Definition and Functions of Law

Ever wondered why we have laws and what purpose they serve in society? Law actually impacts your daily life in more ways than you realize. Law sets the rules for how society functions and helps ensure that people can live together in relative harmony.

Without law, there would be chaos. We’d have no way to enforce contracts, protect rights, or maintain order. Law is really the glue that holds society together. It shapes nearly every aspect of our lives, from the safety of the food we eat to the education of our children to ownership of property.

Though at times complex, the law aims to create a framework for human interaction that benefits and protects us all. In this article, we will go through the functions of Law and how it shapes society.

Definition of Law

Law is a set of rules created and enforced by the society or government to regulate behavior and help society function smoothly. Its precise definition is a matter of longstanding debate

In short, laws exist to facilitate cooperation and protect citizens so that people can live and work together in a safe, stable, and equitable environment.

Law Theories

To understand law, you need to know the theories behind it. We have three main theories of law, which includes: the natural theory of law, positive theory of law, and the realist theory of law.

Natural Theory of Law

The natural law theory believes that law comes from nature, reason and morality. According to this theory, law is based on moral rules that are part of nature and can be discovered by reason. Natural law theorists argue that certain rights and wrongs are inherent in nature, and that human law should reflect these natural rights and prohibitions.

Some key principles of the natural law theory:

• There are certain moral laws that are part of nature and can be discovered by human reason. These include laws forbidding murder, theft, and fraud.
• These natural moral laws are universal and eternal. They apply to all people at all times.
• Human laws that violate natural law are not valid. If a human law violates natural law, people have a right to disobey that law.
• Natural law focuses on rights and wrongs, not on legal rules and procedures. Natural law is about morality, not about the law of any particular country.
• The most important natural rights are the rights to life, liberty, and property. Governments exist to protect these natural rights.

The natural law theory has been very influential in the development of law and legal systems in Western civilization. Many famous philosophers and political leaders, including Aristotle, Thomas Aquinas, and Thomas Jefferson, based their thinking on natural law principles. However, the theory also has some weaknesses, including disagreement over which principles actually comprise the natural law.

Positive Theory of Law

The positive theory of law focuses on what the law is and how it functions in society, rather than what law should be. In short, it aims to understand and explain the actual rules and norms in a legal system.

According to the positive theory of law, laws exist to regulate human behavior and maintain order in society. When laws are clearly defined and enforced, it gives us a sense of certainty about what is and isn’t acceptable. This level of predictability and consistency is important for society to function.

This theory gives a very clear and simple definition of law that captures the ordinary nature of law. It makes no mention of what the law could or should be. It adheres to its analytical method by analyzing the structure of law, the visible form of law that can be easily referred to and comprehended. However, law existed before governments and sovereigns.

As a result, this hypothesis falls short in this regard. Another critique of this approach is that it is too narrow in its consideration of the sovereign’s command to assess the validity of law. Several laws are considered as lawful because they follow natural justice or relate to public policy. Similarly, people tend to follow the law in order to obtain rewards and benefits, habits, etc.

Realist Theory of Law

Realist theory of law was founded by Chipman Gray, Oliver Holmes and Karl Llewellyn. This Theory disregards other standard theories of law. The theory pertains with how the law actually works. According to this theory, legislative laws have no significance unless they are applicable in the real world. This approach considers laws to be just those that have practical application.

As a result, it is the decisions of the judiciary rather than legislative effort that constitute actual laws. By this approach, the judiciary is credited as the lawmaker rather than the legislature. In simple terms, it asserts that law is the result of judges’ decisions influenced by social, economic, and contextual factors.

There are numerous plausible objections of this idea, as it appears to be quite defective. One significant critique is that this hypothesis is solely dependent on litigation. There are many issues that do not necessitate the intervention of courts but nevertheless require laws to govern the basics, such as contracts and weddings. Those laws are also totally applicable in the real world. Another important issue is the emphasis placed on human factors.

Realist theory attempts to rationalize and elevate the approaches and biases of judges above common law. According to this, laws are subject to the conscience and personal choices of an individual or group of individuals, leaving laws open to interpretation. Aside from them, laws exist before the judiciary rules on them, and they continue to exist.

What are the Functions of Law?

Laws aim to regulate human behavior and maintain social control. They set standards for conduct between people and punish those who violate these standards. This helps ensure a safe, stable, and secure environment for all members of a community.

The main functions of law in any society are:

Protection of Fundamental Rights

One of the most fundamental function of law is to protect the basic rights and liberties of citizens. These fundamental rights are enshrined in the constitution of a country. For example, the right to freedom of speech and expression, the right to equality, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

Concept of Man

The concept of man refers to what it means to be human. As humans, we are self-aware beings with complex cognitive abilities, such as reasoning, imagination, and abstract thinking. We also have a moral sense of right and wrong. However, we are also driven by basic needs and desires, like covetousness, the need for food, violence, shelter, and companionship. If man is left alone, the world would resemble the devils workshop, where the logic of the first would reign.

Control of Political System

The law also functions to control the political system and those who are in power. Those in power can abuse their power for their own benefit. Law prevents this by providing limitations.

Law limits the power of rulers and government by prohibiting certain acts like human rights violations. No one, not even the governments are above the law.

The Regulations of Economic Activity

The law regulates economic activity in many ways. It establishes rules for how businesses must operate to protect consumers, the environment, and fair competition.

Laws require licenses and permits to start a business. They set standards for employment, manufacturing, and trade. These regulations aim to prevent unfair practices, ensure public safety, and support ethical commerce.

