The nullification of divine laws in certain cases is one such instance.
The nullification of divine laws in certain cases is one such instance. However, the question of the existence of a rational base for laws should not be mixed up with its permanency. (2)The other doubt is that a legal system comes to realization when the people of a society or at least some active and effective groups and sections of the society recognize the system. Till such recognition is achieved, it remains an idea in peoples mind or a few lines jotted on a paper.
Therefore, the basis of laws is public opinion and their acceptance by people; even if these are imposed on them by an individual or group of persons in the beginning. However, the wishes of people and the views of individual and groups cannot be neglected and the laws are based on reality of essence independent of people’s views and understanding. In reply it may be said that there is no doubt that the working of a legal system is based on its acceptance in the society.
If the people as a whole, or their majority or their active and effective groups are opposed to a legal system and resist it strongly, the system can never be put into effect. However, the question is whether a legal system can be called just or oppressive without taking into consideration its acceptance or non-acceptance by the people? Can it be said that a people have accepted a just system and another people have submitted to an oppressive one?
Can it be said that system recognized by the people shall be just and that justice and tyranny are nothing but their acceptance or rejection by the people? Those who view right and justice as independent of people’s opinion and acceptance believe that a given legal system can be just even if people do not accept it. And naturally another given system, contrary to the first, shall be oppressive irrespective of its acceptance or otherwise by the people.
The above statement cannot contradict and nullify such a view. (3) The other doubt is that legal laws are dictatorial and their essence is command and prohibition even if these are expressed in informative terms. This is evident from description of rights bearing the essence of privileges or from description of enacted laws such as terms and conditions. It is obvious that dictated version could neither be verified nor denied. In such cases one cannot give consideration to facts.
We have only to consider the wish of dictator based on negligence and permissiveness.