Are Laws a Product of Reason or Necessity?
I wish they were. Alas no.
It starts with this, and usually proceeds to that. Instead of addressing the root causes of issues, we often focus on their symptoms. Let's take a prosaic example: the introduction of a 'summary judgment' procedure in courts to reduce the number of trials for cases that appear to be weak. It seems like a good idea doesn't it?
The problem now is that if you want a full day to hear a summary judgment motion, you will probably have to wait almost two years for an appointment. Meanwhile, if you want a two-to-three-day trial, you can probably have one of those within a few months. The sheer volume of summary judgment motions, only about half of which succeed, takes away resources from hearing trials, which always result in a decision.
The Role of Legal Response
Some yes, some no. Laws are a reaction to occurrences that are viewed as wrong or problematic. It is not always about reason; it is often about necessity.
The Scope of the Law
The answer lies in the scope of the law. Anyone can come up with dozens, if not hundreds, of contexts where the law does not apply. Laws are made to respond to actions taken that create a need for some form of prohibition, followed by the establishment of precedent. Laws are also dynamic since they are a 'living instrument' of humanity. They change when necessary to fit new social discourse. However, one must admit that legal change is, by nature, a slow process compared to other aspects of social change.
Reason, Necessity, and Debate
Are laws a product of reason? Perhaps. But necessity always plays a dominant role. Is the process of making legal changes good? That is debatable. The nature of legal change often involves a lengthy and often contentious process. It is not about immediate fixes but rather about ensuring that the changes are well-considered and just.
Ultimately, the relationship between reason and necessity in the making of laws reflects the complex interplay between judicial, legislative, and societal forces. While reason guides the formulation of laws, the underlying necessities of the time often dictate their implementation.
Conclusion
As we navigate the intricacies of legal frameworks, it is important to recognize that laws are a reflection of the society they govern. They are not always a product of perfect reasoning but rather a necessary response to complex and often unpredictable human behaviors. The ongoing debates and discussions surrounding the nature and scope of laws ensure that they remain relevant and adaptive to the changing needs of society.