The features of a good law PDF Print E-mail
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Thursday, 26 August 2010 07:19

The features of a good law
S. B. Mohammadi

Have you ever seen a city without any laws and rules? I heard there's a city in Germany without any traffic lights and signs, but I'm absolutely sure there's a good law in this city. In addition, I promise its citizens are law-abiding. A good law is an essential part of our civil and social life. But what are the features of a good law? Law makers emphasize that three elements are necessary for a good law. A good law should be comprehensive, exact and expressive.
The first feature of a good law is to be perfect and comprehensive. In our life events take place in different details. So a good law should cover all of these events. For this purpose, legislators employ absolute and general sentences that include many details because it's impossible to declare all details in a law.
Another feature of a suitable law is exactness. In western countries two legal systems are common, codified law and common law. In the first system the laws should be written in exact sentences to prevent opposite interpretation. But in the second one which values legal expert's doctrine, exact sentences aren't necessary. Sometimes interpretations could be so far from the legislator's meaning that are inconsistent with legislator's intention. So, exact sentences without any ambiguity are required.
At first glance, the comprehensiveness may seem contrary to exactness, but the third element obviates this contrast. An effective law should be expressive to combine comprehensiveness with exactness. The concepts of legal texts should be clear among the sentences to be complete and exact.
Although a bad and imperfect law is better than lawlessness, a good law, perfect exact and expressive one, is the best.        



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