Various aspects of Law, ranging from the substantive to the procedural ones, have been explored in this article. Some of the issues discussed in this article include the accessibility of Law to ordinary people.
Formal aspects
Various theories and approaches have been used to analyze the formal aspects of law. The main focus is on the development of law as a norm, its logical elaboration, its functional influence on society, and the interaction between fairness and proportionality. Various judicial decisionmaking styles have been developed, each with its own emphasis on these aspects.
Formalism, analytic positivism, instrumentalist, and Holmesian are the four major judicial decisionmaking styles. Holmesian judges emphasize the functional significance of existing legal categories and their purposes. In addition, instrumentalist judges add emphasis on background social policies embedded in the law.
The rule-of-law concept has been articulated in the ancient world. It encompasses a wide range of public activities, including the right of individuals and collective interests. According to Melosi, this concept consists of a long historical custom.
Procedural aspects
Those who have been studying law for any length of time will have heard of procedural aspects of law. The main purpose of law is to maintain order. However, law is also a dynamic thing. As society changes, laws are adjusted to suit the changing needs of the people. Various laws have been devised to ensure that dumping of wastes in public places is avoided. Laws are also used to curb Advance Fee Fraud and Money Laundering.
However, law reform requires a deeper look. Often, disadvantaged or marginalised interests are overlooked. Aside from the usual suspects, those with less to lose are also susceptible to one-size-fits-all laws. In other words, the substance of a law is merely the ‘what’, while the ‘how’ is more technical.
Substantive aspects
Despite the fact that most legal systems are similar, there are still differences. For example, despite the fact that the UK and the US share a common legal tradition, the procedural nuances may differ. The same goes for countries with different legal traditions.
The best way to determine whether a given legal system is the best possible is to determine the size and scope of the legal system, as well as its underlying rules and principles. For example, the legal theory underlying a particular legal rule must be considered. The rules governing enforcement of a particular Community law must also be examined.
Accessibility to ordinary people
Providing accessibility to ordinary people in the law is not just a legal obligation. It is also a human right, and should be respected. It is also important to remember that accessibility should not present any challenges to users. The design of a product or service should be able to be perceived by all people. It should also address security and privacy issues. It should also improve customer retention and revenue.
The law in the UK has introduced a code of practice called Making the Connections. This code of practice was first published in 2002, and was revised in 2008 after a public consultation period. The code of practice was based on research conducted by the Social Exclusion Unit.