Why law matters so much?

 

By U Khin Maung (A retired diplomat)

Introduction

FIRST and foremost, please allow me to assert with all my sincerity and honesty that law is so delicate, so demanding, so difficult and so wide a subject that nobody could claim that he knows all the best about the laws. As such, there is a common and simple concept that “a good lawyer is the one who knows where to find the law, applicable and relevant to the case. Anyway, let’s study what law means? In essence, “law” is the regime that orders human activities and relations through the systematic application of the force of politically organized society or social pressure, backed by force, in such a society. It is the legal system.

 

Oxford Advanced Learner’s Dictionary defines the term “Law” as follows:

“Law is the whole system of rules that everyone in a country or society must obey.” According to a great philosopher, Aristotle, “Law is a form of order, good law means, therefore, good order.” Generally speaking, there are two main kinds of laws: local law or domestic law and international law. In brief, domestic law means the law of, or the law relating to one’s own country. It is also known as the law of the land. International law is “the legal principles governing the relationships between nations, more modernly, the law of international relations, embracing not only nations but also such participants as international organizations, multinational corporations, non-governmental organizations and even individuals (such as those who invoke their human rights or commit war crimes.)

 

Some significant legal terms and their meanings.

There are quite a number of significant legal terms and their meanings in our daily life. To mention just a few, they may be as mentioned below:

 

(A) Equality before the law.

(B) Ignorance of the law is no excuse.

(C) Law and order. (D) The Rule of Law etc.

 

Out of those few, I would like to emphasize the rule of law, and law and order. “Law and Order” are often equated with the rule of law, and in that equation, the punitive and deterrent functions of law tend to be emphasized. In Parliament (The Pyithu Hluttaw) when emergency powers are demanded by the “Government”. so that may uphold the rule of law, the justification invariably is that the legislative sanction for such powers is granted by proper procedure; rule of law is therefore observed both in the motives for the legislation and in the processes that are employed for the legislation.1

 

Concerning the rule of law, may I explain as follows:

“The rale of law” — This phrase means equality before the law, fair play, uniformity of laws for all private citizens and public officials alike. It also means that disputes and differences will be taken to the courts and peacefully settled. Law and order are often equated with the rule of law. Therefore, I would like to say that law is a necessity for the citizens, for the organizations, for the associations, for the states etc, so as to enjoy peace, harmony and development, such as economic development, technological development etc. The law here means both the law of the land or municipal law and the international law.

 

In connection with the significance of the rule of law, the first Prime Minister of our independent and sovereign union, U Nu said in the address to the Parliament (The Pyithu Hluttaw) “is to base all our activities firmly on the rule of law.”2 And the chairman of the State Administration Council, and the Prime Minister, Senior General Min Aung Hlaing also expresses the significance of the rule of law on every occasion, relevant, proper, and necessary.

 

May I assert emphatically that “law is founded on morality, and morality finds its foundation in the moral integrity of the individual? Destroy this and we destroy the law.” “Law is not, or must not be reduced to mere words in statute books and legal decisions, but is, or should be, an active, ceaseless social process that runs like a nervous system in the living society. Living laws are needed for a living society, and the bloodstream of law needs to be constantly renewed and nourished so that it may accommodate the change in its continuity, youth in its age.”3

 

In conclusion, may I now mention our Myanmar old saying? To express that old saying in English, even though not exactly, but in essence quite similar, it may read as follows: -

 

“Knowledge and wisdom safeguard our health and raise our life span.” “Luck and fortune safeguard our wealth and property”.4 So we must change our behaviour and follow the Health Ministry’s do’s and don’ts instructions, rules and regulations in connection with the Covid-19 pandemic. What do you say, sir?

 

References

1.      Law and custom in Burma and the Burmese Family (Dr Maung Maung), B.L. (Rangoon), J.S.D. (Yale), LL.D (Utrecht), of Lincoln’s Inn, Barrister-At-Law.

2.      A book of essential quotations.

3.      Black’s Law Dictionary.

4.      အသက်ကိုဉာဏ်စောင့်၊ ဥစ္စာကို ကံစောင့်