Oral Law in Jurisprudence
From a legal point of view, an oral law can be:
- a habit, or custom with legal relevance or when the formal law expressly refers to it (but in this latter case, it is properly an indirect source of legal rights and obligations);
- a spoken command or order that has to be respected as a law (in most modern western legal systems, some dispositions can be issued by word in given cases of emergency).
An oral law, intended as a body of rules, can be admitted in jurisprudence as long as it shows some efficacy, therefore it needs that the law is public, the human action is evaluated by a judge (ordinarily producing a sentence according to the general interpretation of the law) and then a punishment has eventually to be put into effect. Some oral laws provide all these elements (for instance, some codes of conduct in use among criminal associations like mafia do have a well known law, a judge, a condemnation), while others usually miss some of them.
Read more about this topic: Oral Law
Famous quotes containing the words oral and/or law:
“We have seen over and over that white male historians in general have tended to dismiss any history they didn’t themselves write, on the grounds that it is unserious, unscholarly, a fad, too “political,” “merely” oral and thus unreliable.”
—Adrienne Rich (b. 1929)
“All gentle cant and philosophizing to the contrary notwithstanding, no people in this world ever did achieve their freedom by goody-goody talk and moral suasion: it being immutable law that all revolutions that will succeed, must begin in blood.”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)