Individual Rights and the Social Order

| July 25, 2015

 

 

 

Individual Rights and the Social Order

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Individual Rights and Social Orders Review

To correctly distinguish between individual right and social orders one has to understand that the difference lies on legality and the norm. While individual rights is associated with the legality, social order is associated with norm – what the society believes in. A right can be said to be an ethical standard endorsing and characterizing an individual’s freedom of action in a social situation. Individual rights are all the things that one is entitled to and which if denied the individual is deprived of something very basic and can sue the violators in a court of law. An individual on the other hand is the lowest subdivision in the society which cannot be divided further in the society. It is the society’s basic unit, and for a long time individuals have been known to have some basic rights.

If an individual has been granted their rights then basically these individuals have been granted protection from intrusion from either the government or other individuals.Individual rights have been included in the country’s constitution to ensure that every person in the country has been given an equal opportunity to pursue their life’s desires without interference from either the government or another person. They should be able to do this of course without compromising other people’s own rights. They include a right to own property, a right to liberty, and a right to live (life) but in this case some individuals may be deprived of this right if they have committed some critical crimes as stipulated in the law. Individual rights however does not give anyone the right to agitate the social order.

Social order refers to human interrelations structure in the society. It normally lays out how people should behave in the society and the effect of such behaviors in their interactions and the effect to the society.

In an event where one violates one or more of the laid out ‘don’ts’in legal system, the individual rights ensure that theviolator is given everything that he may need to prove their innocence. This is specifically done to try to be fair and to ensure justice for both the accused and the one the offence has been done to. Despite the fact that the offenders are considered to be or can be viewed in the bad aspect, the law provides guidelines on how they should be treated because even though they have been accused, they still have their own rights as individuals. For every crime committed by an individual there a specific penalty if proven guilty. Social order on in this case ensures that those that have been involved in disrupting the social peace in the society are given a punishment for their crimes. The legal system, using the power of the rule of law, therefore ensures that there is peace and orderliness in the society.

 

Social Control

While some violators blame their social status in the society for their involvement in crime, I am very sure everyone including the criminals would love to be in a society where there is control and therefore the need for social control. In this case therefore, two forms of social control: formal and informal. Formal social control is ensured through exercising of a country’s law, rules and regulations and statutes over errand behavior.It is carried through the governments’ law enforcement agencies and organizations like the police and other forms of sanctions where law deviators will be fined or face imprisonment.The components and objectives of formal social control in democratic societies are resolved by means of legislative through chosen administrative body and along these lines, it appreciates willful compliance and support measure from the population. The amendment that secures formal social control is the fourth amendment. The fourth amendment shields natives from illicit search and seize. Despite the fact that the administrative body is formally given the command to improve social standards in the general public, they are not permitted to absurdly meddle with the life of subject for the sake of practicing formal social control. As not the case in in informal social control where families, relatives, companions and other informal organizations utilize their best measures to authorize social standards, formal social control utilizes the law as the main measure to ingrain social control. However while not controlled, the law enforcers may dive profound into individuals’ life and property, creating the condition of contention between the law enforcers and the general public (Champion et al., 2012).

The fourth amendment helps with securing citizens’ protection and properties, making them more secure and at freedom to complete their day by day exercises with no type of intimidation. In spite of the fact that the lawenforcers are given the part of ingrain social control in the general public, they are limited from meddling with the life of people without an approval from a judge. Inquiry and seize are just permitted in the most sensible circumstances. What’s more, officers are advised against unlawful detainment for long hours. This amendment secures the citizens’ rights and freedom and makes a decent relationship in the middle of citizens and the legislature since they feel regarded and ensured and the same time giving officers a chance manage offenders who exploit this freedom by being permitted to utilize sensible judgment.

 

Ways in which the Law Effectuates Social Change in American Society

Social change alludes to the procedure, in which practices and thoughts are changed, either passively and actively by means of conscious social activities and common strengths. Regularly, law is the standard channel by means of which social biases and ills are determined. In America, the law has made possible social changes through legal activism in different examples. The real social changes that the law has effected in America are employment of equal rights for people from all races. At first, blacks were considered as Negros and they didn’t have equal rights as white. The change began in 1857 on account of Dred Scott v. Sandford where the court decided that Negros were less equal to whites and the rights gave under the constitution were not material to blacks. This caused a civil war that came about to abolition of slavery and strengthening of the union. The struggle proceeded with judicial turning out to be more lenient with blacks as time goes and in the end, the nation got to the state where each individual has equal rights. This has come about to advancement of peace and harmony in America. At present, people live without observing others’ color or origin, or with no other type of segregation in the nation. In addition, the nation has systems to advance improvement in marginalized groups incorporating offering full grant in college training, putting aside a certain rate of college opening for black youngsters among others, with a point of getting value the nation. The effect of blacks’ rights cases in America will be felt everlastingly, and the progressions they brought should dependably be loved by blacks in America (Henderson, 2003).

