Law and Criminality

What is law?

The idea of law has been with us since the very earliest civilisations. It is possible to describe law as the body of rules and regulations that is used to govern a society and to control the behaviour of its members, so Law is a formal mechanism of social control. Legal systems are particular ways of establishing and maintaining social order. It is important to bear in mind that law is a uniquely human phenomena. You don't find ducks or dogs having legal systems. 

Therefore, I think that human cognition is an important part of law. Knowing and understanding these rules and the need for having them is an important aspect of law.

…nuclear warfare is not necessary to cause a breakdown of our society. You take a large city like Los Angeles, New York, Chicago–their water supply comes from hundreds of miles away and any interruption of that, or food, or power for any period of time you’re going to have riots in the streets. Our society is so fragile, so dependent on the interworking of things to provide us with goods and services, that you don’t need nuclear warfare to fragment us anymore than the Romans needed it to cause their eventual downfall."
– Gene Roddenberry

Why do we need law?

There are many views on this subject but personally I think laws are guidelines that set out appropriate behaviour that has been developed over time, and are based on moral beliefs and the human condition that sets out the purposes for which society in general exists. Without the fulfillment of these desired tasks, man simply will become equal to animals – or worse still, allow their darker sides (or impulses) to emerge and control their lives. Thus, law acts as a guardian against the inevitable anarchy that would engulf humanity if law did not exist.

Racial riots in Cronulla, Australia.

On the other hand, we have those who believe that mankind is naturally good, and it is the external forces that surround us that are completely responsible for any wrong doing that takes place – for instance, the government and it's policies. It could be said, for example, that apartheid existed in South Africa previously because of the flawed policies of the "whites" controlled government.

                                

St Augustine’s (a Roman priest) assertion that law was a natural necessity to curb man’s sinful nature was widely accepted for many centuries. He famously said, "what are states without justice but robber bands enlarged!"

These ideas emanated from the early Greek philosophers. Aristotle argued that the primary function of any state was to promote virtue. He believed that man possessed a natural virtue which is capable of development. Laws therefore are necessary to make men good and society productive. St Thomas Aquinas (a Christian scholar) defended these ideas by saying that the state was not necessarily evil but was a natural foundation for the development of human welfare.

Human history, of course, is full of examples of tyrannical rulers and evil laws. Therefore, the above view must be examined and challenged. 


Karl Marx had a very different view of law. He believed that law was essentially a tool used by the ruling classes to keep the workers (the proletariat) under control. He envisaged the overthrow of the capitalist society by a violent revolution of the oppressed proletariat. Law, to him, was nothing but a coercive system devised to maintain a class based society.

In a society of equals there would be no need for law and the law and the state would ‘whither away’ as being no longer needed to support an oppressive regime. 

However, his claim in reality did not happen in any of the so-called marxist countries - like the former USSR, Cuba and China. In fact in these countries, there was and is a more pervasive use of the law as a device of social control.

In my view, it is unlikely that any human society can exist without law. Even if we all have the same amount of money, that does not mean that people will stop killing each other or that families will not breakdown - so that we need laws on divorce. It is fact, that even in the simplest of societies, some form of legal rule and guidance is without doubt needed to control society.

5 quotes - and why I chose them.

#1. St Thomas Aquinas - Law is "Nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated."

I like this quote because it represents for me the best of human aspirations. Ultimately law should be about promoting goodness and protecting society from evil. Though the idea of good and evil is in itself controversial.

#2. Thomas Hobbes (English philosopher born 1588) - "Law is the formal glue that holds fundamentally disorganised societies together."

I like this quote because it is pragmatic and is essentially true. It's simplicity is genius. 

#3. Karl Marx (Father of Communism) - "Law is a tool of oppression used by capitalists to control the proletariat."

I like this quote because it really got me thinking. Perhaps there is some truth in what he is saying. If a woman steals a loaf of bread to feed a hungry child, it's stealing. Equally, the same offense is committed by somebody like Bernie Madoff, who stole billions! The punishment for both crimes is imprisonment - the only difference is the length of the sentence. But the woman was trying to feed a hungry child, whereas Madoff destroyed the livelihood and lives of thousands of people!

#4. Glanville Williams (British lawyer and author of the book Learning the Law) - "Law is the cement of society and also an essential medium of change." 

This quote is a fairly comprehensive summary of law's function. I think it helps me understand the importance of law to society and the importance of changing the law when necessary.

#5. William Shakespeare (Henry The Sixth, Part 2 Act 4, scene 2) - "The first thing we do, let's kill all the lawyers."

This is a very amusing quote oft misquoted. When Shakespeare said “kill all the lawyers,” he was probably using it as a dramatic device to suggest a loss of lawyers would lead to lawlessness and anarchy. Instead, in a development unimaginable to Shakespeare, the proliferation of lawyers and legal excesses have brought a different form of societal destruction: lawyers abusing the system and using legal procedure as a way to frustrate justice. So I think today - the sentiment in some cases would be literally justified.

I would like to share a wonderful poem by JRR Tolkein,

"All That is Gold Does Not Glitter"

All that is gold does not glitter,
Not all those who wander are lost;

The old that is strong does not wither,

Deep roots are not reached by the frost.

From the ashes a fire shall be woken,

A light from the shadows shall spring;

Renewed shall be blade that was broken,

The crownless again shall be king.

This eloquent poem is an ode to democracy and the power of people to chart their own destiny.