Functions of Law chapter 1 eu

National law – EU – Legal system – module 1

Establishing Standards
Laws are developed to set standards in the society. Laws are often created to control activities society deems criminal. A criminal act is one that is so severe that the people expect the state to act on behalf of the people. An eye for an eye is one of the earliest recorded laws from the Hammurabi Code of 1750BC.

Maintaining Order
Maintaining order in the society is also a major function of law. Laws are often promulgated to deter anti-social behaviour. It ensures that civil society will remain in order. Laws are created keeping societal norms and expectations in view. This results in maintaining order when the same laws are applied.

Resolving Disputes
Laws help to resolve disputes. In human affairs, it is almost impossible to avoid disputes completely. It is important that when disputes occur whether they be commercially based or relate to injury, that people can rely on a set of guidelines for the management of any conflict… Under the court system, there is a federal court system and a court system existing in each state. There are other means of resolving disputes which include alternative dispute resolution methods or ADRs.

Protecting Liberties and Rights
Laws often provide a minimum standard of personal freedoms. There are various liberties and rights which are offered by and protected by constitution of United States and that of the constituent states. One major role of law is to ensure that rights and liberties are protected. It stops the government from creating any law which violates freedom of speech right of the citizens. If anyone thinks the right is violated by the government or by anyone else, he or she can go to court to get justice. For example, if John was a black man, human rights law would protect him from discrimination in the workplace. In summary, laws serve many purposes. Although we have discussed only four functions, there are many more.

Williams G and Smith A, Learning The Law

Pound R, An Introduction To The Philosophy Of Law (Yale University Press 2016)

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