TEMA NR. 1
Comment on the following statement: The law is the last result
of human wisdom acting upon human experience for the benefit of the
public. (Samuel Johnson)
Dr. Samuel Johnson, the legendary English lexicographer and man
of letters was a giant in literary history. A voluminous writer
himself, Johnson is known to the world primarily through the book
of another man, Scottish writer James Boswell. For two centuries,
The Life of Samuel Johnson has been so popular that the words we
most associate with Johnson come from the biography and not his own
works. No man has ever had a deeper love of language than him.
While Johnson is remembered for being a great wit and wordsmith, he
was also a big, physically awkward man who could be slovenly in
appearance and uncouth in language.Dynamic intelligence,
speculative minds, misery of pain and shared anguish prompted the
search of humans for law and justice. Law has been defined in
different ways by various religious leaders and prolific
philosophers.Law is an interpretive social practice that contains
implicit moral principles and values. Law is related to justice,
reason, human nature and ethics. The objective of law is stability,
peace and tranquility of sentient beings.Protection of wrong
encourages breaking of law. One who breaks the law cannot get
protection.Laws can be made and unmade. Law must be just and fair.
It is known as substantive due process doctrine.Law, as Samuel
Johnson said, is the ultimate result of human wisdom, acting upon
human experience, for the benefit of the public. What we need is
justice, and not addition to a plethora of extant laws. We also
need honesty of purpose on the part of those administering the law.
In our country we have too many laws but very little justice. And
about justice delivered by the administrators, less said the
better.Samuel Johnsons instructive words remind todays lawyers that
experience must guide the transformation of the practice of law in
the twenty-first century. Lawyers must draw upon historic roots as
the guardians of the rule of law and face the challenges of a
changing world by finding new ways to practice law in the next
century as a global online society emerges.Today, governments and
regulatory authorities are constantly trying to catch up with
changing technologies and changing society, crafting hundreds of
new laws and regulations each year in a process that is frequently
hasty and often freighted with political considerations.These days,
when it comes to laws and lawmaking, most people take a more
cynical view, and many see laws and regulations as more flawed.The
results of this imperfect process can be cumbrous, unworkable and
sometimes unfair. Fortunately, there are instances where law and
regulation emerge from a more thoughtful process, producing results
closer to the ideal described by Johnson. Increasingly, state
governments and many international regulators, have found that the
process of making laws and regulations can be informed, supported
and enabled through engagement with open, rational consensus-based
standards development processes.
Student, Vlaicu Petronela Mihaela Anul II, Drept, FR2
