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Continuum of Legal Formality - Research Paper Example

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This research paper considers the differences between the formal and informal procedure of resolving legal issues are very significant. With both procedures having their strengths and weaknesses it is difficult to choose the suitable legal front to choose…
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Continuum of Legal Formality
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Download file to see previous pages The administrative law is aimed at capturing thefts within the community. On a global scale, administrative law is a very low positioned legal system. This system is responsible for the correction of people and upholding of social norms. The administrative law governance, however, keeps changing depending on the type of case. In many occasions, administrative law uses informal ways to settle disputes or any other r case based on its importance. However, as much there are informal ways of dealing with cases of administrative law, the formal procedures need to follow. There must be protocol. It will also look at the merits and demerits of using both the formal and informal approach. Over the years the debate over informality or formality in the legal system has dominated many forums. Some administrators feel that the law shield their operating power and hence advocate for more informal procedures to be embraced. Contrary to this, some feel without the participation of the law, administrators may use this avenue to fulfill their personal interest. In an argument by Harrington & Carter (2009) informal procedures can be used by selfish individuals to hurt other people without any concrete reasons. With increasing trends in society, the already outlined laws may fail to access some parts of the community. In regards to these developments, an informal administrative law may be used to solve the issue. With the already outlined formal lawmaking, sometimes it becomes difficult to solve upcoming issues using the formal way (Harrington & Carter, 2009). On this perspective, the informal law application should be advocated for. While dealing with formality the case advancement is usually dictated by the existing law. This hinders the administrators to utilize all options. For example, some issues may not need prosecution to any parties involved. According to formal procedure, any wrong done is punishable law. However, some administrators feel obligated to use informal methods of keeping the case out of the formal procedures. In some instances, they choose dialogue where both parties can settle issues outside the corridors of justice. In this way, the legal system is shielded from petty cases while the feeling of mutual respect is instilled in the parties (Harrington & Carter, 2009). Apart from ease, informal procedures doe does not escalate the conflict between two warring parties. It gives both parties chance to save their image and any form of relationship. In using the formal procedures, it is difficult for parties to get both justice and positive attitude towards one another. As much as formal legal procedures are not advocated by a majority of people, they remain the most efficient legal procedures. From the operating stage to the implementing stage, formal procedures have the well-defined code of operation. With this structure, many people still advocate for it since there is the assurance of transparency. With transparency, all individuals feel justice has been done regardless of the outcome. In words by Harrington & Carter (2009), formal procedures usually leave a mark of justice to all parties involved in a legal battle. ...Download file to see next pagesRead More
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