7 Functions of Law
(vii) The law performs normative and social functions by indicating the direction of injustice committed by members of the public and by assisting or supporting civil servants, operators and machinery of society. At the end of this article, you should be able to assess whether law is an instrument of class, domination, or a means of mystify the balance of power, to assess the purpose and functions of law, and the prospects that it “atrophies” at a certain stage of development. 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, the law is the most institutionalized means of social control in society. The social functions of law are multiple: why do we need law? 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. Can I get more legal authority from you with respect to the functions of the act? The notion of functions of law is of great importance. It is necessary to explain the essence of law, to explain the disciplines associated with law, to correctly interpret and apply law, to determine the interaction of law with social norms and institutions, to determine to which general principles law should correspond or deviate, and to explain the law in the context of normative philosophy. The purpose of this chapter is to contribute to the development of all the functions of the law on which it is founded. It distinguishes between questions relating to the social functions of law and the question of the classification of legal norms into different normative types. The four main functions of the law – the prevention of undesirable behaviour and the safeguarding of undesirable behaviour in criminal law and in the case of unlawful acts; facilitate private agreements between individuals in private law, criminal law and tort law; the provision of services and the redistribution of goods found in legal systems; and the resolution of unregulated disputes that can be found in courts and tribunals are discussed in the chapter. It also deals with the secondary and indirect functions of law. Secondary functions of the Act include establishing procedures for amending the Law and regulating the functioning of the bodies that enforce the Law. The chapter concludes with a discussion of H.L.A. Hart`s classification of the law.
These are the fundamental functions of the law in any society. It is also important to note that the law is inevitable for any society. With the points mentioned and discussed above, it is undoubtedly clear that the law plays a crucial role in ensuring the growth of society. Specific laws are enacted to achieve a specific goal in society. For example, the Penal Code was enacted to regulate crime in society, the Law on Companies and related matters to regulate the establishment of enterprises, and so on. However, there are also general functions of the law as a whole. Some of these general functions are: Roscoe Pound assigned four main functions of the law, namely: (1) to maintain law and order in society; (2) the maintenance of the status quo in the corporation; 3. to ensure the greatest possible freedom of the individual; and (4) meeting the basic needs of the population. He treats the law as a kind of social engineering. This leads to the recognition that society cannot exist without rules of social order – of law. The image of a state without rights helps to highlight the functions of law in society.
Today, the following functions are considered important of the law. The functions of law in society are infinite. The law ensures the survival of society, maintains the accepted norms of public morality of the time, provides the substrate for socio-economic emancipation, the desire to live and the need to live in society. Pollock argues that order, not coercion, is the fundamental character of law.