Oral Law in Jurisprudence
From a legal point of view, an oral law can be:
- a habit, or custom with legal relevance or when the formal law expressly refers to it (but in this latter case, it is properly an indirect source of legal rights and obligations);
- a spoken command or order that has to be respected as a law (in most modern western legal systems, some dispositions can be issued by word in given cases of emergency).
An oral law, intended as a body of rules, can be admitted in jurisprudence as long as it shows some efficacy, therefore it needs that the law is public, the human action is evaluated by a judge (ordinarily producing a sentence according to the general interpretation of the law) and then a punishment has eventually to be put into effect. Some oral laws provide all these elements (for instance, some codes of conduct in use among criminal associations like mafia do have a well known law, a judge, a condemnation), while others usually miss some of them.
Read more about this topic: Oral Law
Famous quotes containing the words oral and/or law:
“After I discovered the real life of mothers bore little resemblance to the plot outlined in most of the books and articles I’d read, I started relying on the expert advice of other mothers—especially those with sons a few years older than mine. This great body of knowledge is essentially an oral history, because anyone engaged in motherhood on a daily basis has no time to write an advice book about it.”
—Mary Kay Blakely (20th century)
“The law is only one of several imperfect and more or less external ways of defending what is better in life against what is worse. By itself, the law can never create anything better.... Establishing respect for the law does not automatically ensure a better life for that, after all, is a job for people and not for laws and institutions.”
—Václav Havel (b. 1936)