Ancha Alde No 01

Delta Francisco No 13

Enuce Mitas No 20

Evanice Paulino No 23

Grande 12nd A1/1A

Evaluative work of the English subject

12 October Secondary School

Nampula

2021
Index
Introduction ...................................................................................................................... 3

Definition of Law ............................................................................................................. 4

Function of Law ............................................................................................................... 4

Why is law essential? ....................................................................................................... 4

Advantages and Disadvantages of law ............................................................................. 5

Conclusion ........................................................................................................................ 7

Bibliography ..................................................................................................................... 8
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Introduction

The term “Law‟ denotes different kinds of rules and Principles. Law is an instrument
which regulates human conduct/behavior. Law means Justice, Morality, Reason, Order,
and Righteous from the view point of the society. Law means Statutes, Acts, Rules,
Regulations, Orders, and Ordinances from point of view of legislature. Law means
Rules of court, Decrees, Judgment, Orders of courts, and Injunctions from the point of
view of Judges. Therefore, Law is a broader term which includes Acts, Statutes, Rules,
Regulations, Orders, Ordinances, Justice, Morality, Reason, Righteous, Rules of court,
Decrees, Judgment, Orders of courts, Injunctions, Tort, Jurisprudence, Legal theory, etc.
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Definition of Law

Law is a word that means different things at different times. Black‟s Law Dictionary
says that law is “a body of rules of action or conduct prescribed by controlling
authority, and having binding legal force. That which must be obeyed and followed by
citizens subject to sanctions or legal consequence is a law.” (Black‟s Law Dictionary,
6th ed., s.v. “law.”)

Law is a rule of conduct developed by the government or society on a certain area. The
law follows certain practices and customs to deal with crime, trade, social relations,
property, finance, and more. The law is controlled and enforced by the governing
authority

Function of Law

Law is body of rules which regulates human behaviors and maintains peace and
security in the society. Law punishes criminals and provide justice to the victims. Law
plays important roles in the society. Society could be lame in the absence of law.
Society cannot run smoothly without law. Law is an instrument of social change and
social development. The functions of law can be summarized in the following points:

 To Maintain peace and order in society

 To prohibits unlawful activities
 To punish criminals
 To provide justice
 To protects rights of people
 To maintain peace and security

Why is law essential?

Law is essential in the society. Law is there to guide the society towards happiness
without bloodshed and in peace and harmony. Law helps us to restrain ourselves in
times of great thirst for more money or power. It curbs our greed reminding us that there
is someone or rather something out there ready to punish us if necessary. It helps to
restore the balance in the society and bring justice to the victimized. The greatest thing
about law is that all are equal before it. No man is rich or poor in the eyes of the law. No
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man is more powerful than the other in the eyes of the law. Law helps to regulate the
behaviour of the people. It prevents us from descending into anarchy.

Law is dynamic. It is constantly adapting to the changing times so as to close all the
loopholes that may be left due to human error. Our Preamble states the ideals of
JUSTICE, LIBERTY, SOVEREIGNITY, FRATERNITY and EQUALITY which
constitute the basic foundation of Our Constitution. However, without law these ideals
will be constantly shattered. There will be nothing to protect these ideals.

In a world where „survival of the fittest‟ is prevalent, and looking at the size of human
population we can say only one thing. Law is needed for survival. We cannot go against
each other as it will definitely lead to destruction. Law plants an element of fear which
may prevents in killing of fellow human beings. It gives each one his or her own share,
what they deserve.

Laws tell us what to expect as consequences as a result of our actions. It makes us look
before we leap. It is there to protect and to destroy. It restricts people who get carried
away due to the freedom given to them by the absence of law if this is the case. They
know one abuse of the law will affect them economically, mentally and physically.
Some exceptions may be found but this is applicable for the majority.

Advantages and Disadvantages of law

Advantages of Law

 Uniformity and Certainty

Law provides Uniformity and Certainty to the administration of justice. The same law
has to be applied in all cases. There can be no distinction between one case and another
case if the facts are the same.

 Protection against arbitrary, biased and dishonest decisions

If the administration of Justice is left completely to the individual discretion of a judge,

improper motives and dishonest opinions could affect the distribution of justice. Law as
Fixed Principles of the law of justice avoids the danger of arbitrary, biased and
dishonest decisions.
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 Freedom from errors of individual judgement

The fixed principles of law protect the administration of justice from the errors of
individual judgement. Commenting on this aspect of law, the Greek Philosopher
Aristotle observed that "to seek to be wiser than the law is the very thing which is by
good laws forbidden." This, in other words, means that "law is not always necessarily
wise but on the whole and in the long run it is wiser than those who administer it".

 Reliability

There is another advantage of law is its reliability. It is more reliable than the individual
judgements of the Courts. The human mind is fallible and judges are no exception. The
wisdom of the legislature which represents the wisdom of the people is safer and more
reliable means of protection than the momentary fancy of the individual judge.

Disadvantages of law

Law has not only advantages but also disadvantages. Rigidity of law is one of the
disadvantages of law because an ideal legal system keeps on changing according to the
changing needs of the people.

Conservative nature of law, both the lawyer and judges favour the continuation of the
existing law.

Another defect of law is its undue and needless complexity. It is true that every effort is
made to make law as simple as possible but it is not possible to make every law simple
.That is due to the complex nature of modern society. Lawyers also insist on drawing
fine distinctions on the various points of law. There is lots of hair-splitting. This does
not bring justice nearer but merely helps the clever and the crooked.
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Conclusion

It can be implied by common sense that law helps us to survive as a society and it is
convenient. Convenient is comfortable and humans look for comfort above all things
apart from happiness. Also law helps in getting rid of the social barriers that exist in our
society. Through law we survive yet thrive. Hence law is necessary in a society.
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Bibliography

1. Importance of Law and 4 Reasons Why Do We Need Laws? (impoff.com)

2. Haakonssen, K., „Natural Law and Personhood: Samuel Pufendorf on Social
Explanation‟, Max Weber Lecture Series (European University Institute 2010).
3. Gill, C., Jurisprudence Unit-1: Meaning, Nature and Functions of Law (Oxford
2012)
4. UKEssays. (November 2018). Why do we Need Law in Society. Retrieved from
https://www.ukessays.com/essays/philosophy/why-do-we-need-law-in-the-society-
philosophy-essay.php?vref=1