Saturday 13 April 2013

The Law is not the Absolute Remedy to Social Disputes

Law is taught at universities from a humanistic perspective. Humanism is the idea that humans are absolutely capable of fixing our own problems, including resolving disputes between people. There is no doubt that the law is needed to maintain social order by providing a framework for society to live, and to protect human liberties.

However, it cannot be denied that the law alone cannot change wrong social attitudes towards different groups or aspects of life. The law is merely concerned with what people do, not what people think. Laws cannot change the hearts of people.

At law school, students are taught that democracy is unquestionably the best form of government  because people can choose their government, any disputes can be resolved by the law and that any social reform need not take ethics or morality into account. Most students to take these assumptions at face value without challenging these ideas.

People attack one for being a communist as soon as one critiques democracy. People attack one for being sexist as soon as one critiques any female privileges granted by the law. People attack one for being bigoted,  conservative and illogical as soon as one critiques the lack of concern for ethics or morality to guide legal principles.

Such assumptions must not go unquestioned. One must never forget how powerful is the spirit of the law in influencing the way people behave and think.

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