The American courts have additionally been essentially been included in the normal day by day social issues. The court has been included in sorting out civil freedoms and rights, and how they interconnect with national security issues. On cases taking care of racial profiling, the constitutional limits on big-brother secret detainments and surveillance, and close exile hearings are now winding their direction by means of the courts. For moment, the American Civil Liberties Union Immigrant Right Project has been testing the around 600 closed deportation cases that began soon after 9/11 episode. Additionally, the Supreme Court has also made out the certifiable move issue in higher education and the progressing legitimacy of Regent of Univ. of California v. Bakke. These cases created significant results for American culture for a considerable length of time (Henderson, 2003).

 

The Overall Importance of both Substantive Law and Procedural Law

Procedural law contains the arrangement of standards which administer the court procedures in criminal claims and legislative and civil procedures. The court obliges holding fast to procedural law set norms, while in procedures. There rule guarantee consistency and reasonable practice in the due procedure. Then again substantive law referred to as statutory law which manages lawful relationship in the middle of individuals and between the state and individuals. In this manner, substantive law portrays the obligations and privileges of the people, where the procedural law puts down the standard with the help of how they are authorized. Substantive law remains for all classes of private and open law. This incorporates criminal law, genuine property, and law of contract. Procedural law is key since it handles the technical elements that incorporate methodology and practices, and recommends the stages for ordering criminal and civil law. In actuality, substantive laws are key in controlling, characterizing, and making the rights, liabilities and obligations of entities. The substantive due system includes the employment of states’ power to control particular exercises (Champion et al., 2012). Hence, the state has the capacity set standards and regulations that will allow or prohibit certain exercises or that will control the degree to which certain exercises can be led. Substantive law acquires request the general public and administrative government. The procedural due strategy then again includes an examination of the procedures required by the constitution when the state attempt to deny individuals property, liberty or life (Arnold, 1932). The state must follow the laid down procedure when managing people. This limits the police and other law implementation officer on how they ought to handle subjects even in times of wrongdoing. This can be outlined by fourth amendment that requests a warrant before search and seize of a subject’s properties.

Procedural law shields individual citizens from being abused by government officers who over practice their forces. Analyzing the constitutional the prerequisites while dealing with people’s property, life and freedom, essentially implies that the law enforcers obviously comprehend what is needed of them and in this manner, they are at risk for any action that is illegal. The procedural law occupation of constitution gives subjects the privilege to sue the law implementers in the event that they happen to be illegal while denying them of their properties, life or freedom. Along these lines, the procedural law ensures the individual privileges of the citizens. Then again, the constitution dependably guarantees the interest of overall population is considered. The assurance of individual freedom, life and property by procedural law does not bargain the peace and harmony of all in the general public, while ensuring interest of a person. This essentially implies that constitution application in security of individual freedom, property and life additionally consider that lawbreakers can exploit this protection to damage the general population and hence, the procedural law guarantees social orders by offering exemptions while ordering the individual rights. Despite the fact that individuals are at freedom of doing what they need, substantive law puts cutoff points to different exercises that individuals do in their day by day exercises. This encourages individual rights however at a confined level such that, the state through the constitutions characterizes how far an individual can go while instituting their individual right. In this manner, substantive law secures the social order such that, it control on the amount of one ought to practice his or her individual’s right without adversely affecting the life of others.

The procedural invaluable aspects incorporate right of accused and suspect, witness and victim’s protection, right of trial, and a good defense, appeal practice and methodology, right to report a wrongdoing. These perspectives guarantee the privilege legitimate procedures are completed where judge or jury are given facts, from both sides and admission from both sides to guarantee there is no treacheries practiced amid any type of lawful continuing. The accused is given every single constitutional right that can be given to a defendant to prove him or herself innocent. The case is additionally controlled by fair-minded jury or judge such that no biasness is worked out. The substantive law invaluable aspects incorporate individual criminal obligation, defense, and sort of crime. An individual is held subject for his or her own mistakes. Also, an individual is given a penalty base on the particular perpetrated crime and the defense system utilized to demonstrate the accused guiltlessness in the court for law. The utilization of substantive and procedural law guarantees adjust in the ill-disposed framework while ensuring social order and individual rights. Procedural law guarantees individual rights are regarded, and nobody meddles with people rights in unlawful way. Denounced people are given every protected right notwithstanding when found in unlawful acts in order to guarantee equity is served and no innocent people are sentenced wrongly. Then again, substantive law permits the state to practice its obligation with respect to any offense and to guarantee that offenders pay for the wrongdoings done; getting punishment relative to the wrongdoing conferred as a method for revising a wrongdoer to fit in the general public based on defined confinements (Arnold, 1932).

