Editorial

Photo: www.guardian.co.uk 

Law is an outstanding innovation of human rationale for it always inspires and guides men in their deliberate efforts of development.  It is inextricably related to human society reflecting its mobility and greatness at every stage of human progress.

Sovereignty and liberty are the invaluable gifts that law has given to civilized man. This instilled both admiration and fear in them. Law as a multidimensional concept emerged from natural law and natural justice; traversing criminal and civil systems it entered the realms of moral law. Natural law enables him to observe nature from a scientific point of view while the criminal and civil dimension makes him better equipped for constructing modern society. And moral law provides him a well cultured human society. It is a truism that the harmonious blend of these three dimensions of law is a prerequisite for the holistic development of the human community.

At the same time, certain restrictions are inevitable in order to achieve such a human community. First and foremost, man needs to be controlled by rules and regulations. But this is still a castle in the air. It is an indisputable fact that the fear of police and public opinion rather than self-control and truthfulness breeds morality.  But the existence and influence of law can facilitate such an environment of prosperity and development in human communities. Secondly, man must have the courage and the mind set to willingly accept the recognition of his own conscience rather than passive submission to mere rules and regulations. The moment he discerns these noble legal views man becomes a morally and legally refined personality.

Human beings are the highest products of social evolution. Men follow the laws that they themselves formulate. Law students are the budding interpreters and practitioners of law. Interpretation of law is not a mere technical task but a social duty and advocates are doing social service. This raises two fundamental questions:  who is the right person to interpret the law? Is it legal interpretation or legal practice that strengthens an advocate? The idea of mere legal interpreter or legal practitioner evokes nothing but a vacuum. It can be equated with the plight of a person who is insensitive to the lives around him. When the traditional values face challenges and are substituted with modern values, mechanical interpretation of law becomes a failure as social service.

For the perfection of such a society drastic changes should be made in the minds of those who practice and interpret law. They must be content with their self- recognition rather with external acceptance. They must be loyal to laws and also exercise self- control. Those people who obtain a degree in law must internalize the essence of law instead of just accumulating legal knowledge. Those people who cannot attain this mentality are harmful to society even if they are law makers, law interpreters or law practitioners. Undoubtedly, the lack of such a frame of mind is the curse of modern society. 

(Dr. P.G Balachandran Pillai is a Professor at Government Law College and also acts as the Editorial Advisory Board Chairman)