FOREWORD
Why do people obey the law? Lawmakers know the key to effective laws is their ability to make laws that have general acceptance and will be observed.An instrumentalist approach presupposes that people model their behaviour in response to tangible incentives and consequences.Often,policymakers adopt this approach.On the other hand,the normative approach focuses on the compliance of what is considered to be necessary,just and moral rather than observance based purely on self-interest.The importance of this approach cannot be overstated.After all,acceptance and voluntary compliance requires less oversight and reinforces legitimacy.Notions of legitimacy are particularly critical when discretionary powers are being exercised.
The publication of this book is timely.There is growing interest in how laws are made and applied in modern society.This is a positive development as laws impact all of us in every facet of our lives.Why laws are in place and how they are applied do really matter.All of us have an interest in ensuring that laws are applied fairly,equally and consistently.
What are the sources of our laws? How do policies affect the content,crafting and application of our laws? What are legal principles and how is their hierarchy determined? How do the legislature and the judiciary interact? How are laws interpreted? How are discretions exercised and circumscribed? Why do notions of justice and the law sometimes conflict? How does the law operate across international borders and is there a clear hierarchy of application? These are just some of the big and important questions raised and addressed in this book.
While the internet and its myriad sources provide a rich trove of information and are easily accessible,they are neither invariably accurate nor reliable wells to draw upon.Professor Low draws upon his four decades of rich experience and unique personal insights as a practitioner,academic and administrator to distil a compelling compendium on law within a common law system.There is no other overview quite like this.Ambitious in intent,comprehensive in scope and,ultimately,satisfying in content.The book ticks all the right boxes as a primer.It is a stimulating and engaging introduction to legal systems and their operating software.
Books like this help to shed light on technical concepts,demystify the fog of legal jargon,give insights into legal decision making and promote active citizenry.They make a difference.Professor Low,therefore,deserves our gratitude for making the workings of the law more accessible to the wider public.
VK Rajah SC
Managing Partner,Rajah & Tann (1987-2003)
Judge of the Supreme Court,Singapore (2004-2007)
Judge of Appeal of the Supreme Court,Singapore (2007-2014)
Attorney-General of Singapore (2014-2017)