function of law

In most modern nations, constitutional law divides the power of the central government among three functional branches. What Is the Function of Law in Business?. What distinguishes law from other Social Sciences is its normative character. The concept of the functions of law is of major importance. 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. Another function of law is that it helps to grant authority in those chosen by the society whether expressly or indirectly. The law achieves this through the instrumentality of the judicial system. In business, the law sets guide lines regarding employment regulatory, compliance, even inter office regulations. Jurists have expressed different views about the purpose and function of law. This raises the question of the relationship of law and Justice in which one theory defines law in terms of justice but from this, it follows that and unjust law cannot exist for if it could then on the promises there would be a fetal cells contradiction. Cromwell thus made no major effort to supersede the common law (Prall, 1966). Furthermore, the Constitution provides in S.40 that there is freedom of association between members of the society. Natural or moral law –  Natural law is based on the principles of right and wrong whereas Moral laws are laws based on the principles of morality. Positive morality – rules set by the non-political superior. The specific processes to be followed by the legislature in enacting laws for the federation are provided for by the Constitution in S.58. Many writers have fallen into the simple trap. Law may be described as a normative science that is a science which Lays down norms and Standards for human behaviour in a specified situation or situation enforceable through the sanction of the state. Roscoe Pound attributed four major functions of law, namely: (1) maintenance of law and order in society; (2) to maintain status quo in society; (3) to ensure maximum freedom of individuals; and (4) to satisfy the basic needs of the people. For example, damage to person or property is considered a crime because it is not tolerated by society. A second means of solving the problem of the relationship of law and justice is to place all the emphasis on law and regard justice as near conformity to law by then we are depriving ourselves of a Criterion which may not be wholly subjective by which we made test the operation of a legal system. Law is the subject-matter of jurisprudence since the latter deals with the study of law. Bentham said that law is a portion of discourse by which expression is given to an extensively applying and permanently in during act or state of the will of a person or person in relation to others and in relation to whom he is or they are in the state of superiority. The end is securing of social justice. Required fields are marked *. Law means Statutes, Acts, Rules, Regulations, Orders, and Ordinances from point of view of the legislature. Small businesses must comply with the … The provision of methods for amending laws goes a long way to end ambiguity as to how the laws should be modified to suit the needs of the society. Having regard to history of development of law, it would be seen that different approaches through doctrinal theories propagated by jurists from time to time has been to project law as an instrument for balancing the rights and duties of the Subjects to exert social control. Another function of law is that it provides methods by which the laws can be modified in order to meet the needs of the changing times. Establishing standards identifies what types of behavior are and are not accepted in society. Imperative law – the command of the sovereign must be general and the observance of law must be enforced by some authority. This means they can re-enact laws and correct anomalies in them. In its most general and comprehensive sense, it means any rule of action and includes any standards or pattern to which actions are or ought to be confirmed. Deliberative Functions: As the law making arm of the government the legislature has the function to deliberate on any matter or law before it comes into effect in the country. Law means Justice, Morality, Reason, Order, and Righteous from the view point of the society. The term “Law’ denotes different kinds of rules and Principles. Law means Justice, Morality, Reason, Order, and Righteous from the view point of the society. For instance, under the Marriage Act, a valid marriage is a union between a man and a woman. According to Holland, the function of law is to ensure the well-being of the society. Laws are created because it helps prevent chaos from happening within the business environment and as well as society. Law is an instrument which regulates human conduct/behavior. By private, it means an individual or a group of individuals. The provisions not only establish them, their specific duties are also provided for. Disclaimer: This document is intended to provide information only. The four functions of law provide a basis for how society would optimally function. International law – rules which regulate the relations between various nations of the world. Physical or scientific law – these are laws of science which are the expression. Thus, unions between couples of the same sex are not recognised in the Nigerian Legal System. Some of these general functions are: The above would be examined one after the other. However, there are also general functions of law in totality. Practical or technical law – rules meant for a particular sphere by human activity. Specific laws are made to achieve a particular objective in the society. Moreover, specific meanings of "function" focus on the appli-cation of the general functional relationship to various separate sys-tems. The English legal system remained a complex system of rules and precedents, interpreted with small shades of meaning and requiring a body of legal expects to deal with it. In public law, State itself is a party involved along with the public at large.. John Austin has classified law as follows : However, according to him, only divine law and human law are proper laws. 2. The law may be defined as the body of principles recognised and applied by the state in the administration of Justice. It must change with changes in the society. For example, the 1999 Constitution establishes the Legislature, Executive and Judiciary in the provisions of SS.4, 5 and 6 respectively. Even Oliver Cromwell and his puritan followers, who overthrew the Stuart kings and established a commonwealth in England between 1648 and 1660, feared the possible destabilizing effects of sweeping changes in the law. Regulates conduct- acts as a deterrent i.e. Copyright © 2015 - 2020 Olamide Olanrewaju, Definition and Regulation of Social Relationships, Identification and Allocation of Official Authority, O Sanni: Introduction To Nigerian Legal Method, Constitution of the Federal Republic of Nigeria 1990. For example, the Criminal Code was enacted to regulate crime in the society, the Company and Allied Matters Act to regulate the formation of companies and so on. It is well known that law is a dynamic concept, which keeps on changing with time and place. Maintaining order is necessary for a civilized society. This site uses Akismet to reduce spam. However, there are also general functions of law in totality. Salmond retains the emphasis on the judicial process but considers that a reference to the purpose of the law is essential. Take for instance, before a bill is passed into law in Nigeria, the legislature must deliberate on the effects of that bill very thoroughly. The term public implies either State, or sovereign part of it. Dispute Settlement and Remedies 4. Purposes and Functions of Law. However some other laws like the Company and Allied Matters Act provide for steps to be taken before a company could be registered as such and is recognised by the law as a distinct legal person. Blackstone defines law as “it signifies a rule of action and is applied indiscriminately to all kinds of action whether animate or inanimate or rational or irrational. Notify me by email when the comment gets approved. The method of dispute resolution adopted by the society depends on its size and complexity. The function of law is that of social engineering and this perception has been accepted by all the civilized countries of the world including India. Your email address will not be published. These legal experts had to save long apprenticeships to become familiar with the vast number of cases and precedents that would govern their decisions.

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