Law, as defined by Merriam-Webster, is the binding custom[s] or practice[s] of a community. Law is the most important invention of human history. It is at the core of civilization, the foundation of democracy, and the source of freedom, liberty, and equality. Law delegates and regulates, enforces and forgoes, legislates and unlegislates. Law is malleable yet tangible, changing yet steadfast, intricate yet discernible. Law is an art, a skill, a practice. Law is one of life’s greatest, most paramount principles.
In order to better understand why law is important, we must approach it from as many perspectives as possible. On the surface level, law can be described as a set of rules. A list of statutes and commands that tell humans how they are to live their lives, and a clear dictation of wrong and right. While this aspect is indeed a function of law, it is not the entire thing. Yes, laws are important to maintain public safety and protect us from crime, but if law was just a device to enforce morally objective truths, we would be living in a society more akin to that of robots as opposed to humans. The beauty (and importance) of law is not in the actual legal system itself, but in how people affect the legal system.
People are not robots, we cannot be programmed to follow a list of instructions without thought and input. Humans have the intrinsic virtue of free will. We can think and make decisions based on our own mortality. This characteristic is highlighted in the Yale Law Journal’s article “On the Origin and Nature of Law” by J. W. Simonton in where he states, “Man is a free moral agent with reason to guide him and with freedom to choose, and therefore the law does not bind him irresistibly, but only points out the way to him, and so far as his transgression interferes with the rights of his fellow's endeavors to compel him to walk in that way.”
This idea of law being a guide that can be chosen as opposed to a set of rules which must be followed is the epitome of legal function- it reminds us that we are the stewards of the law, that it is not the other way around. It proves that humans can choose actions that are morally right and rationally correct with their best interests in mind, oftentimes in the benefit of others. Law is a crucially important structural framework, but people are the nails holding the frame together.
Returning to the idea of a framework, law is a crucial component of a civilized, democratic society. The country we live in, The United States of America, is a great country because it was founded on great law. The legal system of the United States, specifically one that focuses on individual rights and liberties, set a precedent for the old world. Our democracy is based on some of the best legal documents ever created (I’m talking about the good old bill of rights and of course, our constitution), as those legal documents emphasize the significance of personal freedom.
Another aspect that makes the legal system of the United States so excellent is its ability to self-regulate, effectively creating an unbreakable sequence of checks and balances that nearly eliminate the possibility of political corruption (as in tyranny or overexertion of governmental power). This ensures the citizens of the United States the constitutional right to live in a society without an overbearing, tyrannical government. In effect, It puts people in charge of the government, allowing them to democratically enact necessary change or regulation as seen fit. Good law is important- it is elected by the people, for the people, with the people in mind.
Additionally, law is important because it has the capacity to overrule itself and change over time. Generationally, laws have generally been seen as derived from morality; this, however, has resulted in bias against people and actions unfairly defined as “immoral”, or different from the prevailing culture. On top of this, officiators of Law have used it to discriminate and legislate with their own personal interests in mind. Yet, even through all of these flaws, law has not only been able to recognize its mistakes and learn from them, but it has actually repaired itself into a more equitable and fair system in the best interests of everyone.
Lastly, law is important because it has a strong foundation. Throughout time we have seen the different (sometimes unpleasant) layers of law, but at its core, we find great values and virtues that nearly everyone on earth agrees with. Law unites people through this common good, propelling society to be a safer, happier, and more equal place. Yes, law practice has continued to modify and change, but it is founded upon core, fundamental properties that will remain steadfast throughout time.
Law is important because it establishes and supports great countries. Law is important because it gives me freedom, liberty, and equality. Law is important because while it is not set in stone, it is founded on core fundamental principles which are non-negatable. Law delegates and regulates, enforces and forgoes, legislates and unlegislates. Law is malleable yet tangible, changing yet steadfast, intricate yet discernible. Law is an art, a skill, a practice. Law is one of life’s greatest, most paramount principles.
Bibliography
“ON THE ORIGIN AND NATURE OF LAW”, J.W. Simtonton, 11 Yale L.J. (1902).
Available at: https://digitalcommons.law.yale.edu/ylj/vol11/iss4/2
Accessed 11/19/2021