“Laying Down The Law” By Mubarik Ali

A very insightful analysis of evolution of Laws and why dis-respect of the law and order in Pakistan.( F. Sheikh)

In early history, communities developed their own customs and practices to maintain law and order. Each individual in the community would observe these rules and if anybody violated them, he would be punished by expulsion from the community. Since nobody wanted to lose the help and support of the community by showing any deviation, they preferred to follow the prescribed communal way of life.

With the emergence of state, a legal system was gradually established to maintain order and discipline. As socio-economic class difference increased in the society, the ruling classes were mostly exempted from punishment for committing crimes, while common people were punished severely even for minor offences. Rulers were not only regarded above the law but the ruler’s command was considered the law for the common people.

Around 1700BC, Hammurabi, the ruler of Babylonia established a legal system known as the Code of Hammurabi, covering several social, political and economic aspects of life. His laws were based on the principle of “an eye for an eye, a tooth for a tooth”. Since it was supposedly bestowed on him by Mardouk, an ancient god, the law was considered divine and unchangeable and Hammurabi was not held above the law. He carved his laws on stone tablets placed in the market where people could read them and become aware of them.

Another legal system emerged in the Greek city state of Athens in 624BC. Draco introduced a code of laws proposing severe punishment even for minor crime. Despite the severity, crime continued in the society and the term ‘Draconian’ was coined. It is used to describe harsh measures imposed by an autocratic government to crush any resistance against their rule.

The next lawmaker to emerge was Solon (d 594BC). Introducing legal reforms, he established the right of trial by a jury and the right of the accused to hire an advocate. Moreover, the judgment of court could now be challenged, These laws were inscribed on stone tablets and panels of wood and placed in the marketplace so that people could learn about their rights.

The legal system of the Roman Empire was comprehensive and covered nearly all social, political and commercial conflicts prevalent at the time; based on which the judgment was pronounced while the accused had full rights to defend himself. It created a class of lawyers who studied the legal system and appeared at the court to plead cases. Cicero, one of the famous lawyers used his outstanding rhetorical style to present legal arguments in court. Private property was fully protected by these laws, but being a patriarchal society, women were considered subordinate to men and denied full rights. Click link for full article;

http://www.dawn.com/news/1047771/past-present-laying-down-the-law

One thought on ““Laying Down The Law” By Mubarik Ali

  1. To Constitute the legal framework for any society and the execution/prosecution are two different obligations of the society.after great narration of the evolution of the existing legal system in subcontinent,which itself skipped major contributions of the Muslim legal system but ignoring that aspect of the article by learned Mubarak Ali.Lets talk about the discrimination,as a common citizen of that country,I see only the lake of execution/prosecution in the legal system.There are laws covering almost all aspects of society yet we don’t implement them in its true terms…….we only prosecute the poor violators of law and the rich can get away with it.so it is not law itself but we are miserably failed in prosecution department,Indians have the same Indian Act of 1935 but they successfully evolved the prosecution system to put the powerful people behind bars.Yes,there is always need to improve the laws with the changing socio economic situation of any society and you make or repeal the laws to meet the current demands of the society.Our issue is the fair execution of the current laws to built a trust among the common man that law is in action,that is only way you can seek respect for the legal institutions.What we observe in this country,we respect the law because,we know if we got busted no one will come to our rescue. If I know that I can bribe a police officer $20 and skip the traffic ticket,I would never follow the traffic laws.

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