What Are the Functions of Law in Our Society

1. The law plays an important indirect role in terms of social change by having a direct impact on society. For example: a law establishing a compulsory education system. The law manifests itself in the form of legal rules and decision-making in society. These rules and decisions are based on context. The law does not work in a vacuum, outside the realm of society. The legal rules are very much rooted in the social situation. Articles such as these deal with all the essential characteristics of the law from a societal point of view. Austin explains that the state is superior to the law and succeeds when it defines the law as the command of the sovereign. According to Austin, in this society there must be a political society with a “considerable” number and a superior who is usually obeyed by the mass of members of this community.

Within this community, the superior has sovereign power to establish the law. Collectively, the sovereign is above the law, but a member of the legislature is individually bound by the law. Do you agree with that proposal? Why do we need justice? What are the functions of the law in your localities? As for the question of the definition of law, there is no agreement among scholars on the functions of law. Lawyers expressed different views on the purpose and function of the law. It is well known that the law is a dynamic concept that constantly changes with time and place. It must change with changes in society. Law in the modern sense is not seen as an end in itself, but as a means to an end. The end is to ensure social justice.

Almost all theorists agree that the law is an instrument to guarantee justice. As Salmond rightly pointed out, “the law is a body of principles recognized and applied by the state in the administration of justice.” Even Hobbes and Locke recognized the positive role of the law when they said, “The end of the law is not to abolish or restrict freedom and freedom, but to preserve or extend freedom and freedom.” For Kant, the purpose of the law is to adapt one`s own freedom to that of other members of the community. Bentham gave a very practical version of the purpose of the law, which in his view is to maximize the happiness of as many members of the community as possible. The law must not, in the elaboration of its norms, seek to impose the good life as such; He must always weigh the benefits to be ensured by obedience with the damage that the raw instrument of coercion can cause. There are many ethical rules whose value lies in the voluntary choice of those who try to follow them. Nevertheless, there are other rules that the law must apply for the well-being of the community. Ethics thus perfects the law. In marriage, as long as love lasts, there is no need for laws to govern husband-wife relationships – but the lawyer enters through the door while love flies out the window. The law therefore sets only those standards that are considered essential, regardless of the reason for compliance. In a sense, the law may be a “minimal ethic,” but often the law has to resolve disputes on which ethical rules shed very little light — if two people who are not guilty of negligence have suffered from the fraud of a third party, who has to bear the loss? Ethics may suggest that the loss should be divided equally, but this is not a very practical rule for the law that requires certain rules for the transfer of property and the performance of contracts. Anarchy can take over quite quickly in the absence of laws. Societies are able to take an uncivilized turn when there are no legal consequences for people`s actions.

Here are some fundamental functions that the law performs in a society: What is the rule of law? Aren`t laws and rules the same thing? You can think of the rule of law as the rules that govern the law. The rule of law is the legal principle that the law should govern a nation, as opposed to arbitrary decisions made by individual government officials. It mainly refers to the influence and authority of the law within society, especially as a restriction of behavior, including the behavior of government officials. The term dates back to sixteenth-century Britain, and in the following century, Scottish theologian Samuel Rutherford used the term in his argument against the divine right of kings. The concept, if not the phrase, was familiar to ancient philosophers like Aristotle, who wrote, “The law should reign.” Therefore, it is safe to say that without the existence of a solid legal system that is effectively enforced, society cannot function, let alone prosper, even within society. A strong legal system serves as the basis for a happy and healthy society. The law is important because it serves as a guideline for what is accepted in society. Without them, there would be conflicts between social groups and communities. It is crucial that we follow them. The law allows easy adaptation to the changes that occur in society. The legal system reflects all the energy of life in every society.

The law has the complex vitality of a living organism. It can be said that law is a social science characterized by movement and adaptation. Rules are not created or applied in a vacuum, on the other hand, they are created and used again and again for a specific purpose. Rules are meant to move us in a certain direction that we think is good, or to go in a direction that we think is bad. The law has certainly acted as a catalyst in the process of social transformation of people, with the dilution of caste inequalities, protective measures for the weak and vulnerable classes, ensuring the dignified existence of those living in unsanitary conditions, etc. being the illustrious examples in this regard. Social change implies change in society; Its economic structure, values and beliefs, as well as its economic, political and social dimensions are also changing. However, social change does not affect all aspects of society in the same way. The law performs several important functions, but these four are the most important: society is a “web relationship” and social change obviously means a change in the social relationship system, in which a social relationship is understood in terms of social processes and social interactions and social organizations. Thus, the term “social change” is used to indicate desirable variations in social institution, social processes, and social organization. This implies changes in the structure and functions of society. A more detailed analysis of the role of law in relation to social change leads us to distinguish between the direct and indirect aspects of the role of law.

Regardless of whether or not the law allows a corporation to make major changes, it can be said with certainty that the law fulfills the above three functions. The law is a guide to minimally acceptable behavior in society. Some activities are, for example, crimes because society (through a legislative body) has determined that it will not tolerate certain behaviours that harm or damage people or their property. For example, under a typical state law, it is a crime to inflict physical harm on another person without justification – this usually constitutes the crime of bodily harm. [4] Conflict is inevitable in a society of people with different needs, desires, values and points of view. The law provides for a formal means of dispute resolution – the judicial system. [6] The law essentially draws the line between what is considered acceptable in a society and what is unacceptable in a society […].