Thursday, July 18, 2013

Law is always evolving

Law is not a fixed thing. It has to change as the social changes. Society is never static, nor should law be static. Some laws are more permanent than others and yet some are merely transitory or outdated and must be changed. The laws against theft of cattle had to undergo changes. Now, the status of the theft,( Misdemeanor or felony ) is determined by the amount stolen. The laws with respect to automobiles had to evolve as the development of the auto evolved. Traffic laws became necessary. We drive on the right side of the street, whereas other Countries drive on the left side of the street etc.. It used to be that there were no speed limits. Now, they're essential. But, belief systems cannot be compelled by law. Neither can 'likes' and 'dislikes'. No law exists that states you have to 'like' or 'dislike' someone. Hence there are many areas in the social that are not susceptible to control by law. Some areas should not be subject to laws, yet the careless and dangerous use of certain technologies mandates some control over those areas. For example; laws on the use of cell-phones in a school zone; laws against texting while in a moving automobile. There used to be a prohibition against firearms in and around schools. We are witnessing some movements to arm school teachers or school guards. The reason for that seems to be the recent school shooting. In other words we arm the teachers with guns to keep out the public from coming into schools with guns and hurting the children. In a way that makes sense, but, how are we going to police the teachers to make sure they don't turn the guns against the children? We cannot assume that all the public is vicious anymore than we can assume that all the teachers mean well. Passing laws is not a simple matter. Laws cannot discriminate against anyone in the social. But, if any law has proven disastrous or discriminatory, it must be changed. If jurors are compelled to follow rules in their deliberations (which they are) and the result is unjust, we must change the law. That law is unjust.

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Democracy For The Bottom by Gilbert Gonzalez is licensed under a Creative Commons Attribution 3.0 Unported License.