According to Holland, the function of the 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. However, Krabbe and Duguit deny that the state creates justice. Once we postulate that the law is created by a source other than the state, it is easy to see how the state can be related. According to Krabbe, the source of law is the subjective sense of justice in the community. He asserts that any law that contradicts the right of the majority is not a law. The legislative, executive and judicial powers are subordinate instruments through which the Community expresses its sense of values. Laws and legal rules promote social control by resolving fundamental conflicts of values, settling individual disputes, and establishing rules for our leaders to follow. Kerper (1979) recognized the benefits of the law in promoting social control and identified four main limitations of the law.
First, she noted, the law often cannot receive community support without the support of other social institutions. [1] (Consider, for example, Brown v. Board of Education of Topeka, Kansas, 347 U.S. 483 (1954), which declared racially segregated schools unconstitutional. The decision was widely unpopular in the southern states, and many had decided not to follow the court`s ruling. In the end, the court had to call in the National Guard to enforce its ruling that schools must be integrated.) Second, even with community support, the law cannot impose certain behaviors that are contrary to human nature. Third, the resolution of disputes by law depends on a complicated and costly factual procedure. After all, the law is slowly changing.
[2] Roscoe Pound attributes 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 U.S. Constitution has created a framework that can be followed to create new laws. The Constitution is also responsible for extending the protection of human rights. Even the framework within which we elect our political representatives is a gift from the Constitution. The law has been defined as “a set of rules of action or conduct prescribed by a supervisory authority and having binding legal force. What is followed and must be followed by citizens subject to sanctions or legal consequences is a law. [1] Therefore, it is safe to say that without the existence of a strong legal system effectively enforced within society, society cannot function, let alone prosper. A strong legal system serves as the foundation for a happy and healthy society. [4] 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. Anarchy can prevail fairly quickly if there is no law.Societies are capable of taking an uncivilized turn when there are no legal consequences for people`s actions. Here are some basic functions that law performs in a society: Lippman (2015) also noted that law does not always achieve its goals of social control, dispute resolution, and social change, but can harm society. He calls this “law dysfunction.” The constitutions and laws of the United States and its states provide for various freedoms and rights. One of the functions of the Act is to protect these various rights and freedoms from harm or undue interference by individuals, organizations or governments. For example, the First Amendment to the Constitution, subject to certain exceptions, prohibits the government from enacting a law banning free speech. Someone who believes their right to freedom of expression has been banned by the government can appeal by taking the case to court. [7] In a society like the United States, the law shapes everyday life in many ways and is reflected in many areas of law. For example, contract law regulates agreements on the exchange of goods, services, or other valuables, so it covers everything from buying a bus ticket to trading options on a futures market. Property law defines the rights and obligations of persons with respect to tangible property, including immovable property (i.e. immovable property, such as land or buildings) and their other property (i.e. personal property such as clothing, books, vehicles, etc.) and intangible property such as bank accounts and shares. Tort law provides for compensation if a person or their property is injured, whether in a car accident or by defamation.
These are areas of civil law that deal with disputes between individuals. Crimes against a federal, state, or local community itself are subject to criminal law, which requires the government to punish the offender. 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. What is the state? The normal characteristics of a state are a fixed territory, a population and a power of power that are not derived from another state. Kantorowicz defines the state as a legal person with the right to impose its will on the inhabitants of a certain territory, whose right cannot be withdrawn by law without its own consent.
