It is important to have a set of laws and for every member of the society to follow them. The legal system in a country provides a framework for individuals to achieve their goals. However there has always been a sense of…
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Enforcement of laws includes imposing a series of penalties upon those that disobey the law. The penalties usually deprive the citizen of his wealth, his liberty or his life. The severity of the punishment depends on the crime committed. According to accepted norms of humanity and justice only people who commit acts of evil should be punished and so anyone who awards similar punishment to those who are innocent or with some other vested interest in mind finds himself in conflict with law. (Andersen, 1995)
The diversity and conflicts of interests among men makes it very difficult to pass a set of laws that will be accepted by everybody. There is also a possibility that a man can change his interests over a period of time. However the only need that remains constant is a man’s need for freedom. Even though individual goals may be different, the desire to have the freedom to achieve a goal can be seen in every human being. There are four elements to a person’s freedom-life, liberty, property and knowledge. ‘As long as a government restricts itself to the function of protecting the elements of freedom and as long as it apportions the taxes and other essential duties equitably, no one can justly complain about its duties’ (Andersen, 1995) history has taught mankind that the violation of another person’s rights should not go unpunished as it can deprive him of his freedom. The relationship between freedom and law is perceived in two different ways. ‘The free market liberal regards freedom as a natural fact- perhaps definitive of the human nature- that the law protects and, where possible, enables those positioned to take advantage of their freedom. In contrast, the social-welfare liberal treats freedom as itself one among many legal constructions that enable humanity to flourish, but just as long as freedom extends to everyone equally’. (Stone, 2007)
There can never be an
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(Do Laws Increase or Diminish Our Freedom Essay Example | Topics and Well Written Essays - 1500 Words)
“Do Laws Increase or Diminish Our Freedom Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/miscellaneous/1565879-do-laws-increase-or-diminish-our-freedom.
However, many scholars define freedom as the exercise of ones whishes and actions without restriction. In this definition, culture influences the manner in which people exercise their freedom by forming general rules and directions whether consciously or unconsciously through which external pressures exert control.
As a result the clamor and demands for “individuality” is causing researchers and social scientists to re-examine the layers of the human social experience and how it relates to society’s current structure. Personal Freedom a relatively “new” invention is a phrase that has the preconceived attributes of rights, liberty, “freedom,” and social mobility.
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For example, section 163 of the Criminal Code within the law has not providing the sustenance needed to be accepted whole-heartedly as it does not appear to be implementing the legal protection it is meant too. This is because the Supreme Court follows a "community standards test" which ultimately attempts to decipher what would be considered a breach in the obscenity law by analyzing what the community is willing to accept as appropriate and what is obviously an act of an obscene nature.
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However, whilst there are similarities, Kant and
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