Studying Law - Personal Statement Example

Studying Law Personal Development Portfolio: An exercise in self-reflection upon the law I decided to start a degree in legal education because the subject fascinates me and I think it is cool. My original perception of the field of law before starting the course was closer to the positive law theory than natural law theory. But having studied the English Legal System and especially after reflecting on specific issues related to aspects of law, I am now inclined more towards natural law theory. I shall write on this in detail below. My Personal Development Portfolio will also include particular mention of what I have learnt about the sources of the English Legal System, what I have discovered with regard to the interpretative freedom that judges possess in making judicial decisions, the type of relationship I have identified between the legislature and the judiciary in terms of statutory interpretation, what I understand to be the power of precedent, and what I understand to be the role of human rights in law. When we delve on issues of rights, wrongs, responsibilities, duties, fairness, justice, equity, morality etc. as discussed in our classes they are not easy to define precisely because they are not just terms but concepts that can vary as much as the capacity of humans to hold divergent thoughts and opinions. The concepts of rights and justice especially I believe underpin all forms of law and its application and rules in general because all legal systems, the English Legal System included, seek to uphold rights, redress wrongs and ensure that justice is done. Justice is a fundamental principle that defines what a legal system ought to do. The capacity to do this indicates the general acceptance and strength of a particular legal system as well as reflecting the nature of the society itself. Shortcomings on the other hand lead to changes and modifications in law, or in extreme cases to dissatisfaction with the law. In other words the question of whose hand the authority rests is important because law can very easily be used as a tool of oppression also. The discussions and personal reflections dealing with the aforementioned issues have strengthened my views on natural law theory. Positivist legal theorists have a very narrow view of life and reality. A legal system may very well be a self-contained unit with a common source of sovereign power but in practice no legal system exists or can function exclusively or independently of another. In my opinion, the concept of law also is neither static nor uniformly agreed upon. For example, we have the law as understood and upheld by the state (the subject of my studies) competing with customs, traditions and especially religious law, which is also very formal and defined with historical roots. I believe when we talk of law we refer to a particular legal system because there is more than one. There is not one statute law either as the numerous states of the world and other international bodies each have their own legal systems. The role of a judiciary therefore is interpreting the law within the confines of a particular legal system and applying it to the best of their own understanding of it. So, in studying law I am really studying the English Legal System supported by the government of the United Kingdom and administered by entities such as the British police, lawyers and judges and imposed upon the British public. The basic complication with religious laws is that the sovereign who is usually regarded as God, in not approachable and therefore cannot be called upon to account for any issues of law. All we can rely on are dated scriptures interpreted by individuals who tend to hold certain strong views and perceptions of truth and reality. Thus man-made law is essential for modern society. However, I do agree that religion plays a significant role in defining issues of morality and justice. And, that it ultimately has a higher authority than any man-made law. So it is a legitimate domain of law or legal system in its own right, just that modern society necessarily needs a complementary system of man-made laws that can respond to present day challenges. Problems arise when different legal systems clash over specific issues. For example if we take adultery, it is a crime in many religious legal systems including Christianity but not so according to the English Legal System. Lying also is immoral but not illegal in all instances. This then highlights how the man-made laws are a reflection of prevailing cultures whether they are right or wrong being a different matter. Also, religion provides a more solid framework of moral codes and principles of justice within which a man-made legal system ought to exist. A discussion of human rights will also show how man-made legal systems are subject to higher guiding principles in further support of natural law theory. The English Legal System like those in other parts of the world closely resembles natural law rather than positive law because although it is a self-contained system to an extent, it is impinged upon by international bodies to an increasing extent in the global system on one hand and to wider moral and religious principles albeit loosely on the other. Recent incorporations of the European Convention of Human Rights into British law for example shows how different legal institutions and systems interact. Now I shall turn my attention to the English Legal System and the way in which its laws are defined and interpreted. Defining and interpreting law involves itself with a lot of hair-splitting precision and consideration of all possible scenarios. This I feel is a necessity reflecting the complexity of human society besides being a defining feature of law. It demonstrates the technical nature of the subject as well as the skill of those who make the law. I would liken it to a tree with ever-growing branches and sub-branches that is as old as the legal system itself. Now and then some branches are redefined, which is the objective of the legislature and sometimes new splits are made usually by the judiciary. Another peculiar feature of law studies I have come across is the manner in which cases are cited in legal reasoning and how this is applied when exercising the power of precedent in practice. It is a similar situation when we interpret religious laws that refer to particular scriptures. But learning law I feel is not merely a matter of memorising copious case material and being able to reproduce it together with names and years, rather it is fundamentally about understanding legal entities and processes and the ability to demonstrate that understanding. One of the interesting aspects of studying law that I have found is the way in which law is interpreted by judges in making judicial decisions. The reason being that it demonstrates a general principle of literal versus liberal approaches to rendering the meaning of a textual wording. It also displays the general attitude of the interpreter i.e. whether he or she wishes to convey the exact sense or has a deeper and comprehensive understanding of the spirit of the whole matter and is skilful enough to apply his or her own interpretation and reasoning. I think that to excel in this ability is a quality of the best judges. In this respect the judiciary exercises its own authority in not only interpreting but also defining the law, the latter being the prime role of the legislature. This also shows the close relationship between the Parliament and the courts. Both are identifiable institutions of law. Furthermore, in defining the law the power of precedent shows how the legal system consolidates itself in contrast to evolving when making new interpretations of law. This also brings us to the question of sources of English law. In contrast to religious laws derived from scriptures, the English Legal System derives its laws from statutes made by the processes of legislation in Parliament. In addition, secondary sources are derived from within the judiciary itself and includes case law besides other ‘informal’ legal rules. Again the parallel with religious laws is obvious because many religions too have secondary sources from which laws are derived. By considering the law-making institutions, we can say that the sources of law are the Parliament, the courts, and the EC. My study of law has also made me aware of the role of delegated legislation especially in the form of statutory instruments. Bibliography Bradney, A. et al. (2005) How to Study Law. 5th Edition. Sweet & Maxwell. Finch, E. (2007) Legal Skills. Oxford University Press. Harris, P. (2006) An Introduction to Law. 7th Edition. Cambridge University Press. Holland, J. et al. (2006) Learning Legal Rules. 6th Edition. Oxford University Press. Read More