Essay: Basis of Law is Reason

15 Oct

Essay: Basis of Law is Reason

Sample Essay

The basis of law is reason itself. It cannot be that a given law is the maxim according to which human beings act, no. A society should base its legal and/or moral statutes in the light of good and sound reason.It should not be the case that civilizations succumb to slavery; or better still, no one should seem as if s/he is a slave of the law. Today, due process of the law is very important, very important in deed. Due process is a vital, constitutional assurance and an affirmation that all legal proceedings will be just and fair and that one will be notified of the proceedings and a chance to be heard will be provided accordingly. No government whatsoever can obliterate once life, liberty and/or property; not outside the principles of habeus corpus. Further to this, no law deemed unreasonable, arbitrary or erratic shall be considered worthy to be practiced (Law Dictionary 1). The aspect of justice and fairness is very relevant in due process. Therefore, one may ask: did Socrates understand due process of the law inasmuch as he wished to live up to the decrees of the state? All that can be seen is a person who is willing to die merely because the laws of the state say so. Again, is the case of Socrates just and fair? In other words, how can one justify his death and from a legal point of view? Due process is among the pillars of a social contract. That the laws should not be taken for granted and for the sake of it.

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