But is it not reasonable to assume that the Judges of the Privy Council being removed from the social environment are likely to be more dispassionate in interpreting and applying the law?
Some argue this point. Law however, is not mechanical. It is reflection of what the people in the society want for their society. Law is the normative outcome of the cut and thrust of human interactions based on collectively determined or generally accepted social values. It must continuously adjust to its environment.
Consequently, persons interpreting and applying the law should be attuned to the relevant dynamics of social interaction, which determine the quality and intensity of human intercourse, and the values conditioning such dynamics. And by this is meant the values that make us cry; the values that make us laugh; the values that make us happy or sad; the values that make us responsible, productive, creative, caring, proud people: in short, the values that condition our uniqueness as a people. To be far removed from the immediate environment of social interaction to which the law applies would facilitate a dispassionate analysis of human events and judicially objective decisions but only to the detriment of desirable social behaviour and social cohesion. In short, the decisions may tend not to reflect the needs of the society, because the people applying the law would not understand the society. What is an insult in one society is not an insult in another, what is appropriate behaviour
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