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Disadvantages of law

The law is without doubt a remedy for greater evils, yet it brings with it the evils of its own”. The evils are
discussed as under:


(1) Rigidity
(2) Conservatism
(3) Formalism
(4) Needless complexities


Rigidity: 

The first disadvantage of law is its rigidity. Because of its rigidity it applies without any allowance for
special circumstances and without turning to the right hand or to the left. In other words rigidity is the failure
of law to conform itself to the requirements of special circumstances.


Conservatism: 

Conservatism is laws failure to conform itself to those changes in circumstances and in men’s
views of truth and justice. Progressive societies are in advance of law. The existing body of rules may be found
in-applicable to such changed circumstances.


Formalism: 

Another vice of the law is the formalism. By this is meant the tendency to attribute more
importance to technical requirements than to substantive rights and wrongs. In modern time registration and
attestation are examples of formalities.


Needless complexities: 

The fourth defect of law is undue and needless complexity. The law becomes more
and more complex due to the excessive development of legal system and it becomes too difficult to understand
the law.


Formula of solving scenario based question:


The scenario based questions are solved by applying the following formula:

FOI+QRL+ALFI+D

  • FOI = Framing of Issue
  • QRL = Quoting relevant law
  • ALFI= Application of the law on the framed issue
  • D = Decision


The most technical thing involved in the formula is as to how issues are framed; the following material will
make you understand this process:
  

Framing of issues:

(1) Issue arises when a material proposition of fact or law is affirmed by the one party and denied by the
others.
  

(2) Material propositions are those propositions of law or facts which a claimant must allege in order to
show a right to sue or a defendant must allege in order to constitute his defense.

  • Allege (assert; claim; contend)
  • Law (rule as laid down by Parliament or by a precedent)
  • Facts (whatever is perceived by our five senses are facts)


(3) Issues are of the following two kinds:


(a) Issue of law
(b) Issue of fact


Issue of law: 

An issue of which answer is already prescribed in some rule of law.
Issue of fact: 

Before dealing with ‘issue of fact’, it is important to first understand the term ‘fact’--- ‘fact’ includes the following:


(a) Anything, state of things or relation of things capable of being perceived by senses; and
(b) Any mental condition of which any person is conscious.


Issue of fact means an issue other than the issue of law.


Hint: While attempting the scenario based question students are required to carefully read the proposition and
thereafter ascertain what material proposition of fact or law the parties are at variance and shall thereupon
proceed to frame and record the issues on which the right answer of the question appears to be dependent.


Proposition (Situation; scheme)
Ascertain (Determine)
Variance (Difference; conflict)
Proceed (Go ahead; advance; progress)
  

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