Law as a Living Body

Law as a Living Body

By

Brenda Holder

September 29, 2010

University of Phoenix

Axia College

Law as a Living Body

A law is a set of rules that society sets in order to maintain and protect individual rights. They are written by legislators, such as senators or congressmen and are enforced by the police, supported by the court and prison systems, and practiced by lawyers. Proper laws simply protect rights. They must be objective in both derivation and form so that they recognize the facts of reality giving rise to rights and accurately identify, clearly define, and protect those rights. Rights can be violated only by the initiation of physical force. As Ayn Rand states, “Since the protection of individual rights is the only proper purpose of a government, it is the only proper subject of legislation: all laws must be based on individual rights and aimed at their protection.” Without them there is no liberty or justice. The objectives of laws are clearly defined, consistent, unambiguous, stable and as straightforward and simple as possible, but just because they are written in a book does not mean that it gets put into action. Based upon one’s political orientation, some will generally favor more or less law. Some will advocate minimal law or government intervention and some will seek to create laws regulating practically everything. Without the knowledge of law a person can and will lose their freedom. While we have a whole lot of statues and very little laws, most times the statues do not hold up to the constitution.

Due process

Since some statues did not stand up, in 1976 the United States constitution created the Fourteenth Amendment prohibits the deprivation of life, liberty, or property with due process. The reason for this is so everyone can have fair treatment by federal, state, and local government. The purpose for due process is for individuals to explain and defend their action against charges of misconduct. If a person is treated unfairly by...