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Assignment 1: The right use of laws and right order in society protect us from crime and

encourage the grace of salvation, those in authority must use their authority wisely- explain and
illustrate.

Length: 3200 words

INTRODUCTION:
The society in which we live in and talk about all the time are made by the ones who are living in
it themselves, therefore us. Society or human society is a faction of citizens interconnected to
each other through constant relations such as communal status, roles, and social networks. By
extension, society denotes the people of a province or country, sometimes even the planet, taken
as a whole. Used in the sense of an alliance, a society is a body of individuals outlined by the
bounds of functional interdependence, possibly comprising characteristics such as national or
cultural identity, social solidarity, language or hierarchical organization. Looking from a broader
perspective, a society is an economic, social or industrial infrastructure, made up of a wide-
ranging collection of individuals. Now in order to live in harmony peacefully and be saved from
any kind of turmoil and disruptions the society there are certain provisions of the law which had
been enacted to ensure peace. But the essence of focus lies not on the very existence of the laws
themselves, but the proper enforcement of the laws by those who are held responsible for proper
implementation in order to ensure an appreciable amount of effectiveness. This fact applies to all
societies that run themselves based on the foundations of existing laws and regulations. Fair
application of authority is a must in order to give protection and salvation to the deserving.

The theme which I would like to investigate upon in this paper relates to how the right exercise
of laws and order grants protection and the need for those in authority to make wise use of their
authority to make that happen.

DEFINING THE ELEMENTS:


I would like to define the elements that I will relate in this topic. The primary terms are law order
and authority.
Law is a system of rules, frequently imposed through a set of institutions. It shapes political
affairs, money matters and society in copious ways and serves as a chief social mediator of
associations between people. There are several different provisions of law. Contract law
regulates everything from buying a bus ticket to trading on derivatives markets. Property law
defines rights and obligations related to the transfer and title of personal (often referred to as
chattel) and real property. Trust law applies to possessions held for venture and financial
protection, while tort law allows claims for reimbursement if a person's rights or material goods
are debilitated. If the harm is criminalized in a statute, criminal law offers way by which the state
can take legal action the person responsible for. Constitutional law provides an outline for the
establishment of law, the protection of human rights and the election of political representatives.
Administrative law is used to evaluate the decisions of administration agencies, while
international law governs affairs between self-governing nation states in behavior ranging from
trade to ecological parameter or military action. This is just a brief explanation to give a general
idea about the topic of law itself. However, there is a phrase which is “law and order”, this
collective phase has similar implications but in a varied manner. This variance comes because a
deeper perspective implies that law and order refers to a political platform, which actually
supports a strict criminal justice system, mostly with respect to violence and property crime by
application of harsher criminal penalties. Such tougher penalty schemes included extended terms
of imprisonment, mandatory sentencing and in many countries it also meant capital punishment.
This aspect of law and order has been subject a wide range of evaluation. There is one party, who
actually supports the system stating that successful prevention measures applied together with
Imprisonment is the most effective means of curtailing crime. However, another group shares the
perspective that such a violent scheme of punishment would be least effective because the
primary reason of the crime such as, the underlying or systematic causes would remain
unidentified. Also there are aspects of law and order which are subject to misuse and abuse and
often lead to large scale external problems in a nation. Such aspects bring in the question of
authority. There are several definitions and types of authority. However, for purpose of this
paper I would like to state one type which is discussed by Max Weber which is Rational-legal
authority. This form of authority is one which depends on formal rules and established laws for
its legitimacy, which are in turn written own and are very complex. Authority is often
interchanged with the meaning of power. Usually authority has components of both coercion and
affiliation.

WHY FOR WHOM THE SHIELD OF LAW AND ORDER APPLIES:


After mentioning about the elements and their implications, I would like to highlight the subjects
who are actually needed to be given the provisions of the general law and order and their
necessity. Generally considering a society, almost all the segments of it require to be given
shelter under the hood of law and order. The young and the old, the professionals and the
students, every single one of them require the existence of such provisions. The progress of the
economies and other subjects are very much dependent upon the strength of law and order. Of
course that is very much obvious, because no organization would like to start its operations
facing countless security threats. The prevalence of law and order is what actually gives people
the sense of security which actually helps them to feel secure. Consider going for a walk in after
dinner. It would be really a dreadful idea if there had not been the existence of law and order.
Not only that law and order exists to dive the sense of security. Laws are made to force people to
be good, because individuals are more controlled more by their passion and education alone can't
make them good, so laws were created to scare people in being 'good' . Even due to the existence
of the present status of law and order globally, illegal and criminal activities are on the rise.
There are numerous murder, mugging and anti-social activities getting reported every single day.
Considering this fact, it is not really very hard to imagine what could have happened without the
existence of law and order. Absence is one thing, and inadequacy is another. It can be said that at
present, the status of global law and order is not adequate. The society needs law and order to
gain protection from the society itself. Surprising this might sound but security threats in cultures
and groups arise from social reasons, which are composed of several different layers of
complicacies and beliefs and such elements are now a very difficult case to solve. So ultimately
it is the enforcements of law and order which enable smooth operations of daily activities both
on an individual and commercial basis.
THE FORMATION AND EFFECTIVE USE OF LAWS:
There are several different foundations for the formation of law and order. Considering the case
of a typical democratic society, three branches of the government are responsible for creating
and interpreting law and ensuring the right protection. They are as follows, an impartial
judiciary, a democratic legislature and an accountable executive. Upon mentioning about the
three branches, I would like to elaborate them in order to make it more clear how their proper use
enhances protection and salvation. A judiciary refers to the system of courts which interprets and
implicates the law with reference to the sovereign or state. This element also provides the scope
for the resolution of disputes. The subject of resolution of disputes is a very important provision
of law which is an essential fact for granting salvation provided that the mechanism operates
effectively. To elaborate, the official arrangement provides an obligatory structure for the
resolution of many disputes. However, some disputants will not accomplish agreement through
mutual processes. Some disputes need the coercive power of the state to enforce a resolution.
The provisions of law and order provide several ways of law and order, which of course comes
with the legal authorization of those holding the authority. However tactical and wise implication
is a very critical consideration here, which otherwise would result in violation of other
provisions, such as human rights. The scenario of America and Iraq war was subject to several of
such accusations, where in many of the cases the blame was put up due to the ineffective
exercise of authority. Coming back to the topic of dispute resolution, violence and war are both
theoretically and practically parts of this spectrum but considering the practical case which I
mentioned regarding Iraq war, such measures as violence rarely give meaningful results towards
dispute settlement. And in such cases the parties involved, thus the general public are getting
more harm than good, such as the humanitarian situation in Iraq due to the war. Such situations
can again be accounted for by the ineffective use of authority. Violence ends disputes and lives
as well. So the people who possess the authority to initiate violence as measures of protection
and security should be very much thoughtful. Digging deeper into the case of dispute settlement,
it is known that there are two types of processes which are as follows:
• Adjudicative processes: Litigation or arbitration where a judge or jury is responsible for
the outcome
• Consensual processes: these are more of mutual agreement settlement process where
parties use informal support of the law as such collaborative law, meditation, conciliation
or negotiation.
Among the two mentioned above, the prevalence of authority is more evident in the case of
adjudicative processes. Where a person of the higher authority will evaluate the cases and
declare the final judgment. Such judicial hearings are often subject to many controversial cases
and events. This is another example, where it illustrates the fact that those responsible must make
use of their powers prudently and judiciously. That will be an indication of how well the
community is getting served the judicial forces. I don't know, but significantly, many people
want a proficient sponsor when they become involved in a dispute, predominantly if the dispute
involves perceived legal rights, legal wrong doing, or threat of legal action against them.
The most widespread form of judicial dispute resolution is lawsuit. To clear things out a bit
more, the judiciary is a branch of the governmental suit of law and order as mentioned earlier.
But it does not make the law or enforces the law but it interprets the law and applies it to the
facts and information provided by each case.
The second component is a democratic legislature. This module is a type of deliberative
assembly, which possesses the power to pass, amend and rescind laws. The laws created by it are
known as legislations. These legislations have major effects upon how disputes are solved, how
people obtain justice through seeking the support of the active law and order provisions. This can
be labeled as another situation which identifies authority as the controller upon whose command
subjects will receive salvation. Of course, by the very existence of various legislations the
general citizens receive protection from crime. For instance, a legislation which states the active
presence of a greater number of security forces in major residential areas will obviously enhance
safety measures, thus curtailing crime. Some common forms of the legislation are known as
parliament and congress.
The third component involved in the system is the executive branch of government which is the
segment of the government that has the sole authority for the daily management of the state
official procedures. It does not make the laws or interpret them; the role of the executive is to
enforce the law as written by the legislature and interpreted by the judicial system. The executive
has six functions. However, in relation to right use of law in order to ensure adequate protection
and salvation, I would like to mention:
• Guardian of economy - protects the value of the currency and the money of the people
• Commander in chief - commanding the state's armed forces and determining military
policy
• Chief executive - running the functions of the state, managing the bureaucracy, and
deciding how to enforce the law

These are basically the foundations upon which the provisions of the law are built.

