Retroactive Rule And The Legal System Essay

961 Words 4 Pages
Retroactive rule making is when a legal rule is applied to a specific conduct that has already occurred. This results in a loss of fair opportunity to conform, to conduct, and avoid a correct punishment. Certain scholars, such as Bentham (1925) argue that specific cases tend to have retroactive rule-making in it; while others’ argue that there are holes in the legal system, which can then lead to retroactive rule-making.

Most legal systems frown upon, or even prohibit retroactive rule-making due to the trust citizens have in the legal system. The trust between the system and citizens help society function, and punish those who break the rules correctly and fairly. When the courts use retroactive rule-making, it breaks the trust the citizens have in the legal system and society ceases to function accordingly. This is significant because if society is no longer able to function accordingly, then there is no law to abide by. Citizens will be able to do any action they like, regardless of how horrible it may be, with little to no consequence. There will also be an inability to get proper justice in court. Courts frown upon, even prohibit retroactive rule-making, due to law-makers having to create new laws that are predictable and consistent with the outcomes of breaking the law, while still being similar to other laws. This is for normal citizens who have not studied law, to be able to understand it and know the consequences if they choose to break it. Therefore, when citizens…

Related Documents