“Law as dictate of reasons with Merits and Demerits-explain”

1. 1.     Introduction

Law plays an important role in the society. It is very important for any country. Law tells us what is legal and what is illegal. Every country has a law. Government used law for balance of the country. Without law one person can harm another person. So law is very important for everyone. Law helps us when our right another person does not want to give us. We can establish our right through the law. When we sign a contract with another person for doing business and after some day the person does not keep our business contract that time law can establish our right. There are many advantage and disadvantage of law when law as an indicator.

1. 2.     Law

 I want to stop  road widening project near my home, I want to pursue against any person for breaking my car, want a local store to replace my buying defective product  or I want to start new business with other or I want to contract with other for completing my work. Each of these scenarios involves the law. Law is the set of rules that guides our conduct in society is enforceable through public agencies. Our relation with one another which are governed by many rules of conduct, like concept of ethics and fair play to minor etiquette Such as when we introduce with new people, how we can introduce strangers to one another. We obey these rules because we think they are right or simply because we desire the approval of others. If we do not follow these rules, other may treat with us differently.

2.1 Definition of law

Generally Law is found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behavior of its members, so Law is a formal mechanism of social control

• Marxist theories of law generally define law as a tool of oppression used by capitalists to control the proletariat.
• “Nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated”.(St Thomas Aquinas)
• “Law is the cement of society and also an essential medium of change. Knowledge of law increases one understands of public affairs. Its study promotes accuracy of expression, facility in argument and skill in interpreting the written word, as well as some understanding of social values”.(Glanville Williams)[1]

2.2 Categories of Law

There are different types of law:

2.2.1Criminal laws: designed to protect society as a whole from wrongful actions (police can take action)

  2.2.1.1 Traffic/road laws

• drink driving
• speeding
• illegal use of an aeroplane
• driving in an unregistered vehicle
• wilful damage of vehicles
• not wearing a helmet
• stopping for pedestrians
• correct indicating

2.2.1.2 Public order (peaceful and safe community)

• drug use
• public decency (sleeping on the streets)
• carrying of weapons in public
• dry areas
• rioting
• protest marches (staying non-violent)
• assault
• defamation (writing things about people that are not true which harm their character)

2.2.1.3 Property

• arson
• trespass
• larceny (theft)
• littering
• vandalism
• intentional damage

2.2.1.4 People

• passive smoking
• rape
• murder
• harassment
• suicide
• sexual abuse

2.2.2 Civil laws: help to solve problems which occur between individuals or groups (trained legal personnel and courts help solve)

2.2.2.1 Contract law (agreements, responsibilities)

• not allowed to break a contract
• marriage
• fishing licences
• misleading advertisements

2.2.2.2 Employment law

• reason for firing someone
• fair duties as an employer
• equal opportunities
• not to work over 40 hours in any one week (appropriate overtime penalties)
• wrongful dismissal
• age discrimination

2.2.2.3 Family law

• abuse of children
• catering for kids until they are 18 years old
• domestic violence
• custody of children
• registration of birth
• maintenance issues

        2.2.2.4 Law of Torts

• compensation (dog biting)
• accidents involving other animals
• others injuring themselves on your props[2]

1. 3.     Dictation

Dictate means order or indicate. Dictate someone for doing something. Suppose I tell my driver everyday you will wash or clean the car at morning. This is example of dictate. I tell him for washing car every morning and he supposed to do it. the nature of law is fundamentally that which the sovereign commands. This concept of positive law is contrasted with similar ideas [3]:

• ‘Commands’ involve an expressed wish that something be done, and ‘an evil’ to be imposed if that wish is not complied with.
• Rules are general commands (applying generally to a class), as contrasted with specific or individual commands (“drink wine today” or “John Major must drink wine”).
• Positive law consisted of those commands laid down by a sovereign (or its agents), to be contrasted to other law-givers, like God’s general commands, and the general commands of an employer.
• The “sovereign” was defined as a person (or collection of persons) who receives habitual obedience from the bulk of the population, but who does not habitually obey any other (earthly) person or institution. Austin thought that all independent political societies, by their nature, have a sovereign.
• Positive law should also be contrasted with “laws by a close analogy” (which includes positive morality, laws of honour, international law, customary law, and constitutional law) and “laws by remote analogy” (e.g., the laws of physics).