 

Criminal Law, Civil Law, and Administrative Law

Criminal law involves an attempt to punish a particular act which laws have been created to deny. Subsequently in criminal law, a prosecutor looks for punishment for the wrongdoing. The laws leading the criminal demonstration arraignment have been sanctioned by legislature of the state. The laws that are otherwise called statutes add to the parts of the reasons for activity the prosecutor of the state must demonstrate. Civil law then again manages a push to reward a casualty financially for misfortunes which could or ought to have beenprevented. Unlike the criminal law, in civil law, the private entity begins a case against an association or another partyinstead of a prosecutor. Civil law is noncriminal suit, where the individual discovered obligated is obliged to repay the other, in view of the terms of the agreement, in money related terms, while in criminal law punishments are given in light of the wrongdoing charges defined by the law which can either be detainment, probation or fine. Not at all like the criminal law that scouts statutes, has the civil law looked out for the risk of an individual either through oversight or carelessness. In criminal law, the crime victim is the whole society while in civil law the victims a person. Managerial law is characterized as the law administering the operation and association of government official branch and the official relations with the general population, the judicial system, and the council. This law is pervasive and affects every one of us in diverse ways (Champion et al., 2012).

At the point when the civil and criminal law converge in a prosecution forms, the criminal law tries to demonstrate that the offender perpetrated a wrongdoing against the general public and that is deserving of determined criminal charges, while the civil law tries to demonstrate that the offender’s carelessness or omissionresulted to destruction of an individual victim in somehow and pay is required. Where the civil and legislative laws meet, the civil law tries to demonstratethat the respondent carelessness came about to destruction of an individual whorequires equivalent compensation while the legislative law tries to show that the defendant action conflicted with the standard set for that specific law that defines their business and a punishment need to be forced.

The criminal law secures individual right by giving a defendant an opportunity to defend themselves, to be tried by unbiased jury, to have a lawyer and to appeal. It likewise secures the social order by guaranteeing that all offenders who act against the social standards are put into trial and rebuffed for their criminal acts to re-ingrain arrange in the general public. The common law ensures singular’s privilege by guaranteeing that every individual is subject to the sort of business they take part in. The legislative law secures social order by guaranteeing that laws overseeing every organization shield others from conceivable mischief that could radiate from any type of negligence, and therefore, ingraining social order and ensuring individual rights.

 

The Three Functions of Law

The three elements of the law incorporate execution, enactment, and mediation. The legal capacity is the focal point of every lawful framework. In this capacity, a legitimate framework mediates question, giving a choice on how the contention ought to be settled. The legislative capacity decides the standards which will direct the mediation process. Administrative aides the legal capacity on the best way to mediate. The legal and legislative procedures may be distinctive such that Supreme Court applies laws went by the congress, or the two procedures may agree such that a typical enactment body emerges through a progression of legal points of reference. The official capacity guarantees that the clashing gatherings submit to assertion and that they truly conform to the settlement that is at last come to by means of the legal procedure. The legitimate framework in its official capacity may rely on upon intentional social assent, coercive power or the incorporation of the two. This capacity furnishes the legitimate framework with the “teeth”, giving motivations for political conduct.

As a rule, the law guarantees that there is peace and appeal in the general public by creating rules and regulation that administers individuals’ conduct in the general public. These rules guide the administrative body while settling question. Also, it gives people opportunities to express their brain, to guard themselves in debate settling. Additionally it ensures their rights by confining the legitimate framework on when to meddle with citizens close to home life. The laws are ordinarily made and upgraded not without considering the people right and the way that a lot of flexibility on lawful implementers can meddle with individual rights.

 

Social Control as a Functional Law

The social control law function plays a crucial positive part in the development of present day American law. The law guarantees that there is limitation on how individuals act towards others and the general public when all is said in done. This confinement shields the general public from immoralities that may influence its monetary and social development. In addition, the social control order guarantees improvement and continuation of a general public by guaranteeing safe environment for supporting youngtalents. Social control limits individuals to their social standards and shields the individuals who hold fast to them from misery, any type of risk that could come about because of the individuals who are not sticking to those standards. The present day American law concentrates on furnishing people with sufficient security without undermining their individual rights. The point of present day American law is to help with the improvement of the general public where each resident feels safe to direct their lawful business and contribute to the American economy without obstruction from criminals. This can only be accomplished by ensuring that strict social control is imposed such that the general public is just left with centered people who exercise their business lawfully without forcing risks or pulverization to others.

 

References

Arnold, T. (1932). The role of substantive law and procedure in the legal process. Harvard Law Review, 45(4), 617- 647.

Champion, D. J., Hartley, R. D., & Rabe, G.A. (2012). Law: the legal battlefield, chapter 1. In criminal courts: structure, process, and issues (3rd Ed.). Upper Saddle River, NJ: Pearson Education, Inc.

Henderson, T. (2003). Social change, judicial activism, and public interest lawyer. Journal of Law and Policy, 12(33

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