Modern Law Essay Example | Topics and Well Written Essays - 1750 words

Modern Law - Essay Example This paper seeks to give a detailed analysis and criticism of criminal and civil law. Just like any organization having its challenges, civil law is not an exception. Civil law has challenges that need to be addressed as well as the good areas that need to be retained. It is in this regard that this part of the paper presents the dimensions of civil law that both need to be retained and changed. Ownership is one area that needs to be revised in order for civil disputes to be resolved efficiently. Ownership is one of the key and central concepts of civil law (Dorfman 408). Ownership largely outlines and ensures people respect boundaries for the peaceful coexistence of community members. In cases where people do not know the extent of their properties, conflicts are likely to arise between adjacent possessions. The entrepreneurial nature of people moves them to great length of wanting to amass more property for themselves. Each and every property has a spark that will always attract either a person or people with the intentions of owning it. Therefore, without clear boundaries on the ownership of property, conflict is bound to arise regarding the ownership. Therefore, ownership being a key concept of the civil law, there should be clear boundaries stating how far an individual or a person owns a given property (King 339). Further, each civil case in courts should be ruled in its merit. Let no other similar cases be used as a guideline in ruling a current case in court. On the other hand, the judges in American civil law remain disempowered as compared to the lawyers. The judges cannot proclaim common sense control over the cases, as they are ongoing. To a larger extent, the judge is reduced to a referee to oversee the contributions of the lawyers. In addition, judges in American civil cases do not know what they are to judge. The American civil case