Laws should be flexible enough to take account of various circumstances, times, and places.

Justice, is the value that originates from the time that human beings begun to make societies. As the history attests, the most practical way to attain such a value is via the laws and legislation. However, lawmaking is not a simple process. The laws should be flexible enough not to impose an oppression on anybody, and they also are needed to be rigid to be predictable and decisive. Therefore, the legislative system should strike a balance between the flexibility of laws and its rigidness to offer a better society.

To begin with, the laws should be flexible as there are many exceptional cases demanding different way of judgment regarding the situation they have taken place. Consider the guardianship rights in Iran. Based on the Islamic beliefs, the father possesses the guardianship rights of a child after divorce. Giving the children to the fathers was seamlessly continued in Iranian courts until a child died because of her irresponsible, drug-addicted father. Afterward, the legislative power took the consistency of father into account before giving a child to the father. Nevertheless, the blood of the child is on the excessive rigidness of the laws which did not involve certain situations in which father is not deserved to parent a child.

Furthermore, there may arise many loopholes that opportunistic people can capitalize on. In Iran, a subsidy was assigned to the price of oil and therefore the price of oil was lesser within this country. However, many trucks transported the gasoline to Turkey to sell it where the price of gasoline is higher. The government ceased this by implementing laws, not to let transit of subsidized oil out of the nation. Therefore, we see that how much flexibility of the laws are needed in order for a society to bring justice for its people.

However, the laws also need to be fixed enough because the society is relying on law’s decisiveness, predictability and consistency. If there are constant changes, the laws become too flexible and there would be other problems embroiling the society. Consider such problems in business. A company takes a loan. After a while the laws for the interest rate changes to demand higher rates. While the business has not predicted such a change in law, it may exact a high price for its company as the extension of the loan demands a different interest.

Therefore, we see that change or flexibility of law needs to be limited either.In short, as discussed, the legislative system should strike a balance between making law flexible enough to embrace a comprehensive circumstances and making laws rigid enough to be predictable and decisive.
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