2. Discuss the functions and purposes of law. PDF

Preview

Summary

These are from past question papers...

Description

Question 2: Discuss the functions and purposes of law. ! Ans: Introduction: The term ‘law’ is defined as various jurists and the aim of law is to regulate the conduct of the people. Whereas the term fact means and includes occurrence or happening or non-happening of events, acts, incidents and accidents. It is what is perceived by the six senses of the human body. It also includes the facts as discovered and intended by Science. The Courts are confronted with both questions of law and questions of fact for decision and hence it is necessary to know the differences between the two. " Nature Characteristics and Purpose of law: # 1. It assumes that law possesses certain features and it possesses them by its very nature, or essence, as law, whenever and wherever it happens to exist. " 2. It purports to guide human behaviour, giving rise to reasons for action. However, law is not the only normative domain in our culture. Morality, religion, social conventions, etiquette and so on, also guide human conduct in many ways which are similar to law." 3. The understanding of the nature of law consists in an explanation of how law differs from these similar normative domains, how it interacts with them, and whether its intelligibility depends on such other normative orders, like morality or social conventions. " 4. The moral content of above norms also bears on their legal validity. As the famous dictum of Saint Augustine has it:’Lex iniusta non est lex’ (unjust law is not law). " Value of Law: " 1. This subject of law has its own intrinsic interest and value because this is a subject of serious research; " 2. The researches in Law contribute to the development of society by having repercussions in the whole legal, political and social school of thoughts. " 3. Law also has na educational value. It helps in the logical analysis of many concepts and its sharpens the logical techniques of the lawyer." 4. By understanding the nature of law, its concepts and distinctions, a lawyer can find out the actual rule of law. It also helps in knowing the language, grammar, the basis of treatment and assumptions upon which the subjects rests. Therefore, some logical training is necessary for a lawyer which he can find from the study of law. " 5. It trains the critical faculties of the mind of the students so that they can dictate fallacies and use accurate legal terminology and expression." 6. It helps a lawyer in his partial work. A lawyer always has to tackle new problems everyday. This he can handle through his knowledge of law which trains his mind to find alternative legal channels of thought. " 7. Law helps the judges and lawyers in ascertaining the true meaning of the laws passed by the legislators. " 8. Professor Dias said that ‘law concerns human thought in relation to social existence’. " Functions and Purposes of Law: " "

The existence of law is very important for an orderly society. If there is no law then a situation of ‘anarchy’ will start prevailing. Individual’s whims and fancies will nominate. There will be total violence, confusion and chaos everywhere. Muscle power, technological power and money power

"

will start ruling the people. injustice, arbitrary decisions can never be counted. It is, therefore, necessary to know the functions and purpose of law clearly. " Since law changes from time to time and place to place and with changes in society, the purpose and function of law cannot be precisely determined. Even then, the jurists have propounded the following functions and purposes of law. # 1. Law maintains law and order in the society and this is primary function of law.For any violation of law, there is the threat of punishment and by this process, law and order is maintained in the society. "

2. Law ensures freedom of an individual in a community, but at the same time such freedom is not unfettered but must adjust with the freedom of other members of the community. " 3. Law maintains an orderly form of society, where individual feel secure. " 4. The existence of law prevents commission of offences and through legal control, it realises the highest good of the society." 5. Law ensures the welfare of the people by disciplining their character and improving their morals. " 6. Law preserves life, liberty, property and reputation of individuals and society. It protects the present and future life. " 7. Law secures justice to individuals and society. " 8. By law, the social benefits and social burdens are fairly distributed among the members of the society. This is called distributive justice. If it is violated by anybody, it applies corrective justice and brings back the distributive justice. " 9. Through procedural rules, law gives equal opportunities to both the parties of a dispute and thus prevents judicial prejudices, bias and abuses. " 10. Law also helps to render justice impartially without fear. " 11. The judgements are fair because law exists and judge’s whims in the judgements are reduced. " 12. Law brings uniformity and certainty, but at the same time it is flexible and changes with changes in society and thus it helps peaceful change of law from time to time. By this flexible process it achieves stability and peaceful life in society."...