FUNCTIONS AND PURPOSE OF LAW

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NATURE OF LAW
 This question has occupied center stage
Jurisprudence and philosophy of law in the modern
era, and has been the central occupation of
contemporary analytic Jurisprudence. This entry in
the legal theory Lexicon aims to give an overview of
the “what is law” debate.
 Historically, the answer to the question, “what is
Law” is thought to have two competing answers. The
classical answer is provided by natural law theory,

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CONTINUED…..
 which is frequently characterized as asserting that
there is an essential relationship between law and
morality and Justice.
 The modern answer is provided by legal
positivism, which as developed by John Austin,
asserted that law is the command of the sovereign
backed by the threat of punishment.

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CONTINUED…..
 Contemporary debates over the nature of law
focus on a revised set of positions legal
positivism is represented by Analytical legal
positivists, like H.L.A Hart Joseph raza and Jules
Coleman.

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CONTINUED…..
 The natural law tradition is defined by John Punis and a
new position, interpretivism is represented by the work
of the late Ronald Dworkin.
 In some ways, the title of this lexicon entry is misleading
because of focus on the “what is law” question as it has
been approached by contemporary legal philosophers.
 There are other important perspectives on the nature of
law that focus on law’s functions rather than the
meaning of the concept for criteria of legal validity.

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 FUNCTION OF LAW
 Laws provide a framework and rules to help
resolve disputes between individuals. Laws create
a system where individuals can bring their
disputes before an impartial fact-finder, such as a
judge or jury.

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CONTINUED……
 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.

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FUNCTIONS AND PURPOSE OF LAW

 Ever since the down of Human civilization, mankind

has had some sort of rule or that they used to Govern
itself in society laws set the standard in which we
should live in if we want to be part of society. 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.
 Most importantly the law also provides a mechanism
to resolve disputes arising from those duties and
rights and allows parties to enforce promises in a
court of law (Corley and Reed 1986 P.A)
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CONTINUED..
 According to Corley and Reed (1986) law is a
body of rules of action or conduct Prescribed by
controlling authority, and having legal binding
forces.
 Laws are created because it helps prevent chaos
from happening within the business environment
and as well as society.

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CONTINUED……
 Functions of law is often understood to refer to a
legal order's capacity to achieve the realization of
certain no juridical purposes such as :
 The provision of a cadre within which men might
more easily and freely develop their human
personality ;
 The ordering of society ;

 The establishment of conditions facilitating the

satisfaction of men's individual and collective
needs, e.g. the provision of -social justice, of
welfare, etc ., etc. 10
CONTINUED….
 There are six (6) main functions of laws in a country.

 They are to keep the peace in a country, shaping moral standards, promoting

social justice, facilitating orderly change, providing a basis for compromise

and lastly to help in facilitating a plan.

 There are two (2) types of law. One is the written law which is the most

important source of law and which is enacted by certain bodies and second

law is the unwritten law.

 It does not mean that the unwritten law is not written. Basically it refers to

those laws which are not enacted by the legislature and which are not found

in the written Federal and States Constitution.

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CONTINUED…..
 these functions and purposes tan, as such, shed no
light whatsoever on the nature of law as distinct
from that of economics., -morals, industrial
development, etc.
 And if it be true that law, morals, economies,-etc
.,all of them alike and equally serve to introduce
order to human society, - enhance possibilities for
the free development of human beings, and such
like, then that which essentially distinguishes law
fronf morals, economics, etc., is to be found only in
the mode in which law serves these purpqses :
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PURPOSE OF LAW
 The law serves many purposes.
 Four principal ones are establishing standards, 1.
maintaining order,
 2.resolving disputes, and
 Protecting…… liberties and
 rights.

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CONTINUED….
 the mode in which' law serves these purposes is
no other than the juridical mode. The mode in
which law serves these purposes ten, i,- not
determined by the purposes themselves In other
words, the juridical mode must be recognized in
its own proper normative character, if it is to
contribute in its way to the realization of the
purposes mentioned, and if it is to fulfill its
functions in societal life.'
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 In other words, legal philosophy may never function in
abstraction, or isolation, from the various areas of
positive law or it will degenerate into some sterile form
of KBegriffsjurisprudenz» while the several areas of
specialization within jurisprudence may not divorce
themselves from legal-- philosophy if they are not to
devolve into merely technical and uncritical disciplines .
Already Kant observes that a purely empirical theory of
law resembles the theatrical mask o£ the Phaedrusfable :
it may be very nice ; just too bad that it is brainless .

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ROLE OF LAW
 Role of law in Business
 Role of law in Society

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ROLE OF LAW IN BUSINESS
 The rule of law plays an important role in the business
world when set setting a business it is the laws that
determine what type of business it is to became, and the
structure is to be formed.
 Also the law sets up a reasonable expectation on how the
business should operate in order to protect the business
owner’s interest of the Customer of that business. The
rule of law not only allows people to understand what is
expected of them in their personal capacities but also set
forth rules for business so that they, too know what is
expected of them in their dealing and transactions
( Johnson & Lalu 2014)
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CONTINUED…
 the law protects those who work for a business. it
sets Guideline of how treat your employees, equal
opportunities, pay scale, hours, breaks, benefits and
long with a host of other right privileges. In short
the laws for business create an honest environment
where consumers and business owners interest can
be protected and we have ways to solve of any
disputes arise. If these laws are in any ways are
violated it sets up Guidelines for punishment.

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ROLE OF LAW IN SOCIETY
Without law our society would be chaotic, uncivilized mess and anarchy
would reign supreme.

 The role that law has in society is that it creates a norm of conducts in
the society we live in laws are made to protect its citizen from harm. It
set in way that all citizens are given equal opportunity, protection
from harm no matter your race, Gender, religion and social standing.

 Under the law all its citizens are guarantee equal protections. In
society laws are made to promote the common good for everyone.
That is sets up Guideline
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CONTINUED……
 for everyone in society to act in way that brings the
Greater Good. Everyone acted without thinking about
the Greater Good, society would revert to those days
where survival of the fittest was the common sight.
 We live in world where we have finite amount of
resources should shared or used. Laws are made on how
to manage these and how we resolve if issues arise over
these resources. If know laws were in place these
sources would be controlled by the string and the
wealthy.

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