Relating to the above scheme, Austin also wanted to include what later theorists would call rules of recognition within this schema, as well as those that prescribed action but without sanction. The above criteria highlight the separation between legal rules, religion, morality, and convention / custom. This line, however, excludes public international law, and parts of constitutional law.

The word of dictate is using very commonly in the law. Law dictate us you should not do this work like this. You have to do this work like this means what is mention in the rules of law. We have to follow during doing any work otherwise it may be out of rules of law which is not legal. Lawyer dictated security when needed to arrest someone for his/her illegal work. When anyone pursue against another one, high court dictate police for arresting him/her. So dictate is related with law. In contemporary usage, dictatorship refers to an autocratic form of absolute rule by leadership unrestricted by law, constitutions, or other social and political factors within the state.

1. 4.     Merits and demerits

4.1 Merits

The benefits depend on who you are in that country. If you dictator, you have all the benefits from the start to the end. If you just live there, and even in very high rank, you have chance to get executed any second for anything or even without any reason.
The bed part for dictator in that country, there is always the end[4].
USSR keeps it up for more than 70 years. China mostly keeps it even today. Well not exactly dictatorship, more like oligarchy. But the thing is most dictatorships are in fact oligarchies. It would be practically impossible for one guy to keep entire country under his hill[5].

Dictatorship can be defined as a form of government in which the power is centralized. It either lies with a single person or a small group of people. The general population has no say in the functioning of the government. The people do not have any choice with regards to by whom or how their country will be run. In a dictatorship form of government, the people are expected to do, whatever is decided for them by the dictator. China, Zimbabwe, Egypt and Cuba, among many others, follow dictatorship form of government. Let us try to understand its advantages.
4.1.1 Stable Government
As in a dictatorship, the decision-making lies with only one person and others do not have any say in the working of the government, it offers a kind of stability to the country. Problems such as frequent elections, as in the case of democracy, or a disruption of peace due to political factions, do not arise in a dictatorship.

4.1.2 Less Room for Corruption
A dictator is very stringent with regards to the rules, regulations, penalties, punishments and rewards. This makes the people working under him less liable to corruption.

4.1.3 Most Efficient During Emergencies
when a country faces any kind of emergency, such as a war or a health epidemic, a dictatorship government can prove to be the most efficient one. The reason being that all the decisions are taken by one person, so there is no ambiguity with regards to the plan of action as well as individual responsibilities that are fixed to cope with the emergency. So one of its main advantages over democracy is that it is better equipped to face emergencies.

4.1.4 Lesser Crime Rate
Most of the dictatorship governments are police states. So, in a way there is low crime rate under such regimes. Another reason for a better law and order situation in these states is that various laws are passed immediately, without any discussion or waiting for the public opinion on them. This leads to better control over crimes too.

4.1.5 “Things Happen” Quickly
In a dictatorship form of government, all things, whether related to governance or businesses or anything else, happen much quicker than in other types of government. The reason for this is the same i.e. decision-making lies with a single person.

Although for these advantages to translate into real life, a dictator needs to be self less, benevolent, well experienced and intelligent. As a dictator has unlimited power, if he does not possess these qualities, the disadvantages of dictatorship, such as oppression of people, no freedom of choice for the people, accumulation of wealth in a few hands, loss of civil rights, flawed decision-making, etc. can lead the country towards a wrong path. Looking at the stakes associated with a dictatorship form of government, many countries under such a regime are considering becoming democracies, which is a form of government for the people, of the people and by the people. Today, looking at the progress democracies such as America and India are making, democracy is considered the best form of governance.

4.2 Demerits

4.2.1 Owned and operated by government

Government holds all power of high court. High court judge follow government direction. So dictate is demerits in term of this issue. Government used dictation for their own benefit. They always try to use for benefit of their own party and party member. They do not think about general people which are disadvantage of dictation. Suppose government want to win a case because

4.2.2 Repeated failures,

Due to wrong dictation, it can be repeated fail. When government wants to work without consideration of the general people that time if government dictates to do that work, it will be fail work because general people will not allow this type of work in the country. On the other hand government have a big benefit in this work so government will try to do this work that time it can be repeated and it may be fail repeatedly.

