Editor in Chief: Moh. Reza Huwaida Sunday, April 28th, 2024

Law – A Social Necessity

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Law – A Social Necessity

Is law a necessary evil? Yes! Many of us do not like the complete bureaucracy that the legal system is, and equal among us despise lawyers. Nevertheless, all of these roles within the legal system have a purpose, and the legal system as a whole is necessary. For as long as there has been civilization, there has been law in one form or another. The reason it still exists is that we absolutely need it for the development and progress of our society. If law were not necessary, it would have simply ceased to be applied and practiced. In the present day law plays unlimited importance in how our society is structured, stratified and regulated. In the present day, without law Afghanistan as well as the rest of the world would decline into complete anarchy and disarray almost immediately.

One such reason that we need law to maintain order is that humans are inherently a vicious and hostile being and that law and fear of punishment is required to keep these primal desires in check. Another such factor for the necessity of law is that left to them in a natural environment, humans need not be governed by law. However when humans participate in a society, law is required to ensure a stable and safe society for all member. This stable and safe social environment is paramount to the nurture and upbringing of humans and without it, chaos would ensue. Thirdly, while law was not required in pre historic times, at the dawn of civilization the need for law was obvious. Law became needed due to such reasons as property and ownership, and indeed some believe this to be the very basis of all law.

As well on a more general note, the very rule of law itself prevents tyranny. Without the rule of law, the strong and powerful would dominate the lesser of us and tyranny would ensue. All of the above points are equally valid to why we need law, and each point will soon demonstrate what happens when there is no rule of law. However, some may argue, primarily anarchists that law is not required for a society to function. These individuals claim that despite justice being blind it is not impartial and therefore should be abolished. While I do agree that the rule of law is not perfect, if law were to be abolished the descent of man would soon follow. It is help in wide belief by many that humans are inherently vicious and hostile beings. That being so law is required to maintain order in society. Another such reason for the requirement of law is that when humans lived primarily solitary lives in nature law was not required. This is due to the fact that the actions of one could not affect an entire group of the species.

 However as humans developed and organized into civilization law was required due to humans living in much closer social proximity. Owing to this, the ill actions of one could affect many individuals and thus law was developed as a means of deterring this behavior and bringing justice about when it did happen. Law was also developed as a means of preventing crime and deviance from corrupting and destroying our society and creating an inappropriate social environment. This uncorrupt social environment is paramount and without it, chaos and anarchy would ensue.

Legal system in place that ensures an appropriate social environment is in place to ensure positive human development. Before civilization and in prehistoric times law was not required, but at the dawn of civilization, the need for law became blatantly obvious. Law was primarily developed as a means of settling disputes over land and property, and many actually believe this is the very basis of all law. Without law, society and civilization would not have progressed very far, simple disputes over property and ownership would have resulted in feuds and pure chaos. These feuds would span years and in the end both sides would come out feeling like they both lost. A legal system prevents just that, it ensures justice and fairness and strives to provide a speedy resolution to disputes.

Law and even more specifically speaking the very rule of law prevent tyranny. “Wherever Law ends, Tyranny begins.” This particular quote holds very true, even today. Without law, a tyrant would cease control and would wield absolute power. This tyrant would be able to do whatever he pleased, without fear of repercussion. It is quite evident that we need law in Afghanistan. Without law, justice in Afghanistan would not exist, and our society would cease to develop; anarchy and chaos would quickly ensue. This is because the very essence of law is about working things out and coming to a sensible verdict that ensures both parties were treated fairly.

The very nature of human beings gives rise to the need for law, and without it, our existence would be miserable. We need look no further than Somalia for an example of this. Another reason for need of law in our society is society itself. Without law, our society would become corrupt and degenerate. The very rule of law itself also prevents tyranny. Rule of law ensure that no one is above the law and that no one may wield absolute authority in the face of the law. However, even in societies governed by the rule of law a tyrant can emerge. It helps prevents tyrants from emerging and in the event that they do, it quickly removes them from absolute power. We can now see that we absolutely need law in Afghanistan and the rest of the world. Without law we would be doomed, society would crumble and civilizations would be torn apart. Soon after the fall of law, the descent of man would follow. It I very unfortunate to say that in  our community law makers are the law breakers they themselves do not follow the laws made by them, the rules and regulations are only implemented on the lower and poor stratum of the society.

Zainab Ahmadi is a permanent writer of the Daily Outlook Afghanistan. She can be reached at zainab_ktz09@yahoo.com

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