Sunday, 23 January 2022

Functions of Law

 


Functions of Law


Introduction:

Law is a broad subject that changes and evolves all the time. Laws have existed since antiquity and are considered the foundation of any civilization. Simply said, a law is a rule or collection of regulations established by a government or society and applied to a community or area. However, because law is changing, no one definition can adequately represent its meaning globally.

What is the function of the law? Since the dawn of time, there has been no law. It is said to have originated in groups and civilizations. The purpose of law is to keep everything in order. The society would be in disarray if people were to let loose without any limits or prohibitions that relate to unjust or unethical actions. In order for civilizations to exist, human conduct must be controlled. Furthermore, the law establishes the minimal conditions for membership in a society or community, such as a code of conduct and etiquettes. Law also plays a role in resolving conflicts by penalising lawbreakers. As a result, legislation strives to defend people's rights and liberties.


According to Roscoe Pound, the four major roles of law are: 

  1. Maintaining law and order in society;

  2.  Maintaining society's status quo;

  3.  Ensuring individuals' maximal freedom; 

  4.  Meeting people's fundamental necessities.


The most basic and widely recognised role, as recognised by jurists, is to ensure the well-being of society by maintaining order. The functions of law in a community are considerably clearer than the broad functions of law, which would be better described as the aim of law.






Main Functions of Law:


  • Law preserves public order, “law and morality” in a society:


Laws are instructions that manage and regulate human behaviour and code of conduct in order to preserve order. They are intended to guarantee that everyone inside a given area respect the regulations. Laws are also responsible for keeping a country's peace. The population of many countries is extremely diverse. If the same legislation were enforced on the whole population, regardless of their diversity, needs, or differences in opinion, it would cause issues.

As a result, laws are developed to meet the demands of various segments of society while also assisting in the maintenance of national peace.


  • Fundamental Rights Protection


There is no use in having a law that does not act to safeguard and secure people's rights. Promoting and protecting human rights is one of the most important functions of law.

People have basic and fundamental liberties under the law. These liberties, which are founded on the social contract concept of government, include, among others, life, property, and association. There have been recent initiatives to expand these liberties to include issues such as free education and minimum living conditions.


  • Main organs of authority are defined and recognised by law.


It establishes who has the authority to exert what kind of power in society and ensures power secrecy. Law acknowledges power, which in turn establishes law in society. Resulting, rather than the state establishing the law, the law establishing the state.

The political system is likewise subject to the law, and it must carry out its responsibilities in accordance with the law and bear responsibility for the results. As a result, legislation rules and controls the political system by defining their responsibilities, the structure of the system, and who is eligible to participate in it.




  • Human Relationship Regulations


Contracts, agreements, families, and weddings are all examples of human connections that are governed by the law. The role of law is to keep human conduct and relationships in control. It is also in charge of determining the proper method for joining legal relationships, as well as their legitimacy and validity. Individuals in society are encouraged and rewarded for cooperating with one another under the law.

It offers a framework for transferring rights and interests (through contracts and inheritance), as well as recognising and implementing the voluntary establishment of organisations for peaceful purposes, such as associations, companies, and trusts.


  • Law conveys and enforces social ideals


Social values are a term that refers to a society's morality. By establishing these values, ensuring that they are communicated to the public, and, if necessary, enforcing them through the state, law aids society.

Alcoholism may not be ethically acceptable in a given state, but it is not illegal unless the legislation bans it. It's possible that moral guilt may build to the point where jail or a fine will be imposed. The law has always enforced morality.


  • Regulations governing economic activities


Law also establishes the norms and regulations, when engaging in economic activities such as selling, trading, working, and investing. To have genuine and lawful commercial dealings and agreements, law is required. Government money is also generated via laws, which are utilised to invest in the country's growth. As a result, law is also in charge of controlling the economic sector and its equivalents in order to maintain law and order.


  • International Relations


Law is in charge of managing and establishing international relations. It is crucial in developing commercial, diplomatic, and strategic relationships with other countries. Laws are also used to counteract the policies and demands of other countries, as well as to safeguard and promote a country's interests.


Conclusion


Law serves a variety of objectives, all of which are related to the creation of a uniform code that must be followed. All of law's responsibilities may be linked back to establishing order and ensuring that people are aware of the appropriate procedures to follow. Laws must be amended to meet the demands of society; because a country's population is diverse, its needs vary correspondingly; and laws must be updated on a regular basis as society's needs change with time and advancement. 

Law is an unavoidable part of any society's development. Law, without a doubt, plays a critical part in ensuring society's progress.





























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