Functions and Purpose of Law

We have already studied about some facts of history of law or origin of law. In this article I am discussing functions and purpose of law. This is very common question asked in subjects like "Legal language and legal writing" and it gets repeated in "Jurisprudence" also.

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Ever since the down of Human civilization, mankind has had some sort of rule or that they used to Govern itself in society laws set the standard in which we should live in if we want to be part of society. Law set up rules and regulations for society so that we can freedom, gives Justice to those who were wronged, and it set up that it protects us from our own Government.

Most importantly the law also provides a mechanism to resolve disputes arising from those duties and rights and allows parties to enforce promises in a court of law. According to Corley and Reed (1986) law is a body of rules of action or conduct Prescribed by controlling authority, and having legal binding forces.

Laws are created because it helps prevent chaos from happening within the business environment and as well as society. In business law sets guide lines regarding employment regulatory, compliance, even inter office regulations.

What is Legal System?

A legal system encompasses a set of legal principles and norms to protect and promote a secure living to its subjects in a cultured society. It recognizes rights, prescribes duties of people and provides the ways and means of enforcing the same. To achieve this particular objective, the legal system considering the sociological, economic and political conditions in the society designs its own goals and evolves a set of principles/rules/laws which help the society to attain its identified goals.

A system connotes a coherent whole. It is animated by a philosophy or ideas which connect its different parts leading to a harmonious working. The corpus of the system is its variable elements. Changes in the laws may result from legislation and judicial decision. But the concepts and methods of the system are its constant elements.

Purpose and Functions of Law:

Here are purposes and functions of law:

(i) Justice and law:

The ultimate purpose of law is justice. Salmond says that law is "the body of principles recognised and applied by the State in administration of justice. Justice consists in giving to every man his own. 

The rule of justice determines the sphere of individual liberty in the pursuit of individual welfare, so as to confine that liberty so delimited for every man by the rule of justice, he is left free to seek his own interest in accordance with the rule of wisdom.

(ii) Stability (Uniformity):

Law must aim at stability of the society. To achieve stability a balance has to be struck not between persons, but between interests. The law has to maximise the fulfillment of the interests of the community and its members and to promote the smooth running on the machinery of the society. Indeed, the motion of the law represents the need of uniformity and certainty to achieve stability. The stability and security which the social order derives from uniform unchanging and certain rules of law.

(iii) Peaceful Change (flexibility or social control):

The existing rules may not provide solution to the cases of changed times and no rule can provide for every possible case. There is need for flexibility. Flexibility is necessary to enable the law to adapt itself to social change. As society alters, new social, political and economic requirements creep in and the needs of the people change from time to time. In progressive society of law has to keep pace with the changing needs of society. Law has to undergo a progressive change if it is to sub-serve the needs of the society which it seeks to govern. In relatively static societies, law can be used as a powerful instrument of social change. Law then induces a new pattern of social behaviour mote conductive to the prosperity of the society.

Role of Law in Society:

Without law our society would be chaotic, uncivilized mess and anarchy would reign supreme. The role that law has in society is that it creates a norm of conducts in the society we live in laws are made to protect its citizen from harm. It set in way that all citizens are given equal opportunity, protection from harm no matter your race, Gender, religion and social standing.

Under the law all its citizens are guarantee equal protections. In society laws are made to promote the common good for everyone. That is sets up Guideline for everyone in society to act in way that brings the Greater Good. Everyone acted without thinking about the Greater Good, society would revert to those days where survival of the fittest was the common sight.

We live in world where we have finite amount of resources should shared or used. Laws are made on how to manage these and how we resolve if issues arise over these resources. If no laws were in place these sources would be controlled by the string and the wealthy.

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