Scientific Article
The Law and the Bad Man: A Reflection on Obedience, Order, and Human Nature
One of the most thought-provoking questions in legal philosophy is: What is the relationship between the law and the bad man? This concept, introduced by jurist Oliver Wendell Holmes, suggests that the law must be structured not around those who naturally follow it, but around those who might choose to defy it — the so-called "bad man."
The Importance of Obeying the Law
Obeying the law is not merely a civic duty; it is a foundational pillar of any functioning society. Laws ensure order, protect rights, define duties, and regulate the conduct of individuals and institutions alike. When individuals comply with the law, societies experience greater levels of safety, stability, and economic and social prosperity.
The metaphor of dealing with a dangerous or mentally unstable individual illustrates the rationale behind legal obedience. Just as we cautiously avoid provoking someone who might cause harm, so too we adhere to the law to avoid punitive consequences and the chaos that arises from legal anarchy.
The Law as a Shield Against Chaos
A functioning legal system serves not only to punish wrongdoers but also to prevent injustice before it occurs. It provides a structure in which citizens can resolve disputes peacefully, businesses can operate fairly, and governments can be held accountable. In this way, the law becomes not just a tool for order, but a shield for justice.
Comparing Western and Eastern Societies
When comparing Western and Eastern societies, a major distinction lies in the enforcement and reverence of the law. In many Western nations, legal institutions are strong, independent, and relatively free from political interference. Laws are applied consistently, and citizens generally trust the judiciary.
On the other hand, many Eastern societies struggle with inconsistent application of the law, corruption, or weak legal infrastructures. These issues hinder societal development and often erode public trust. The contrast highlights the crucial role that a robust legal system plays in national progress.
Human Instinct and the Role of Law
Human beings are not naturally inclined to follow rules that restrict their desires or impose discomfort. Without laws, society would likely devolve into a state of disorder driven by individual interest rather than collective good. Law is the mechanism through which instinct is balanced by reason, and chaos is countered by structure.
In essence, laws exist not because people are inherently evil, but because even the best of us are fallible. Legal systems acknowledge human imperfection and provide a framework to manage it for the benefit of all.
The most compelling evidence of law:
The authority of the law is represented by practice lies in my three-year academic journey in the United States of America, where I pursued an intensive legal education focused on comparative law and the Anglo-American legal system. This period offered a rich blend of theoretical study and practical training, including moot court experiences and legal aid clinic participation, within a rigorous academic environment.
What struck me most was the remarkable precision with which laws are drafted, and the systematic approach taken in their interpretation and application across various contexts. The U.S. legal system stands out for its adaptability, where precedents and real-world facts play a critical role in shaping how laws are understood, tested, and refined.
Engaging directly with real and simulated legal cases gave me invaluable insight into the dynamic relationship between legislation and its enforcement. It reinforced my belief that justice is not solely rooted in the written law, but also in how that law is interpreted and applied in response to evolving social and political realities. This immersive experience deepened my appreciation for the law as a living, responsive system—constantly learning from its own practice.
Conclusion:
The law is not simply a set of written codes — it is a living, evolving institution that reflects the values and aspirations of a society. Whether in the West or East, the strength and integrity of the legal system often determine the fate of nations. And in dealing with the "bad man," the law must remain vigilant, fair, and universally applied — for justice must serve not only the obedient but also confront the disobedient.