Katarzyna Barbara Parys

Exam question: 993 words

What is the end (= purpose, nature) of law? How does this relate to the concept of the
person?

The main function of law is to order human behavior in a way that everyone knows how
to act and what behavior is expected form other members of a given society. This basic
point of view is based on the idea that the law is a fruit of a necessity of order within the
group of social animals who decided to organize their coexistence. The civilization and
the basic form of the state emerges form the need of organize common life not only on
the bases of force. On the other hand, from the modern theory of law, we learn that
people are organizing themselves in states in order to, for the price of a certain
limitation of their freedom, obtain a guarantee of the same limitation from the rest of the
members of the society. Thus, the state and its legislation makes life in a society
possible; the state is a guarantee of internal and external security. The state, as violence
holder has a role of making its citizens obey the law (if not, there is a punishment) and
follow international agreements.

From Universal Declaration of Human Rights, everyone is recognized as a person

before the law (art. 6). It means that law is something that equalizes everyone on the
ontological level and that in face of law everyone is in the same situation. All are equal
and all can enjoy equal protection of the law (art. 7) continue the idea of the previous
article. All the articles that are describing a position of a person vs the law are stressing
that everyone is to be treated equally.

“In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition
and respect for the rights and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic society.” (art. 29). From
this article we can infer that following the law is the basis of a life in the s given society.
Law, in this context, is both an official legislation of the given state, and moral and
social rules of a given community. The law system is a vocalization of social contract
that secures my freedom, but also the freedom of others. Morality, public order and
welfare of democratic society are not necessarily expressed by written law but are to be
respected in order to maintain social contract.
In Hamlet we can find less idealistic interpretation of law and the attitude of a person
towards law. In act II, scene I, Polonius is giving instructions about how to spy on his
son, and how Laertes should act. He is supposed to be proud, but not too proud. He can
drink alcohol, but he is supposed to drink in a way that he can obtain useful information
from his drunker companion (and still remember it). It is important to act in a way that
looks good from the outside. He stresses the importance of reputation that can be more
important than the person itself and his motivations. The key to success in life is not to
be virtuous, but to act as if, to keep good reputation while being successful in social,
political life. The law exists, but as an ideal, that does not have to be necessary reached.
The human condition is seen from more realistic way. Laertes is not supposed to steal,
but if he needs to commit such a transgression, it is advisable to not be seen by
anybody. If you can break the law in a skillful way, without anybody suspect your guilt,
or with nobody judging you and ruining your reputation, it is more important that the
law itself.

Human being is more interested by his reputation than to be a moral agent and follow
the rules of his community and not breaking the law. Law system has to exist, there is
no doubt on that. Moreover, it exists more as a spine for our behavior than the one and
only way to act. We are just human beings, we are not perfect and the world is cruel. If
in a given situation we have to break the rules in order to survive or not get hurt, we can
break them.

Polonius has quite realistic view about human nature and law. He knows the unwritten
rule that follow the law is not always the most efficient way to success. This happens
because even if human beings are reunited in a society that is hold together by the law,
it is in human nature to dominate others. The state and legal system is supposed to give
the security and prevent from breaking the law, but it is just an ideal situation. It is more
important to protect ourselves, to survive and to succeed than to follow the law. On the
other hand, to have a reputation of a person of law is making us trustworthy. As a
trustworthy citizen, we can become a subject of private contract and public contract of
law community. The situation that benefits us the most is the one in which everyone
follows the rules, we act as if we follow them too, but in need, we can always skip them.
What is important is to skip them incognito and keep the reputation that permits us
continuing as a part of our community of law.
As we can see, main directions in theories of law are the following: almost idealistic
views that the law has to be followed, that it was prepared on the basis of social contract
and everyone is to obey the rules as a guarantee of secure, peaceful existence. The other
direction, the one that is focused on human nature in realistic way, claims that there are
situations in which following the law is not the best solution, that all people care about
is good reputation and not being a good person. Is a reality that also has to be taken into
account when we consider the relation between person and the law.