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GRE Essay:- "Laws should not be rigid or fixed. Instead, they should be flexible [6]
Present your perspective on the issue below, using relevant reasons and/or examples to support your views. Please give your valuable feedback on my essay. I would be really thankful to you for your comments and suggestion.
Topic: - "Laws should not be rigid or fixed. Instead, they should be flexible enough to take account of various circumstances, times, and places."
Response: -
According to the law of ecology- intraspecies competition is always fiercer than interspecies competition. And, as we human being are fighting for the same resources to use; so definitely, there will be contradiction and clash for using these resources. These fighting and clash should not go to the extent where we should kill each other or harm each-other, there should be some guiding principle by which we should compete against, not only each other, but, also against the other species of this planet. Here comes the word 'law'. Law can be defined as, "specific set of rules made by people for the proper functioning of the society, community, state, country, and as a whole whatever is in interaction of the human being." The question raised by the issue topic that law should be not rigid but flexible enough to take account of various circumstances, times, and places seems reasonable on long time scale but not for a short time scale.
What is the purpose of making any law? I think, its purpose is not to punish anybody but to deter others from doing same kind of mistakes again. Keeping the basic purpose of the law in mind the basic assumption made by abovementioned phrases seems to be true that law should be flexible enough to take into account various circumstances, times, and places. But, if we will consider few examples as per say issue of capital punishment in various circumstances, we have to reconsider the assumption made by the abovementioned phrase. Like, there was one case in Kolkata few years back in which watchman of a building has raped and killed a 10year girl. Later he was given death sentence for this crime. In another case a men has killed another person while saving his life. But, he was acquitted. In the light of above mentioned example two questions can be asked-
1. Why there is different punishment for the same type of crime?
2. Is it always possible to prove that man has killed another person while saving his life or just for some other reason and now he is trying to defend himself?
The answer to the second question is clear- No! So, law tries to be flexible and consider all the circumstances under which a crime has been committed but it's not always easy to take these circumstances into account. This is the reason why law can't be flexible on case-to-case basis because by doing so we will be taking more number of wrong decisions than right decisions.
But, now we need to consider flexibility of any law on long time scale. As I have mentioned in the first paragraph that law is nothing but specific set of rules made by human being for the proper functioning of the society. And, as we know that people requirement and need of the society use to change with time, law has to also change with time. We can take a very simple example of hunting the wild animals. In earlier days humans were dependent on these animals for their food. But, as now, our major requirements of food are meet by other sources there is absolutely no need to hunt these animals. So, in this situation definitely rules need to be changed, and as we can see in most of the countries, hunting has been banned. Another example of this kind of change, which is in progress at present, is change in the rule of same sex marriage, which is still not allowed in many countries. Law should also take into account places in which it should be implemented. I would like to present a very simple example to support this point. Sell of liquor is banned in many countries but we have to reconsider our this law in places where temperature use to go very low and you need to take liquor to keep yourself warm and alive.
In conclusion, we can say that law should try to consider various circumstances, times, and places while taking any decision but on the same time it should not vary from person to person. Same law should apply to all for the same type of mistake. It should not be person dependent. On other hand, if any law is becoming outdated with time and place than it should be changed with the consensus of the majority.