Law is a system of rules and guidelines which are enforced through social institution to govern behaviour laws are made by governments, specifically by their legislatures. The formation of laws themselves may be influenced by a constitutions (written or unwritten) and the rights encoded therein. The law shapes politics, economics and society in countless ways and serves as a social mediator of relation between people.
Furthermore, law as the body of official rules and regulation, generally found in constitutions, legislation , judicial opinion, and the like, that used to govern a society and to control the behaviour of its members, so law is a formal mechanism of social control. Legal system is particular ways of establishing and maintaining social order. According to John Austin (English jurist born 1790) law is a rule laid down for the guidance of an intelligent being by an intelligent being having power over him. Professor Hart (Oxford professor of jurisprudence, born 1907) defined law as a system of rules, union of primary and secondary rules. Glanville Williams learning the law define law is the cement of society and also an essential medium of change. Knowledge of law increases ones understanding of public affairs. Its study promotes accuracy of expression, facility in argument and skill in interpreting the written word as well as some understanding of social values.
In law, there are four processes in law formation. There are individual process, group process, social process and political process.
Individual process means the set of norms beliefs and values which collectively forms his on her moral standards.
Group process which means the surrounding environment of a situation plays a significant role in the norm, beliefs and values of an individual through exposure to these contexts
* Cultural or religious * Social or political * economics or technological
In group process, where a individual choices of norms, beliefs and values are made, ensures that all of the mentioned factors able to interact among one and another. As we can see in figure 1., where technological changes in communication bring political change in governance . the political changes make economic changes in spending and taxation patterns, which finally change cultural changes in personal lifestyle.
Cultural changes Economic changes Political changes Technological changes
In social process, all individuals in society do not have the same exposures to economic, technological, social, political, cultural and religious factors. There are some exposures come from: * Individual position * Family units * Peer groups * Formal organisation
The changing of norms, beliefs and values of individuals within society very clear, although delay impact upon the law. Actually, the social process involves an accumulation of power. In addition, people who have similar norms, beliefs and values easily form a group. It is natural join.
Furthermore, in political process the norms, beliefs and values held by organisations, groups and individuals established into law can be seen as means of resolving conflict. Organisations, groups and individuals also have different opinions on norms should be done now and beliefs should be accomplished in the future. The different views have to be common to consistent and universal rules to be effective. According to OUMH 3203 professional ethics, there are alternative on the ways in which this is done, * Presidential leadership * Institutional compromise * Congressional bargaining * Constituent pressure
Selected representative are formally assigned the responsibility of the formulation of law in are representative system. So, there are four process involves in formation of law
Individual process is a set of norms, beliefs and values where forms his or her moral standards. Norms is behaviour where individual expects to everyone act when faced with a given situation. For a example baby dumping is a social crisis and has a chronic increase as many cases are occurring in Malaysian society. The baby dumping refers to discarding or leaving alone, for an extended period of time, a child younger than 12 months of age in a public or private setting with the intent to dispose of the child. Based on Bukit Aman Police Headquarters statistics found a total of 580 babies were found dumped between years 2000 to 2006.
This number of cases increase every year where as much as 65 baby dumping cases has increased to 83 cases in the year 2006. In the first 5 months, almost everyday there are reports on dumped baby cases. You read it on the front page of the newspaper or see it on the nightly news¦a newborn baby found in a back alley. This scenario had been more serious from day to day although there are a lot about this in the mass media. Child dumping is the practice of dumping offspring outside of legal adoption. The dumped child is called a foundling or throwaway. According to a reliable statistics, one baby is dumped every week. A figure that has trebled in the past decades, causes include many social and cultural factors as well as mental illness.
Why an individual or teenagers due to unethical to baby dumping?
* Family influence Let them to make such a problem in their life. Family break-ups happen after a long period of misunderstandings, fighting and unhappiness. Sometimes they happen suddenly and it is hard to understand why there needs to be change at all. Children are mostly affected by this kind of situation. If both their mother and father decided to a divorce and one cannot raise their child alone, tendency is that they will dump their child. This child will become homeless and found him alone.
* Peer influence When children enter school, they influenced by peers with whom they interact every day. For example, if child friends engage with boyfriend or with stranger, the teenager too, may decide to do the same.
* Life experience Some important events, where positive or negative, shape peoples lives and influence their ethical beliefs and behavior. For example, when a person have sexuality in teenage and does not get caught, make them to continue to have sexuality until end of their life span.
Throughout this case, the norms of this case are to prevent baby dumping its necessary to educate individuals about sexuality. We support age-appropriate comprehensive sexuality education, and recommends that schools and communities provide comprehensive sexuality education to all youth and families. Maybe this prevention help teenage to avoid them such a situation
Furthermore, Individuals experiencing unwanted pregnancies must receive support and services. Communities should examine their capacity to provide the range of supports and services needed by individuals experiencing unwanted pregnancies. These services must also be publicized; people cannot use services that they do not know about. Finally, education efforts should strive to increase communication among youth, families, and communities. Increased communication may minimize the shame and secrecy associated with an unwanted pregnancy and make young people more likely to take advantage of supports and services in their families and communities.