4.2.3 Lack of innovation

Dictator can affect in innovation. When Government as a dictator, they do not care other people except their own party people. Suppose any one want to invent something new but he/she do not get support of government that time he/she will not try to invent because government do not help him/her during research. When government do not care highly educated person, innovation will not increase. At a certain time innovation will decrease and country will suffer from lack of innovation.

 4.2.4 Coercion

Government always tries to win and whatever government wanted to do, they try to do it very easily. They work in term of their interest. They force other people for completing their work. When government as dictator they use their power to people for confirming of their work, they forced other people for doing their job[6].

4.2.5 Lack of accountability

True shared governance attempts to balance maximum participation in decision making with clear accountability. When government as a dictator they are opposite of this statement, they do not share anything with public clearly and they do not balance in their work. They do not make decision clearly[7].

4.2.6 Political manipulation

In politics manipulation is understood as a special kind of influence when the manipulator induces the person to actions which that didn’t intend to carry out at present. Manipulation differs from power, imperious influence with absence of the direct instructions, the order what to do, and open compulsion following it or threat of application of sanctions [1]. In a course of manipulating influence the person doesn’t feel external compulsion, it seems him that he makes decision, chooses the form of the behavior himself. The manipulation in the politics has deep gnoseological roots as the policy is difficult area, often hidden from eyes of simple people, extremely inconsistent and able to be false, immoral, dishonest, etc. Therefore to the simple person it is enough difficult to understand political events, to explain, estimate them. Not casually many people, being object of manipulations, don’t aspire to leave from this captivity, and are content with estimated judgment about the politics in a word: it “is pleasant” or “is not pleasant”. In this connection it is necessary to tell that in a political manipulation its allocate  two main models: psychological and rational. The basic characteristic of the first model is use of automatic reaction of the individual on those or other psychological stimulus. The essence of a manipulation consists in this case in a choice of the most suitable stimulus for actuating of those psychological mechanisms which are capable to cause reaction wished for the manipulator. At such approach the person is considered as the simple mechanism operating by a principle stimulus – reaction. In rational model the manipulation is carried out not through the usage of psychological motives, and by means of a deceit and perfidy. Among the forms of a manipulation carried to this model, the following  are allocated: reduction of volume of the information accessible to the ordinary citizen; propagation use, i.e. granting to citizens partly true, but the tendentious information; Privacy use, i.e. deliberate concealment of the information which is capable to undermine an official political policy; the information overload, i.e. conscious granting of the excessive information on purpose to deprive of the ordinary citizen of possibility adequately to acquire and truly to estimate it. The sense of such approach consists in difficulty for individuals of actual access to the information that forces them to rely on its official interpretation[8].

4.2.7 Indoctrination

Citizens of all age groups and occupations were subject to intensive political and ideological indoctrination. Non-aircraft specific subjects include: basic indoctrination, general emergency and hazardous materials. When government as a dictator, all citizens of the people must be politically involve.

4.2.8 Hostility to many deeply-help personal or religious convictions

When government as a dictator they help their religious group people most of the time without considering other things. On the other hand if anyone expected government help, the person do not personally known by government then government will not help the person.

1. 5.     Conclusion  

In conclusion I can say that law is very beneficial for government and powerful person more than general people. When law as a dictation of the government, general public right do not properly establish. So general people do not get so much benefit from the law on the other hand powerful person getting benefit through the use of law. July 25, 2012

Reference

1. Available at www.civicsandcitizenship.edu.au/verve/_resources/lawtypes.doc(access july 24, 20120

2. Adapted from B Bix, the Stanford Encyclopaedia of Philosophy: John Austin [14 November 2002]

3. L. Brian, Realism, Hard Positivism, and Conceptual Analysis, Legal Theory, 1998, vol. 4, pp. 533-47

 4. J. Austin, The Province of Jurisprudence Determined, W. Rumble (ed.), Cambridge: Cambridge University Press, 1995) (first published, 1832) p157

 5. B Bix, The Stanford Encyclopaedia of Philosophy: John Austin [14 November 2002]

 6. Adapted from B Bix, The Stanford Encyclopaedia of Philosophy: John Austin [14 November 2002]

7. A Marmor, The Stanford Encyclopaedia of Philosophy: The Nature of Law [15 November 2002]

8. Available at http://sixthformlaw.info/01_modules/other_material/law_and_morality/0_what_is_law.htm(access july 24,2012)