It is said that it is this element that contains the essence of the norm. Freedman explains the following two ways in which law plays important role in social control: Law creates binding and authoritative values or decisions or rules for all the people of state.
Sovereignty of State is the basis of law and its binding character. Flexibility of law provides some measure of discretion in law to make it adaptable to social conditions.
Law, in the modern sense, is considered not as an end in itself, but is a means to an end. The State converted several moral and religious rules into its laws.
Some activities, for instance, are crimes because society through a legislative body has determined that it will not tolerate certain behaviors that injure or damage persons or their property.
It can be called the Law of the laws in the sense all law-making in the State is done on the basis of powers granted by the Constitutional Law i. It may be argued that the law being an instrument of the state is created and established along with it. In fact, the essence of the legal norms is that members of the society are bound to behave in accordance with the law.
It lays down the relations among the people and their associations, organisations, groups and institutions. Law is a general rule of human behaviour in the state.
It is the responsibility of the courts to interpret and apply laws to specific cases. It is known as Delegated Legislation. It is a command of the State sovereign backed by its coercive power. In practice, however, the legal order provides machinery for the determination of difficult cases.
The works of eminent jurists always include scientific commentaries on the Constitution and the laws of each state.
Statute Law or Ordinary Law: Custom has been one of the oldest sources of law. However, in contemporary times law-making by the legislature constitutes the chief source of Law. It also means a uniform rule of conduct which is applicable equally to all the people of the State.
Law is one of the forms of formal social controls.
Within this community, the superior has a sovereign power to lay down the law. Basu and others have been always held in high esteem by the judges in India. You have probably realized that laws may serve more than one principal function and there are obviously more principal functions than the four that we have identified.
It is also a source of Law. Hence Religion and Morality have also been important sources of Law. Do you share this idea?
What are the relations between legal and non-legal norms? Law, positive morality, and ethics are overlapping circles, which can never entirely coincide, but the hand of person can move them and determine the content that is concerned to all or two or confined to one.
The end is securing of social justice. A purpose and function of the law is to protect these various liberties and rights from violations or unreasonable intrusions by persons, organizations, or government. Do you agree with this?Law: Meaning, Features, Sources and Types of Law! State is sovereign.
Sovereignty is its exclusive and most important element. It is the supreme power of the state over all its people and territories.
The State exercises its sovereign power through its laws. The Government of the State is basically. As the issue of definition of law, there is no agreement among scholars as to the functions of law.
Jurists have expressed different views about the purpose and function of law. It is well known that law is a dynamic concept, which. The law serves many purposes and functions in society. Four principal purposes and functions are establishing standards, maintaining order, resolving disputes, and protecting liberties and rights.
Establishing Standards The law is a guidepost for minimally acceptable behavior in society. Topic: Meaning, Nature and Functions of Law 1. Introduction general principles governing the origin and development of law and also the origin and development of legal conceptions and principles found in the Philosophy of law.
Functions of law.
One function of the law is to protect these various liberties and rights from violations or unreasonable intrusions by persons, organizations, or government. For example, subject to certain exceptions, the First Amendment to the Constitution prohibits the government from making a law that prohibits the freedom of speech.
Six main functions of laws According to Oxford English Dictionary, law is defined as the body of enacted or customary rules recognized by a community as a binding. In short, law may be defined as a body of rules which are enforced by the state.Download