Saturday, November 5, 2011

Civil and criminal laws: Is obeying them our primary responsibility?




"The primary responsibility of citizens is to obey their nation’s civil and criminal laws"

The author’s statement that the primary responsibility of citizens is to obey their nation’s civil and criminal laws forms the fulcrum of modern society’s premise of fundamental rights and duties for its citizens. The modern society and representative form of governance confers upon its citizens certain fundamental rights and list the duties its citizens must perform as a part of a society.  The obedience of nation’s laws and regulations is one such duty the society expects from its citizens. But in my view the author’s statement is biased and invalid if seen in isolation and without giving due consideration to changing socio economic environment. 



Recently the world has seen uprising in West Asian countries particularly those which were under the rule of oligarchs and dictators. The uprising in these countries was primarily against the regime and autocratic laws and regulations which made the oligarchs and dictators strong while undermining the basic human rights of the common man. People revolted against a change in leadership in these countries and demanded for a representative form of government. The author’s statement of obedience of nation’s civil and criminal laws does not hold in the scenario when the common man is affected and he revolts for a change, sometimes even by undermining the nation’s. civil and criminal laws. 



Another situation where the above statement does not hold is when the present civil and criminal laws are unjust and formed by people who do not hold the mandate to do so. An example of this is the freedom movement of India led by Mahatama Gandhi. Under the leadership of Gandhi, India fought for its freedom from British Rule by practicing non obedience and non violence. 



In a democratic set up where laws and regulations are formed by a representative form of government and duties conferred upon the citizens; the primary responsibility of citizens no doubt is to obey the nation’s civil and criminal laws. Without such obedience, a rule of law will not prevail and a system of justice and fair society will be unthinkable.

In the end I would like to reiterate I do not agree with the author’s statement if seen in isolation. If we make provisions for civil disobedience and non cooperation by citizens if their common interests at large are affected by such laws and regulation, the statement can be accepted as a generalist opinion. The statement also holds for mature societies with a fair system of justice and legislature. 


2 comments:

Unknown said...

Truly said, there are many law firms who are concentrating on providing the service of public, private and criminal laws to citizens. I too have recently found such firm who is providing such type of service.
Laws For Peace & Discipline

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