Moulding Future Conduct

The law helps shape how people behave in the future by establishing rules of conduct and acceptable standards of behavior. By articulating what is and isn’t allowed, the law molds how people act and interact with one another going forward.

For example, laws against violence like assault and battery aim to promote a peaceful, civil society where people feel safe. Traffic laws establish norms for how vehicles should operate to avoid accidents and make roads safe for all. Environmental laws set standards for pollution and waste management so companies modify their practices to be more sustainable long-term.

In all these cases, the law is seeking to positively influence future conduct and decision making. Of course, laws are not always perfectly followed, but by and large, they are effective in slowly reshaping behaviors and customs over time through a combination of deterrence, education, and the internalization of societal values.

Regulations of Human Relations

When it comes to regulating human relations, laws aim to protect people and ensure fairness. Laws prohibit harmful acts like theft, assault, and murder. They also promote positive behavior by enforcing contracts, resolving disputes, and facilitating commerce.

In any society, there will always be tensions and conflicts between individuals. Laws help navigate these complex human relationships by:

• Defining acceptable and unacceptable behavior
• Punishing those who violate societal standards
• Upholding the rights and safety of all citizens
• Providing a just mechanism for resolving disagreements
• Fostering cooperation through the mutual benefits of exchange

Though not perfect, a sound legal system is essential for maintaining order and justice in communities of diverse, self-interested individuals. Laws shape the rules of human engagement so that we can live and work together in relative peace and prosperity.

Law Enforces Its Supremacy

Law enforces its supremacy through sanctions and force. If a law is broken, the government can penalize the lawbreaker with Fines, Imprisonment and death depending on the level of atrocities committed.

The government can issue monetary fines or jail sentences to those who disobey the law. For example, traffic violations like speeding often result in fines, while more serious crimes lead to imprisonment or death. These punishments serve as deterrents and help compel people to follow the rules.

Advancement of Economic Growth,

Economic growth refers to an increase in the production of goods and services over a specific period. Law plays an important role in advancing a nation’s economic growth.

• Enforcing property rights and contracts: Law protects individuals’ and businesses’ rights to their property and ensures that contractual obligations are fulfilled. This boosts confidence in the economy and spurs business investment.
• Maintaining competition: Antitrust laws aim to promote fair competition by preventing monopolies and ensuring a level playing field for businesses. This drives innovation and economic efficiency.
• Protecting consumers: Laws like truth-in-advertising and product safety regulations protect consumers and allow them to make informed purchasing decisions with confidence. This boosts consumer spending which fuels economic growth.
• Facilitating trade: Laws enable the free flow of goods, services, and investments across borders. This expands markets and boosts economic activity.
• Providing infrastructure: Laws enable governments to build and maintain infrastructure like roads, utilities, schools, etc. This infrastructure is essential for economic growth.

In summary, law creates the institutional framework and protective mechanisms that cultivate a thriving market economy. By enforcing rules, facilitating transactions, and enabling infrastructure, law paves the way for sustainable economic growth.

Maintenance of Justice and Fairness in Society

The law helps ensure justice and fairness in society. By following the rules set out in laws and legislation, people’s basic rights are protected and conflicts are resolved in a fair manner.

Laws aim to uphold justice by establishing consequences for those who harm others or violate their rights. They also provide a process for settling disputes and determining punishment that is meant to be impartial and fair. When laws are applied consistently and objectively, it helps create a just society where people are treated equitably under the law.

National Security and Public Safety

The government has a responsibility to protect national security and ensure public safety. Laws aim to prevent threats against the nation and its citizens. Laws safeguard sensitive government information and infrastructure. They punish those who steal classified data or damage key resources. Strict penalties deter people from threatening national security.

Laws also promote safety, security and well-being of citizens. They ban or regulate dangerous items (weapons, drugs) and punish those who directly endanger others, e.g (drunk drivers). Safety laws cover food, products, work environments, and more helping create a safe, lawful, and secure society.

Preservation of Life

The most basic function of law is to preserve human life. Laws protect citizens by restricting violence and criminal behavior that could endanger lives. For example, laws prohibit murder, assault, robbery, and other acts that threaten safety.

Law as a Transforming Agency

Law acts as an agent of social change and helps in transforming society. As society evolves, new laws are made and old laws are amended to keep up with the changes.

For example, Equality laws which are related to rights and equality of citizens are amended to end discrimination based on gender, race, sexuality, etc. These laws aim to transform society into a fair and just place.

By prohibiting certain acts, the law deters individuals from engaging in undesirable behavior that could harm others or society. The threat of legal punishment, like fines or imprisonment, discourages criminal behavior.

Where Do Laws Come From?

Laws originate from a variety of sources including the following:

• Legislation: Laws passed by legislative bodies like Congress or Parliament. These include statutes, acts, and bills.
• Common law: Laws established by precedent from courts. As courts issue rulings, their decisions become law.
• Administrative law: Regulations created by government agencies to implement legislation. These include rules, orders, and decrees.
• Constitutions: Provide the framework for a nation’s laws and government. Constitutions establish and protect citizens’ fundamental rights.
• Treaties: Formal agreements between countries that create binding laws. Treaties cover issues like trade, environment, human rights, etc.

Conclusion

So there you have it, a high-level overview of what law is and why we have it. Laws help regulate society, protect our rights, and promote justice and equality. Though the legal system isn’t perfect, law aims to create order and stability.

As citizens, we all have a shared responsibility to understand and follow the law. And if we ever feel a law is unjust, we have the power to work to change it. Law impacts nearly every aspect of our daily lives, so it’s important we appreciate its role and purpose in society. Stay informed and engaged, question what you don’t understand, and do your part to shape laws that build the kind of world you want to live in.