“The law does not always protect the individual and leads to positive social progress. The law can be used to oppress individuals and restrict their rights. Respect for the legal system can obscure the dysfunctional role of the law. Dysfunction means that the law promotes inequality or serves the interests of a small number of individuals, rather than promoting the well-being of society or hindering the enjoyment of human rights. [3] Although the legal system and its laws are designed to protect the fundamental rights and freedoms of American citizens, they are not always easy for the average citizen to understand. At what point do we cross this fine line between legal and illegal, and on what basis is that line drawn in the first place? Most people understand (and accept) laws that prohibit murder, theft, bodily harm, and financial crimes, but there are many other laws that could give us food for thought. For example, in Minnesota, any game in which participants attempt to catch a greased or oiled pig is illegal. The same laws also prohibit turkey brewing. [2] Do not attempt to replace a ferret with a hunting dog in West Virginia. Anyone who hunts, catches, takes, kills, injures or pursues a wild animal or bird with a ferret is liable to a fine of not less than $100 (but not more than $500) and not less than 10 (but not more than 100) days in jail. [3] While you may never have thought about participating in a turkey climbing or hunting with a ferret, chances are you`ve broken a law at some point, perhaps even in the last twenty-four hours.
Have you exceeded a speed limit while driving? Riding on a stop sign while cycling at an empty intersection? Do you drive to the convenience store without fastening your seatbelt? While it`s unlikely you`ll be prosecuted and jailed for these minor traffic violations, the fact is that you`ve broken the law. Why do we have so many laws? Let`s take a closer look at the role of law in society and why laws are created in the first place. Roscoe Pound assigns four main functions to law, namely: (1) to maintain law and order in society; (2) maintaining the status quo in society; (3) ensure the greatest possible freedom of the person; and (4) meeting the basic needs of the population. He treats the law as a kind of social engineering. The realistic view of the object and function of law is that the pursuit of the greater good of individuals and the state as such is a supervisory authority. The law performs many functions in a modern state. It serves as a means of social control, supported by other means such as public opinion (morality), religion, education and custom. However, law is the most institutionalized means of social control in society. The social functions of law are manifold: according to Holland, the function of law is to ensure the well-being of society.
It is therefore more than an institution for the protection of the rights of the individual. These are the fundamental functions of law in any society. It is also important to note that the law is inevitable for the growth of any society. With the points mentioned and discussed above, it is undoubtedly clear that law plays a crucial role in ensuring the growth of society. The law, in developing its standards, must not seek to impose the good life as such; He must always weigh the benefits to be obtained through obedience with the harm that the crude instrument of coercion can cause. There are many ethical rules, the respect of which lies in the voluntary choice of those who try to follow them. Nevertheless, there are other rules that the law must apply for the benefit of the community. Ethics therefore perfects the law. In marriage, as long as love lasts, there is little need for laws to govern husband-wife relations, but the lawyer enters through the door while love flies out the window. The law therefore only sets 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 that ethical rules shed very little light on – if two people who are not guilty of negligence have suffered as a result of third-party fraud, who should bear the damage? Ethics may suggest that loss should be divided equally, but this is not a very practical rule for law that requires certain rules for the transfer of title and the performance of contracts.
[4] Whether or not the law allows for major changes for a business, it is safe to say that the law fulfills the three functions mentioned above. After all, none of us want to live in a world where the powerful are free to pray for the weak without any consequences. With this article, Lawrina.com Legal Portal attempts to determine the purpose of the law, as well as the role and functions of the law in any corporation. Law manifests itself in the form of legal norms and decision-making in society. These rules and decisions are context-based. Law does not operate in a vacuum, outside the realm of society. Legal rules are very deeply rooted in social conditions. Articles such as these deal in more detail with all the essential features of the law from a societal perspective.
The concept of functions of law is of great importance. It is necessary to explain the essence of law, explain the disciplines associated with law, correctly interpret and apply the law, determine the interaction of law with social norms and institutions, determine which general principles should correspond or deviate from them, and explain the law in the context of normative philosophy. The purpose of this chapter is to contribute to the development of all the reasoned functions of the Act. It distinguishes questions of the social functions of law from the question of the classification of legal norms into different normative types. The four main functions of the law – to prevent undesirable behaviour and to ensure desirable behaviour in criminal law and tort; provide facilities for private agreements between individuals found in private, criminal and tortious law; the provision of services and the redistribution of goods in legal systems; and the resolution of unresolved disputes in court – are discussed in this chapter. It also deals with the secondary and indirect functions of law. The secondary functions of the law include the establishment of procedures for amending the law and regulating the functioning of legislative bodies. The chapter concludes by discussing H.L.A. Hart`s classification of law.
The law essentially draws the line between what is considered acceptable in a society and what is unacceptable. Even if norms, customs and traditions draw borders, crossing these borders does not necessarily have consequences. What is the difference between law and ethics? The law tends to prescribe what is deemed necessary for the given time and place. Ethics focuses on the individual and not on society; Law deals with the social relations of society and not with the individual excellence of its character and behaviour.
