Page 6 - Mini-Module 9

Law - Its sources and the legal system in HK

We start with a simple explanation of what constitutes law,
where it can be found, and the system in which the law
operates.

What is law?

Law is a necessary evil – in a perfect world there would be little
need for law. Perfection implies that there is no shortage of
resources and hence no competing demands, no risks taken, no
adverse consequences, and no need for redress of wrongs.

“If boys were kept in cotton wool, some of them would choke
themselves with it. They would manage to have accidents: we always
did … we did not always have action at law afterwards. You have to
consider whether or not you would expect a headmaster to exercise
such a degree of care that boys could never get into mischief. Has any
reasonable parent succeeded in such care as to prevent a boy getting
into mischief and, if he did, what sort of boys would we produce? “
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(Hilberg J in Hudson v The Governors of Rotherham Grammar School )
Law defines the relationship between individuals and between
organizations in terms of rights and obligations. In the education
setting, the law recognizes that life is a risky business, and while
it is impractical and undesirable to eliminate all risks, the law
defines society’s conception of what is acceptable and what not.
Because we speak of rights and obligations, the law can at once
be a sword and also a shield .

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