are more benefit in safeguarding the assets and wealth and their business, the poor fight for there rights. Despite the importance, law being influence by the powerful people and control for own benefit like apartheid laws in South Africa, Porsche car crash case, shown that how laws can be harsh on people.
Ultimately, the debates about laws equity and strength go on, the progression over time shows how role of law is crucial in protecting peoples rights and forming societies rights. Without being affected by the criticisms, law always remain the fundamental tool for the individuals to maintain their rights, order and justice in this complicated world.
FAQS
Q1: If laws are broken often, doesn’t that mean they’re just myths?
A: No. The violation of law doesn’t negate its existence. In fact, consequences like penalties and court orders prove law’s effect. Enforcement is the key.
Q2: Can law be both real and mythical at the same time?
A: In practice, yes. Law is real in its effects , but mythical in its idealism when it fails to be
Q3: Can law and justice is difficult for the poor people ?
A: Yes, something law and justice can be different and difficult for the poor people because if they cannot hire a positioned lawyer for them and sometimes they don’t get justice because of it .
