Enforceability of law and the will of the people: Tyrannies of the lawmakers and those of people

Abstract

We examine the relationship between groups and individuals and observe how law and society evolve together.  We connect concepts of western jurisprudence from different eras by examining how social parameters changed to justify the modified understanding of a more general complex concept that is not static.  We thus find a relationship between society and the need for law to enhance the needs of individuals and groups.  We then see how individuals in a satisfied or dissatisfied society may coin a newer version of law and legitimacy. We examine temporal, personal and social incentives that makes social systems fluid.  We further look into the relationship between a society’s composition and the practical implication of such composition in the proper implementation of law.  We thus analyse why the theoretical understanding and structure of law may or may not guarantee a possible reflection in real world practice.