Theoretical overview:
Jurists have expressed different views about the purpose and function of law. It is well known that law is a dynamic concept, which keeps on changing with time and place. It must change with changes in society. Law, in the modern sense, is considered not as an end in itself but is a means to an end. The end is securing social justice. Almost all theorists agree that law is an instrument of securing justice.
According to Holland, the function of law is to ensure the well-being of society. Thus it is something more than an institution for the protection of individuals’ rights.
Roscoe Pound attributed four major functions of law, namely: –
- Maintenance of law and order in society;
- To maintain the status quo in society;
- To ensure maximum freedom of individuals; and
- To satisfy the basic needs of the people He treats law as a species of social engineering.
Salmond’s opinion about the act of law seems sound and logical.
The term “law” refers to a wide variety of rules and principles. Law is an instrument that regulates human conduct.
Law means justice, morality, reason, order, and authority from the point of view of society.
Law means laws, acts, rules, regulations, orders, and ordinances from the point of view of the legislature
Law means court decisions, decrees, judgments, orders of courts, and injunctions from the point of view of judges.
Therefore, the law is a broad term that includes acts, laws, rules, regulations, orders, ordinances, justice, morality, reason, righteousness, rules of court, decrees, judgment, orders of courts, injunctions, tort, jurisprudence, legal theory, etc.
Since the fall of human civilization, mankind has had some sort of rule or that they themselves ruled in societal laws, setting the standard in which we must live if we want to be a part of society.
Law is a body of rules of action or authority determined by governing, and a legally binding force. Laws are made because it helps prevent chaos from occurring within the business environment and society.
Laws fulfills many functions, but main functions of laws are:
- Law Protects Individual Rights and Freedoms: – The Bill of Rights was added to the US Constitution to guarantee many important protections. These laws provide protection to individuals, other persons, organizations, and even from the government. The First Amendment of the Bill of Rights prohibited government law that would interfere with a person’s right to free speech.
- The Laws provide a Framework and Rules to Help Settle Disputes Between Individuals: – The laws create a system where individuals can bring their dispute to an impartial tactic, such as a judge or jury. There is also ore legal option where individuals work together to find a solution, such as by using alternative dispute resolution (ADR). There are courts at every level, stranded from local to federal. To decide who should win in a dispute.
- Without Law there will be no way to Set the Standard: – It is fairly easy to see why murder and theft are crimes, but laws also provide a framework for setting other types of standards. Without the Federal Code of Regulation (or the central laws), it would be difficult for individuals or businesses to conduct transactions using banks. Federal/Central regulations provide enforceable rules and protections regarding taxes, commercial transactions, employment laws, insurance, and other important areas.
- Laws Help Societies to Maintain Order: – What will be the situation if there is no rule of law? You may need to provide your protection as there will be no police force or army. Disputes are unavoidable in the life of society and it is the role of the law to settle disputes. Thus, disagreements that are justiciable will be resolved by law in court or out of court using alternative dispute settlement mechanisms.
- Social Change: – A number of scholars agree about the role of law in modern society as an instrument for social change. Law enables us to have purposive, planned and directed social change. The flexibility of law provides some measure of discretion in law to make it adaptable to social conditions. If the law is rigid and unalterable, it may not respond to changes spontaneously which may lead to resentment and dissatisfaction among the subjects and may even result in violence or revolution. Therefore, some amount of flexibility is inevitable in law.
Points to remember:
- It is well known that law is a dynamic concept, which keeps on changing with time and place. It must change with changes in society.
- Roscoe Pound attributed four major functions of law, namely: Maintenance of law and order in society, To maintain the status quo in society, To ensure maximum freedom of individuals; and To satisfy the basic needs of the people He treats law as a species of social engineering.
- . Law is a body of rules of action or authority determined by governing, and a legally binding force.
- Main functions of law are to protect the right and freedom , to provide a Framework and Rules to Help Settle Disputes Between Individuals, Help Societies to Maintain Order