THE ESSENCE OF PROPER KNOWLEDGE AND RIGHT APPLICATION OF POWER:


After discussing about the formation of the law and their role in giving security, in some
instances, I also touched a little bit about the importance of exercising the rights to authority
wisely. This factor is one of the two key focuses of this essay, so in this segment I would like to
highlight and extend my analysis on the importance of proper implication as well as the proper
use of law. By stating the proper use of law or the right use, this usage applies not only to the
ones who enact the law but also to hose upon whom the laws are enacted. By that I mean, the
general population who seek protection by laws. For everyone it is really important to be familiar
with the basic laws in context to the place or state where they are located. I am focusing from the
user’s perspective because apart from the fact that whether the laws are being implemented by
the higher authority, it is also very much important that the users actually know about them. In
many countries, it is a very common yet absurd phenomena that most of the citizens are not
aware of the laws and order to which they are subjected to, to strengthen this argument here is an
example, a result from a survey indicated that a huge percentage of Americans are not even
aware the first five amendments from the U.S. Constitution. This might be accounted for my
negligence and improper use of law from the side of the users; however there might be other
reasons lurking under the shadows. Still, a constitution will be of no good if the citizens do not
know what it contains. Application comes from knowledge, whose is very important. There are
laws that lay down foundations for performing of functions on varying levels, such as in case of
businesses and other activities, there are laws that are laid out to protect civil rights and
safeguard against tyranny or other harassments. But at the bottom the need to know and the right
use is a must. Knowledge and usage of laws properly from the user’s perspective has a large
scale of benefits. Such as, by being familiar with the laws of the state where people live in, they
will have a much better chance at protecting themselves by properly making use of the
provisions. Similarly, when people conduct commercial operations with others making use of
law will help the parties involved to fair much better. This will help them both financially and
also help them to prevent any kind of unwanted acts or any criminal acts. Apart from curtailing
crimes, knowledge of being able to implicate laws properly also can dramatically enhance the
quality of lives. Many wealthy people are able to dramatically reduce their tax burden by hiring
accountants or tax professionals who spend time studying the legal code to find procedures for
seeking deductions. This point is however a bit outside the topic, still comes under the benefits of
the right usage of law. Nevertheless, it is the duty of all citizens to be well aware of the
provisions of law that applies upon them if they are to make the right use of their available
facilities. This collective approach will without doubt increase the overall knowledge about what
is to be done and what is forbidden, and this in turn, will reduce criminal acts and increase
protection and enhance the flavor of salvation. So far, I have emphasized upon knowing and
making right use of the provisions of law and order from the user’s perspective. However, to
reduce crimes and to enhance the standard of salvation more effectively, the greater degree of
responsibility lies upon the authority who is the holders of the main powers. The fundamental
nature of this concept is that it is up to them how to make things happen. They set out all the
rules and regulations, and it is their monitoring and their responsiveness to situations which
actually matter a lot. The authority should always carefully analyze all the cases that come to
them and choose their judgments wisely. The degree of situations of course varies a lot, for
instance the procedure of decision making, when it comes to giving orders to raid a local
neighborhood in search for criminals is relatively simple. But it is really complicated when the
same authority has to decide onto whether to wage a war against a neighboring country! Such a
decision might bring up some good results, but at the expense of the loss of lives, damage of
infrastructure and many more. At such situations, it is expected that the authority will use their
power wisely. Considering small cases, in many countries the forces of law and order are
bunkers to many corrupt officials. It is a very common scenario of having officials at such places
misusing their powers for their own benefits at the expense of another innocent’s loss or even
someone’s life. As for illustration, consider the activities of many police operatives. Their basic
motive of employment and training is to serve for the safety and welfare of all general citizens.
But in many cases it is them, who are involved in organizing crimes such as mugging, illegal
extortion. This is absolutely a shame for the people in such designations who are doing
something that are totally out of their professional ethics. Consider another situation that has sent
sparks regarding the use of high authority on a global scale, the Iraq war scenario (again).
Perhaps this could not be a better example to illustrate, where there are arguments for and against
the decisions taken by the American administration. There were countless accusations that the
American administration had misused their power for their self politically motivated reasons and
so on. Whatever the reason was, due to that the government failed miserably, had erupted sparks
from all over the world, especially the Arab nations who condemned the attacks strongly and the
worst hit was the economy and the population of Iraq, not to mention the families of all involved
in the war. So to summarize this incident, it can be ascertained that the insensible use of
authority can lead to a series of catastrophic consequences which can be very hard to recover.

CONCLUSION:
After the analysis which I have provided prior to this segment, I would like to sum up the whole
paper by stating the fact that in order to reduce the overall crime levels and encourage the grace
of salvation, it is a must to reconcile two factors which are as follows:
Have knowledge of the constitution and practical implications of the available laws and
regulations
The authority that is in charge of the higher layer of supremacy will have to use their authority
more sensibly.
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