In a society, law is a social institution that serves to control the people’s behavior. It serves the purpose of the society and is therefore coercive by nature. According to Roscoe Pound, who studied the definition of law, it is a tool of social engineering and history. It also has an important role in shaping the values and standards of society.
Rule of Law
Rule of law is an institution and practice that guarantees equality before the law and prevents arbitrary use of power. This principle is important in preserving human rights and freedoms, and in preventing governments from abusing their power. Several forms of despotism violate this principle, including totalitarianism, absolutism, and authoritarianism.
In some cultures, the Rule of Law is not as widely accepted as it is today. This is despite countless attempts by philosophers and jurists to articulate the concept. Various forms of government, from the early modern period to the American Constitutional system, have taken different approaches to the concept.
Conceptual jurisprudence
Conceptual jurisprudence in the field of law focuses on the essential features of law. It aims to provide an account of what is meant by law in any legal system. We will discuss these in section 2.1. But before we get into these debates, let us take a look at some of their basic elements.
The term jurisprudence has multiple meanings, but most commonly refers to an intellectual discipline that deals with general principles of law. It also has a focus on the distinction between public and private laws. Some jurisprudence scholars define jurisprudence as the study of law in light of knowledge from other disciplines.
Human rights component
In the Human Rights component of law, a person’s rights are the basis for a legal system. These rights, which are inalienable and universal, apply to all persons without distinction. They are interrelated; the improvement of one right facilitates the advancement of another, and the deprivation of one right negatively affects others. Consequently, it is imperative for governments to take immediate action to realize these rights. To do so, they must eliminate discrimination and improve the legal system.
Human rights law is based on the Universal Declaration of Human Rights, which was adopted by the United Nations General Assembly in 1948. Over time, the United Nations has developed and expanded this legal framework to include specific standards for women, children, persons with disabilities, and other vulnerable groups. The aim is to protect vulnerable groups from oppression, exploitation, and other abuses.
Accessibility
Accessibility law has become a key part of ensuring that online services are accessible for all users. The law requires public sector organisations and private businesses to ensure their websites and mobile apps are accessible. Non-compliant websites or mobile apps can result in lawsuits and damaged brand reputations. The Equality and Human Rights Commission (EHRC) enforces accessibility laws and may take legal action against organizations that fail to meet the standards.
The AODA is one of the most progressive civil rights laws in the world. It was enacted in 2005 and amended in 2016. Its goal is to create a barrier-free society by 2025. In particular, it requires that public sector organizations, large private sector organizations, and non-profit organizations employing more than 50 employees make their websites accessible.
Intelligibility
Intelligibility in law is the ability to comprehend the underlying facts and rules of a legal system. It is often associated with the idea of legal certainty. There are three basic approaches to determining the intelligibility of a legal system. The first approach is based on the concept of truth. The second approach is based on a set of criteria.
Intelligibility in law is defined as being capable of understanding something, even if the subject is not a human being. To deny that something is intelligible is to render that statement into a judgment. This implies that the person making the judgment intends to judge it as true. This, in turn, means that the act of judgment must affirm a norm of being or an objective norm.