Monday, February 21, 2011

Are legal standards limited to the determination and interpretation of each individual? Why or why not?

No, legal standards are not, and should not be limited to interpretation and determination of each individual! If it were, our society and government would be in a state of utter chaos. Laws were not created by God to be subject to the irrational and selfish whims of human beings; instead, he meant them to be subject to his will, which is unchanging! Steadfast! No matter the time nor the culture! Leaving legal standards up to individual interpretation risks immense consequences for the result is a loss in the respect for the law by its citizens. If someone murdered a rival in cold blood yet thought it was okay or shouldn’t receive all of the intended sentence because the victim first mistreated him, that would be ridiculous! The law then would be so reduced that we would no longer consider it sacred but also fail to consider it binding as well. It would no longer hold any significant weight. If law, originally intended to be steadfast in its implementation was continually revised, pacified or even ignored because of this postmodern/relativist point of view, then there is no law. Simply chaos. We need laws that are worthy of our obedience, but we cannot discover a consistent moral code within ourselves or how we feel and such. If an absolute legal standard does not exist, then all things are permissible. Granted, some interpretation does lend itself to be used because of man's fallen nature and also to the world's situation; for although murder is wholly against the law and will be punished, its consequence is subject to some legal interpretation. For example, in relation to the hypothetical premeditated murder case above, it a drunk driver inadvertently killed a car full of people, the punishments of these murder cases, although severe and recognizing the obstruction of the law in both, would vary in their focus and "specific severity". The consequences of each case must fit the crime; however, some will be different than others yet in keeping with the absolute standards of the law.
In conclusion, there is no room for relative personal interpretation in relation to legal standards. It's not flexible or subject to whims. However, the only flexibility is in specific cases where the punishment differs in severity and such.

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