Functions of Law


Law is a system of rules and principles that governs behaviour. It is a complex concept that is unique among the fields of human knowledge because it has both normative and descriptive characteristics, both of social behaviour and of individual actions. It also differs from most other disciplines in that its statements are not based on observation (as in the case of empirical science, such as the law of gravity) but rather on judgment and expectation. This makes defining law difficult.

Law serves a variety of purposes in society, such as keeping the peace, maintaining order, preserving property, promoting social justice, and providing for the smooth transition of power. The extent to which a nation’s laws serve these functions depends on the political landscape, and some governments are more effective than others at fulfilling them. For example, an authoritarian regime may keep the peace and maintain the status quo, but it is likely to oppress minorities and suppress democratic change.

One of the most basic functions of law is to set standards that define minimally acceptable behaviour in a society. For example, the law says that it is a crime to assault people or damage their property. These standards help to ensure that all members of a society can function in the same way, avoiding confusion and recrimination over disputes such as who owns a given piece of land.

Another important function of law is to provide a formal means for resolving disputes. Conflicts are inevitable in a society made up of persons with different needs, views, and values. The law allows these conflicts to be settled in a formal way, through courts, so that everyone knows how their disagreements will be resolved.

A third function of law is to provide a sense of fairness in society. This fairness may be in the form of distributive or corrective justice, ensuring that all citizens have a chance to succeed. It may also be in the form of a guarantee of equal treatment for all individuals, regardless of their wealth or social class.

In addition to these functions, law provides a mechanism for regulating the activities of government agencies and officials. For example, contract law regulates agreements to exchange goods or services; property law defines rights and duties to tangible and intangible property; and criminal law sets out the punishments that can be imposed for crimes committed against the state.

A final function of law is to provide legitimacy to certain activities by establishing a legal framework for them. This legal framework can include a constitution, which establishes the rights and obligations of citizens; a bill of rights, which lists the fundamental freedoms that every citizen is entitled to; and a set of procedures for adjudication and review, such as an en banc hearing, in which all judges sit together to hear a case. This can give the appearance of a legitimate process and can help to persuade foreign investors that a country has a well-developed legal system.

Theme: Overlay by Kaira Extra Text
Cape Town, South Africa