Are the rules rock solid? Not really. Some rules are
designed to be flexible and that is a very good thing. Let's review why
having flexibility under the law can benefit society.
Rules meant to be broken: With things like copyright laws, patents
and similar protections, the law really gets in the way of progress. This
is why so many people look to break these particular types of rules in order to
usurp and promote new inventions and technology. It is also why they are
under constant review for reform. Others have sought out ways to alter
patent/copy right law to make it more flexible. One such way is to make
the blueprints to an invention as a tradable stock option. So when a car
company like GM wants to use patented Mitsubishi tires, they simply buy shares
equal to the amount of tires they want to produce for their vehicles. No
I am not talking about stock in Mitsubishi either, but actually making the
patent into stock itself to be bought in shares as a way of selling it with the
owner being able to reap the benefits. On top of this, if it becomes a
publicly traded stock, it allows for more accurate supply and demand price
changes and eliminates the need for cumbersome contracts.
Another idea that is already on the books
(last I checked) is for the inventor to either sell the blueprints for his/her
designs on the cheap or sell the whole product from a licensed factory.
Both options work to benefit all with respect to technological progress
and advancement of society.
Punishments: Before all the types of crimes like
"hate crimes," murder 2", "murder 3" "breaking
and entering" and such there were basic laws with (usually) flexible
punishments. What I mean by this is that we can simple have laws against
"theft", "assault", "murder", but the judge can
base the punishment on the severity of the crime instead of predetermined
punishments. This allows the judge in the case of an accidental murder to
sentence the guilty to one year, while in a purposeful murder sentence the
guilty to death. So one crime, different punishments based on evidence
presented. Some States in the United States have flexibility just like
this, while others do not such as the case of 18 and 17 year old couples being
convicted of statutory rape (sex with an under aged minor) ruining innocents
lives. So it all comes down to how well the law is written.
(Note: the one exception I make is
for child molesters and rapists. They should live in jail for the rest of their
lives).
The United States Constitution: Yes even the United States
Constitution has flexibility. Certain Amendments like the 13th 14th and
15th can be enforced by congress with appropriate legislation so long as it
does not violate any other part of the Constitution. Also, the
Constitution allows for the document that governs our government’s power to be
amended so as to have the flexibility to change (of course this is hard to do
on purpose so as to make sure the change is truly worth it). Thus the law
that governs all laws can be changed and has certain flexibility built in.
Conclusion: So flexibility in law can enrich
people, advance progress and prevent people from becoming victims. It
allows laws to evolve and adjust to the changing face of society and crime.
I only provided some tidbits on how and where laws are flexible, but I
think you are getting the idea on why flexibility is good.
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