Tuesday, January 17, 2012

Law Thinkers and Law Makers - Different Roles

Democratic societies have parliaments or legislatures for making laws. The laws makers or legislators are elected persons. There are aptly called representatives of people and their job is to represent the desires of people. The desire for a law emanates from people and the legislatures pool the thoughts of a large number of people through the discussions of various members in the legislatures and craft the final piece of legislation.

Most of the times, the legislators are not the original thinkers of the laws. The original thinker may be somebody and the thought spreads among people for quiet sometime before it becomes visible as the desire of significant number of people and reaches the legislator as an issue to be evaluated for further action. Legislators can't tell not to think about the law and requirement of a new laws or repeal of old laws. Law is not the exclusive prerogative of legislators.

This issue came to the surface recently in India, in the case of anti-corruption law. There is movement demanding enactment of anti-corruption law in the form a "Lokpal" institution and the people spearheading the movement created a draft law. The legislators felt offended and said law making is their prerogative. Yes, law making is their prerogative. But not thinking about the need for new laws and for the repeal of old laws. Law thinkers come from people and they present their case though various channels. It is no doubt the law makers through the power delegated to them through the voting process enact the final laws.

The issue now comes up to the fore in USA in the context of SOPA and PIPA bills. The people who are advocating for the passing of these bills seem to be content creators and publishers of the content. Most importantly it is the publishers of the content who are making a plea for such acts. But as we see in the various social networks, bulk of the people are against laws. Are law thinkers against such laws in USA as well as all over the globe. Internet made millions of people content creators and brought in new publishing platforms. The existing business models of publishing are losing their relevance and laws to continue these outdated publishing models are not desired by people.

Related material

Guide to Natural law and Natural Rights

1 comment:

  1. You gave such a nice post on law thinkers and law makers. I find this post very informative and helpful to me, many thanks for sharing this experience with us.
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