1.0 Introduction The general definition of law is a set of rules which is used to govern the society to ensure the harmony of the society. Benjamin Nathan Cardozo and Oliver Wendell Holmes, Jr.Cardozo define law as “a principle or rule of conduct so established as to justify a prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged.”[ Law and Society : Readings on The Social Study of Law by Stewart Macaulay, Lawrence M.Friedman, and John Stookey (Editors). New York: W.W Norton & Company, 1995. 912pp. Vol.7 No.6 (June 1997) pp.281-291.] Law, from laymen’s perspectives would likely be just some rules that they should obey in order to avoid any punishments given by the authority but others who have the knowledge in law will have a wider interpretation of the usage of law in society. As for Donald Black, he is of the opinion that law is an essentially governmental social control. He stated that law is “the normative live of a state and its citizens, such as legislation, litigation and adjudication” while Max Weber also stated that law is an order which is used to control the society in physical or psychological ways[ Max Weber, "The Protestant Ethic and the Spirit of Capitalism"]. 2.0 The functions of law in society Law is used to control the action of the people by physical means through the enforcement of punishments whereas awareness given to individuals of the society about the impact of a particular wrongful
Rules and regulations govern almost every public activity in the United Sates. These are laws created and enforced by legal authorities to safeguard order, justice, and security in society. Laws help mediate the relationship people and groups have with one another, and outlines a general code of conduct, defining what good law-abiding citizens ought to do, according to society. Laws are universally applicable, and carry with them certain punishments and restrictions for violations or misuse. In places where laws either do not exist or are minimally enforced, then insecurity and chaos are the norm. Despite the benefits of laws, there are instances when they fail to advocate equally for all members of its society. These are unjust laws,
What is law? Law is a system of rules used to govern a society and control the behaviors of its members. In this case, Martin Luther King is charged for breaking a law. King questions the differences between just and unjust laws to justify his actions in Birmingham and the charges of breaking laws willingly. Defending his willingness to break laws, King argues, “How can you advocate breaking laws and obeying other?” He answers to accusation of his willingness to break laws with a well-written argument of what is just and unjust laws. Martin Luther King uses the definition, the categories, and the implication of the law excellently to answer the charges of breaking laws willingly.
The word law is defined as a system of principles and regulations of ethics and rules in order to keep people and also things in line, a set of rules of conduct. There are many functions of law in business and in society. Without the functions of laws many companies, etc. could and would not survive. Law is very valuable within businesses. Businesses have to have law because it is used as a protective shield for the companies. Without laws, companies could have lawsuits placed on them. So laws are put into place to help avoid as many lawsuits as possible. A majority of
The rule of law is whereby the government and all those who govern are bound by the law and everyone must follow the law. Rule of law is also known as nomocracy. Government individual officials are not entitled to make any decision which is not in accordance to the law (Paulsen, Calabresi, McConnell & Bray, 2013). All the citizens are governed by the law including those who make the laws. A. V. Dicey has highly advocated for rule of law in modern times and has popularized it. In history the idea of rule of law can be traced back to the ancient civilizations like China, Mesopotamia, and Rome among others.
The social constructs of law relate it to be something of complexity, where one’s rights and protections are imagined to be difficult to find. The law is an historic and modern aspect of the world, ensuring uniformity. It is important for the law to become not only a creator, but also a product of its environment. For society to accept the law and for its effectiveness, it must be made in ways reflect societal values.
Law is a system of rules that are enforced by credible institutions to maintain societal order. This usually happens through the legislative process. The law can take different forms such as binding precedents and contracts. Each individual in society is not immune to the rule of law. A law can be defined as just or unjust. Many believe a just law is a mirror of moral law, which enhances or secures the freedom of the individual. An unjust law takes away freedom, causes harm, and enhances chaos. According to St. Augustine, “an unjust law is no law at all.” Both Socrates and Martin Luther King Jr. were victims of unjust laws. Both men believed that concept of civil disobedience can counteract unjust laws. However, Socrates and Martin Luther King Jr. differ in their execution of civil disobedience.
Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions.
It is generally agreed that laws are necessary for the safety and functioning of a community. A good citizen is often defined as one who shows obedience to the laws cast on him by a governing body that is constructed to benefit those residing in that inhabitance. For most people, laws are followed because they perceive them as legitimate and just, and, even if they don’t agree with them morally, they accept the laws as necessary for the good of the community as a whole. Additionally, they consider themselves active participants in democracy and the lawmaking process. Therefore, laws are legitimized by the approval of the people that the laws were implemented to protect them, through their direct and indirect participation in the lawmaking process.
In his book on ?The Behavior of Law? Donald Black attempts to describe and explain the conduct of law as a social phenomenon. His theory of law does not consider the purpose, value, impact of law, neither proposes any kind of solutions, guidance or judgment; it plainly ponders on the behavior of law. The author grounds his theory purely on sociology and excludes the psychology of the individual from his assumptions on the behavior of law (Black 7). The theory of law comes to the same outcome as other theories scrutinizing the legal environment, such as deprivation theory or criminal theory; however, the former concentrates on the patterns of behavior of law, not involving the
Law can be defined as the written agreement that a society agrees upon this dictates appropriate and acceptable conduct and behaviour we display toward each other. Law is the foundation of the society it can only work if the society abides by it and work to maintain its existence, this will help solve any problems and crimes.
If someone were to ask me, "What has the government done for you today?" I would most likely say nothing, but as I researched I have looked back on my past and my present. I have realized realized that through the years I have really noticed that laws do hold a foundation on my everyday life as well as others. Laws are principles and regulations that are established under the authority of the state and/or the nation. They help to form the foundation for a country that protects and provides for its citizens.
Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.
According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.” Essentially law is the rules and regulations that aid in governing conduct,
Law is the expression of the will of the society. Its virtue or vice depends on the social conscience at a given time. A bad law is a manifestation of an aberration in a body politic of the conscience of the society.