The
very function of law is to bring stability and order to
the group of people that the laws are enforced upon. For
a legal system to work for a society, the laws must be knowable,
fair and implemented equally among the population. Compliance
is impossible without knowing the laws, and knowing the
laws is impossible without them being relatively stationary
and fixed. The rule of law as a system requires not only
the written laws themselves, but also the institutions and
people that enforce the laws and adjudicate those accused
of breaking those laws. At the enforcement and judgmental
stages, the law can become more adaptable to the particular
circumstances.
In the
beginning, laws became necessary as civilizations began
to develop. One of the earliest known set of laws was known
as Urukagina's Code, developed in 2350 B.C. by Mesopotamian
kings. These were the first known laws that allowed normal
citizens to know what types of actions would be punished
and the penalties that could be expected for violating those
laws. From that time onward, human societies have tried
to perfect a legal system through such famous documents
as the Ten Commandments, the Magna Carta, the Constitution
of the United States of America, and more recently, the
World Trade Organization's international trade agreements.
Despite the centuries that separate them, they all have
in common that they were written down as rules of law and
relatively fixed and unchangeable. This allowed the members
of a society to know how they were expected to behave, and
in most cases, what rights they had under that particular
governmental system.
Furthermore,
these written documents showed that as a general rule of
fairness, the laws had to be knowable and at least in theory,
equally applicable to certain segments of the population.
The popular expression "ignorance of the law is no
excuse" would not be practicable if the laws were not
written and available for those who are to comply with them.
Without written and published laws, ignorance of the law
would be an excuse, for an individual would have no way
of knowing what the laws required. In addition, the laws
needed to be fixed and stable so that they could be equally
applied (in theory) to everyone. Frequent changes, especially
those that were made in response to particular circumstances,
times and places, would make for an unworkable legal system.
No one could no what to expect from the law because no one
could no what the law would be on a certain date or under
certain circumstances.
However,
in reality, the law is adaptable and flexible in certain
situations, places and times. Although the written rules
of law must be fixed and seldom changed, the people that
enforce the laws, as well as those who judge those who break
the laws, have a certain amount of built-in discretion to
see that justice is done. A policeman can usually decide,
depending on the particular circumstances of a situation,
whether to make an arrest or give a verbal warning. Once
charged with a crime, the prosecutor can make the decision
whether to prosecute the offense or dismiss the charges.
Even during a trial, the judges and juries have wide discretion
in most cases to adjust the punishment to the individual
situation. It is in the enforcement and judicial stages
that laws and punishments can be made flexible to allow
justice to be served.
In conclusion,
without fast and hard rules of law, a society cannot be
expected to be able to comply with those laws. Certain standards
for enforcement and judgment must of course be followed,
but with a certain amount of discretion allowed to make
sure that, although justice is blind, it is not stupid.
(622
words)