First, law and case precedents in which past cases guide future decisions (Dammer & Albanese, 2014, p. 52) can lead to continuing rules or laws that may not be applicable to modern times or emerging groups and their unique conditions. Second, everything is allowed unless directly prohibited by the law. While this allows flexibility, it can also lead to people taking advantage of loopholes which can have adverse social, political, or economic consequences.
The next is the pros of the Socialist Law. One of the advantages of the Socialist Law systems is the importance placed on the educational role of the law. Furthermore, social engineering refers to familiarizing the people with the law in order for them to understand their social functions in relation to the legal system (Dammer & Albanese, 2014, p. 55). Socialist Law promotes social engineering that increases the public’s understanding and application of the …show more content…
Sacred Law directly applies religious traditions to the formation, implementation, and evaluation of laws, making it responsive to a society in which religion is "a way of life" (Dammer & Albanese, 2014, p. 58). Second, Sacred Law provides flexibility, especially in areas not specifically identified or discussed in the Qur’an and Sunnah (Ansary, 2015).
The Sacred Law of Systems has a disadvantage of "complex rules dependent upon interpretation and local developments"(Dammer & Albanese, 2014, p. 59), creating bureaucratic and possibly random processes of hearing and resolving cases. Furthermore, some of its laws discriminate against women, such as not counting women as credible witnesses during specific crimes or their testimonies may be counted as only half compared to male witnesses (Dammer & Albanese, 2014, p. 60). Among these families of law, I prefer Common Law which provides consistency in interpreting the law through its case law and its democratic principles. Case law prevents new ways of interpreting the law that may be biased for powerful people, even when they are wrong. Second, I like that Common Law recognizes the presumption of innocence until proven guilty and the existence of jury trials. Common Law gives power to the people and promotes due process of