The Politics of Law

By admin ~ August 23rd, 2012 @ 7:54 am

According to its founders, nothing is as inflexible as law. However, as time passed and society amended, and the most importantly the existence of legal and paralegal professionals, law has become very flexible. It is the “politics” that should be very flexible with reference to time and place; however, it its modern time, law was converted to be as flexible as politics. 1. What is/are the reason(s) for such the change? And 2. Whether it is good or bad? The following paragraphs aim to answer the above two questions.

Regarding the first question, I have two reasons to verbalize. In the first place, is that the society is changing and always changing too fast and the law must follow such the social changes. For example, in the earlier time, there has never been any internet or email, so law to generates such the multimedia means did not exist. However, after the internet and email exist, the law must exist to prevent internet and email from making social problems. Law must follows every development in the society; sex-oriented television, protections to foreigners and its own citizens, multimedia, online and print media, just to name a so-called few. Not only the development arises in its own society, the law must also follows the development brought in by other countries; for instance inter-state adoption and marriage with foreigners. The law was already imperfect, while the society was small and not diverse, how would you imagine the law when the society becomes unlimitedly diverse?

To me, broad social diversity results in legal loopholes, ambiguity and complexity.

In the second rank, because the State legislative body, non-state legal and paralegal entities and individuals want law to be flexible for their institutional or individual benefits. For very practical examples, a State legislative body would not make the law that undermines its leader’s or members’ powers and authorities. Royal family would always solidly preserve the law that grants its power to give pardon. Individuals, such as lawyers and other legal and paralegal public or private professionals would prefer law to be subject to loopholes, ambiguity and complexity, so that they can interpret for their own benefits and have many works to execute.

It is good or bad? Everything is always bad when it derails from its origin. As said earlier, law was founded very inflexible, not like politics which is widely accepted to be very flexible. However, I do confess that we will never ever return the law back to be inflexible, since every society encourage personal and institutional growths as the goal of liberal democracy. But we always can do better.

This article was finished at 11:49A.M., Cambodia’s time.
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