dicapino Posted December 15, 2013 Share Posted December 15, 2013 Laws should be flexible enough to take account of various circumstances, times, and places Laws, by definition, are rule and codes that help regulate and guide the social behaviour of man. While some persons prefer laws to be rigid and clear, others argue that laws should consider disparities in cultures, social norms and times. I believe laws should be flexible, so as not be seen as unjust; and rigid, so that clear statements are made against many social ills and crimes. Firstly, the Bigamy law, a law that prohibits a man from marrying multiple wives, is a clear example why laws should be flexible. In the West this law is effective because Christianity has propagated this doctrine for many centuries. Such a law would be unjust in the African setting, a continent were many, if not all, traditions and cultures see polygamy as way of life. It will be harsh to indict or punish an African man because of his beliefs, this norm were passed down to him from successive generations and if such laws are to be legislated, politicians must consider these sharp cultural differences, so that the law is not seen as a punishment by the public. To further illustrate my point on flexible laws, take the example of traffic laws. Should the traffic law in Newyork City be similar to that in a small county or town? While it may be argued that strong traffic laws help abate myriad of cases drunk-driving and road accidents in a large city, there fails to be lucid reasons why such laws should be replicated, word for word, in a place where the population density is less, fewer cars taxing the roads and much less accidents. Such strong laws will be harsh in these situations and the public do not view the law as a corrective tool but with fear. On the other hand, rigid laws are important because certain social ills and crimes have to be counteracted with laws that make strong and clear statements. For instance, issues of domestic violence and terrorism should not be treated with kid gloves and when such laws are broken, culprits must face the rule of law, thereby, dissuading and curbing such heinous acts within the populace. We are aware of the effects of flexible gun control laws in the United States, ordinary citizens have access to military grade guns and this have trickled down into the wrong hands, leading to unnecessary deaths in public places; the Colorado theatre shooting is a vivid example. In conclusion, laws should both be flexible and rigid. Examples like the Bigamy law, traffic law and gun control law reinforces this view. Legislators must find a balance between rigid and flexible laws, as laws lose their legitimacy when considered harsh; also, can be seen as unjust by the public and can be manipulated when too flexible. Link to comment Share on other sites More sharing options...
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