Tuesday, 14 February 2012
What's the point of law?
However it is a legitimate concern that "poor legislation" has been produced - or that the Courts (who also make Law) produce decisions which can have a serious detrimental impact on society and democracy.
But why do we use law? It is a tool to regulate, even change behaviour. Actions which society wishes to discourage can be prohibited (or failure to do positive actions discouraged) by providing for criminal sanctions. It can provide a framework for relationships - such as the law of contract. It can be a useful exercise to analyse legislation.
What is the provision doing? - does it grant a power; or impose a duty. Does it prohibit certain actions?
Why is the provision there? - what was Parliament/Congress seeking to achieve?
How else could this objective be met? - is a law the only answer? could economic incentives lead to similar results?