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Merits/ Demerits or Advantages/

Disadvantages of Law
Law is not static but dynamic concept. Law changes from time to time and from country to
country. Law must change with the changes in the society. Commenting on the advantages
and disadvantages of Law, Salmond observed that “if the benefits of the law are great, the
evils too are not small, be that it may, it cannot be denied”. Law serves an effective
instrument of social change. Law must change to the changing condition.
There are advantages and some disadvantages of law. Advantages and disadvantages or law
are as follows.

1) Merit or Advantages of Law:

A) Uniformity and Certainty:
Law provides uniformity and certainty to the administration of justice. The same law has to
be applied in all cases. There can be no distinction between one case and another case if the
facts are the same.

B) Law avoids the dangers of arbitrary, biased and dishonest decisions:

The existence of fixed principles of law avoids the dangers of arbitrary, biased and dishonest
decisions. Law is certain and known. Therefore, a departure from a rule of law by a judge is
visible to all. It is not enough that justice should be done, but it is also necessary that it
should be seen, to be done. If the administration of justice is left completely to the
individual discretion of a judge, improper motives and dishonest opinions could affect the
distribution of justice.

C) Administration of Justice:
The fixed principles of law protect the administration of justice from the errors of individual
judgment. In most cases, the law on the subject is clear and judges are not expected to twist
the same. They are not expected to substitute their own opinion for the law of the country.
Experience shows that people have lived happier lives when they are ruled by the fixed
principles of law than when there are no laws as such.

D) Reliability:
Another advantage of law is that it is more reliable than individual judgment. Human mind is
fallible and judges are no exception. The wisdom of the legislature which represents the
wisdom of the people is a safer and more reliable mean of protection than the momentary
fancy of the individual judge.
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Demerits or Disadvantages of Law:

A) Rigidity of law:
One disadvantage is the rigidity of law. An ideal legal system keeps on changing according to
the changing needs of the people. Law must adjust itself to the needs of the people and
cannot isolate itself from them. However, law is not usually changed to adjust itself to the
needs of the people.

B) Conservative Nature:
Both the lawyer and judges favour the continuation of the existing law. The result is that
very often law is static. This is not desirable for a progressive society.

C) Formalism:
More emphasis is put on the form of law than its substance. A lot of time is wasted in raising
technical objections of law which have nothing to do with the merits of the case in dispute.

D) Complexity:
It is true that every effort is made to make law as simple as possible but it is not possible to
make every law simple. That is due to the complex nature of modern society. Lawyers also
insist on drawing fine distinctions on the various points of law.
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