Is it true that there is no logic or purpose to law? Law is what society feels.?

Answer 1

This question is far more difficult than it purports to be.

Law is a bit like math, it uses very definite principles to connect ideas, to cull information, and to yield results. In this way, it obeys a very specific logic (except in cases of tyranny, which are by definition in violation of logic). However, law is built, like math, on axioms, or unquestioned assumptions. We assert, unquestionably, that there are inalienable rights, or some other set of axioms.

From here, we build our case, retroactively, that the best law is built off these premises. For instance, the premise used to be that the King was the unquestioned extoller of law, as selected by God. We changed that premise because it was argued that a better society could be built off the premise that all people are equal, etc.,etc.

As others have brought up, from time to time we legislate without regard to those principles. Prohibition is a textbook example. Time, however, corrects these legislative deviations. The logic of law is designed so that, over time, the contradictions will become so evident that an illogical law will be struck down to favor greater consistency.

Law, though, unlike legislation, is not what a society feels. Law is based on these more primitive axioms and will reveal itself as such through further interpretation of legislation.

Maybe this isn't right, though. It's just my personal, theoretically-convoluted opinion.

Answer 2

I do not remember which Cable news show I heard this on, nor can I say this is an exact quote...here goes.

"I practice law. I do not use tricks I use the law. The law is neither right nor wrong. It is simply the law"

It was a round table discussion. The point was that a lawyer that knows the law better than his opponent should win...at least before a Judge. Add the jury and the odds can change from a little to a lot.

My answer is:
Logic? Most of the time.
Purpose? Always. (does not have to be a good purpose)
Driven by Public Emotion? Yes, however those seem to get overturned by judges as Un Constitutional.

Answer 3

it is not true, there is a purpose to law. Mainly to define accepted norms for our society. As for logic, many laws have been created in logical ways, for example, while it is illegal to break into a home, to commit a theft, it is not illegal for a firefighter to break down a door for life safety reasons.

Answer 4

There is purpose to law. it is to protect society from itself. As far as logic some laws are based on logic and other laws are based on feeling. Anti Gay marriage laws are based on feeling. Murder laws are based on logic

Answer 5

No
yes
yes

Answer 6

There is nothing but purpose to law.

Laws are created to keep people in line and in their place. To keep people's feelings, belongings, and physical being safe.

Answer 7

No logic!? So saying I cant slap the hell out of you seems illogical to you? Or saying I can't burn down your house cuz I think its fun seems illogical to you?