The law is an essential part of any society, and its primary purpose is to keep citizens safe and secure. This is achieved by maintaining order in the community, protecting individual rights and freedoms, and providing equal opportunities for all. The law also serves four main functions: establishing rules, maintaining order, resolving disputes, and protecting freedoms and rights. The concept of the functions of law is of utmost importance.
It is necessary to explain the nature 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 what general principles the law should be adjusted or deviated from, and explain the law in the context of regulatory philosophy. This chapter aims to contribute to the development of the comprehensive reasoned scheme of the functions of law. In it, the issues of the social functions of law are distinguished from the question of classifying legal norms into different types of regulations. The chapter analyzes the four main functions of law: preventing undesirable behavior and ensuring desirable behavior, which is fulfilled in criminal law and in tort liability; providing facilities for private agreements between individuals, found in private, criminal and tort law; the provision of services and the redistribution of assets found in legal systems; and resolving unregulated disputes found in courts and courts.
It also addresses the secondary and indirect functions of the law. The secondary functions of law include determining the procedures for changing the law and regulating the functioning of law enforcement bodies. The American democratic system is not always based on simple majority rule. There are certain principles that are so important to the nation that most have agreed not to interfere in these areas. For example, the Bill of Rights was approved because concepts such as freedom of religion, expression, equal treatment, and due process of law were considered so important that even a majority should not be allowed to change them.
Courts play an integral role in maintaining the rule of law, especially when they hear complaints expressed by minority groups or by people who may have minority opinions. Equality before the law is such an essential part of the American system of government that when a majority, whether acting intentionally or not, infringes on the rights of a minority, the Court may find it appropriate to hear both parties to the dispute in court. This site is maintained by the U. S. Administrative Office on behalf of the federal judiciary.
The purpose of this site is to provide information from and about the U. Judiciary. Respecting and supporting the rule of law has great benefits for companies and other stakeholders. They may not reflect the current state of the law and are not intended to provide legal advice, litigation guidance, or comment on any case or pending legislation. Whether or not the law has a role to play in encouraging us to do the right thing, no one doubts its continuing importance in performing its first three functions set out above. All that said, it must be recognized that there are numerous criticisms of the benefits that are supposed to derive from its existence and from observing the rule of law.
The lack of it can occur in both democracies and dictatorships due to negligence or ignorance of it, for example. The rule of law is more likely to deteriorate if a government does not have sufficient corrective mechanisms to restore it. In this sense, it contrasts with autocracy, dictatorship or oligarchy where rulers are above it. Businesses need governments to provide a strong rule of law so that companies can meet their commitments to universal sustainability standards including those set out by The United Nations Global Compact. Wildlife management laws (such as West Virginia's ban on using ferrets for hunting) were first passed in an effort to conserve game that had nearly died out during 19th century. When the rule of law is weak it is more difficult for responsible companies to operate and comply with their legal obligations as well as protect their legal rights. In fact, some believe that evidence for a legal code dates back as far as ancient city Ebla (Tell Mardikh in modern-day Syria).
Governments must have good laws, institutions and processes in place to ensure accountability, stability, equality and access to justice for all. Ultimately this leads to respect for human rights and environment as well as reducing levels corruption and cases violent conflict.
