Functions of Law: Meaning & Scope

Till date, experts have had difficulty coming up with one definition of law that would encompass its entire field. However, there are numerous definitions of law that are praised for being the most inclusive of the subject's general scope for the time and conditions in which they were offered. Numerous hypotheses have been developed in an effort to define or comprehend the meaning of the law. Various jurists have offered and endorsed a number of legal theories. Below, a handful of them are covered in further detail −

Natural Theory

According to the natural law view, ethics, morality, and the capacity to determine whether an action is right or wrong are something that nature provides us with rather than something that is created by humans. It contends that morality is a trait that humans are born with and that they are not required to strive to develop morality. Thus, rather than via the force of society or civilizations, laws were created based on this intrinsic capacity to discern between right and wrong. According to this theory, law originated in the natural world. It is the earliest notion that dates back to cultures like ancient Greece and aims to comprehend the meaning and genesis of law.

Great thinkers, including Socrates, Plato, and Aristotle held this thesis to be accurate. Many contemporary legal thinkers, including Hobbes, Rousseau, and John Locke, are known to be in favor of the natural theory of law. The natural theory of law is a tenable explanation for how laws came to be, where they came from, and the primary motivations behind their creation. But since everyone has different morals and ethics, there are subjective differences in the laws. As a result, it is unable to explain the law as it currently exists, i.e., as a set of laws and regulations that differ from region to region but are generally followed.

Positivist Theory

This view, like many others, focuses on what is already the law rather than what ought to be the case. Many legal professionals, including Salmond and Kelsen, firmly believe in this theory, which was created by John Austin and Jeremy Bentham. The analytical school of thought is followed by the positive theory of law, commonly known as legal positivism. It postulates that “A sovereign's command that is supported by sanctions is called a law.”

First of all, in contrast to the natural theory of law, legal positivism attributes the creation of law to people. It implies that laws are simply orders issued by a sovereign. The laws of nature have no bearing on their legitimacy. Regardless of one's personal beliefs, ethical standards, or judgments, one should abide by these commands. This theory considers the political organization of a location or community where people have been granted more political power to govern those below them, the general population, because these instructions are believed to have been given by a sovereign.

According to this theory, politics is very important in the creation of laws. If these directives, or laws, are not followed, appropriate penalties are also given. By making deviations or infractions subject to sacredness, this further secures adherence to the aforementioned orders, maintains the viability of laws, and prevents social unrest.

The customary nature of law is described by the theory's highly precise and simple definition of law. It makes no mention of what the law may or ought to be. It adheres to its analytical methodology and examines the law's structure, the observable aspect of law that is simple to relate to and comprehend. However, law predates the development of governments and sovereigns. As a result, its theory is inadequate in that regard. This argument has also been criticized for being overly simplistic when it comes to the sovereign's authority to decide whether a law is valid. Many laws are regarded as lawful because they uphold natural justice or are in line with public policy. Similar to this, people often follow the law in order to benefit from rewards and benefits, develop good habits, gain acceptability in society, or merely out of respect for the law.

Thus, individuals obey the law for a variety of reasons besides holiness. Karl Llewellyn, Oliver Holmes, and Chipman Gray established this legal doctrine. Other accepted legal theories are disregarded by this idea. This idea addresses how the law actually operates. This theory contends that laws made by the legislative branch have no value unless they have practical application. This theory defines laws as only those that apply in real-world situations.

As a result, laws are actually decisions made by the judiciary, not by legislation. According to this notion, the judiciary, not the legislature, is credited with creating laws. In plain English, it says that laws are the result of judges' decisions based on social, economic, and cultural factors.

Functions of the Law in the Society

It includes −

Upholding of societal law and order

Laws are rules that establish a code of conduct and govern behavior in order to maintain order. They are intended for territory residents to follow. Laws are also in charge of maintaining a nation's peace. A significantly diversified population can be found in many nations. Conflicts would result if the same legislation were imposed to the entire population, notwithstanding their diversity, divergent needs, and divergent viewpoints. As a result, laws are created to address the requirements of various segments of society and contribute to national security. For instance, the constitution of a secular nation like India leaves certain topics, like marriage, to the people's individual religions.

They are known as personal laws. safeguarding fundamental rights. Any law that does not contribute to securing and defending human rights would be useless. The purpose of law is to uphold order and benefit society. They are composed to satisfy readers' wants and passions. Crimes are punished by the law to ensure that the public's fundamental rights are upheld and to further establish an example for security. Thus, one of law's most essential roles is to uphold and defend human rights.

Controlling & Regulating Political Systems

Politics and the law are clearly related. Making laws that serve the needs of the people is one of the main duties of the government.

Conclusion

A uniform set of rules to be followed is just one of the many roles played by law. All of the law's duties may be linked back to its ability to create order and inform people of the proper course of action to take.

Frequently Asked Questions

Q1. How does the law help in the regulation of human relations?

Ans. The law also applies to human connections such as contracts, agreements, families, and weddings. The law serves as a check on people's interactions and behavior. As a result, it automatically affects interpersonal relationships by prohibiting inappropriate behavior, such as adultery. It is also in charge of defining the proper way to enter into legal relationships, as well as their legitimacy and legality. Cases involving marriage, like divorces, must be recorded and sanctioned by the law in order to be valid. Thus, the law is in charge of governing how people interact with one another.

Q2. How does law help in international relations?

Ans. Law also governs human relationships such as marriages, families, and business contracts. The law acts as a check on how people behave and interact. As a result, by forbidding inappropriate behavior like adultery, it naturally has an impact on interpersonal relationships. The right way to join into legal relationships, as well as their legitimacy and legality, are likewise defined by them. Marriage-related cases, like divorces, must be documented and approved by the law to be valid. Therefore, regulating how people interact with one another is the responsibility of the law.

Q3. How does the law help in regulating economic activities?

Ans. Law also establishes the guidelines and requirements that must be adhered to when engaging in economic activities, including buying, selling, trading, working, and investing. For commercial agreements and dealings to be legitimate and legal, the law is required. Sales taxes, income taxes, GST, and customs laws are just a few of the laws that generate money for the government that is then used to fund investments in the country's growth. Law must therefore govern the economic sector and its associates in order to protect ordinances.