Law as a Living Body

Since the foundation of this country, the interpretation of laws have been changing as fast as our society has been changing in the past few centuries. Law must change according to time, and the way society lives. For example, the American constitution states that we have the right to bear arms, but that right was stated in the late 18th century. The meaning of the right to bear arms means differently today than it did in the 18th century, since today we have machine guns and weapons that are much more destructive then in the 18th century. So how can we apply centuries-old rights and laws into today’s society? The answer is that law always evolves with society, and interpretations can change, and law is a sort of “living body”, which is much more then what is just written in the books. It can take action differently in each case, and be “flexible”. That is why law in action is important, and takes a larger role then written law. Since laws are first created and written, it really depends how the law is used, and how it is interpreted in the real world. A law might be written and might also state how that law should be punishable. But since law is a “living body”, law in action is part of the living body. Law in action is the way a law is actually applied and interpreted, in regard to the actual written law. Law is action is always changing, and written law stays the way it is. Since law in action is always changing, different jurisdictions might charge a person differently, even though it might be the same law. For example, a person driving under the influence of alcohol kills a person on the side of the road. One jurisdiction might punish that person differently than in a different jurisdiction. Objectivity of law is important to the concept of “law as a living body” as well, since laws can be interpreted by a judge, and applied as well. Judges can view laws objectively, since laws are in action when they take place in the real world.

Due process is a part of...