5 Functions of Law

• 5 Functions of Law:

  1. Establish Rules of Conduct 
  2. Provide a System of Enforcement 
  3. Protect Rights & Freedoms 
  4. Protect Society 
  5. Resolve Disputes
• Establish Rules of Conduct:

  • Laws outline guidelines for individuals living with others in society to reduce conflicts between them
  • If there’s were no rules, the resulting chaos would be a danger to everyone 
  • EX:1: Traffic laws dictate speed limits and proper signaling at intersections to minimize road-related fatalities 
  • EX: Business regulations outline ethical standards and fair trade practice to ensure employees are treated fairly
  • EX: Environmental laws establish guidelines for waste disposal and pollution control to ensure the preservation of our world
• Provide a System of Enforcement:

  • Laws must be enforceable to hold any sorts of significance/meaning in our society
  • Police & the Courts oversee the operation of laws  
  • EX: Police officers enforce criminal laws by patrolling and apprehending offenders.
  • EX: Child and Family Services Agencies and the police enforce laws to protect children from abuses
  • EX: Tax authorities enforce tax laws through a number of penalties, ensuring that everyone contributes to support public services
• Protect Rights & Freedoms: 

  • In a free and democratic society, Laws protect the rights and freedoms of its respective members
  • Basic rights/freedoms cannot be limited unless there is a solid legal basis in which its restriction will take place 
  • EX: Constitutional rights, such as freedom of speech and religion, are protected by laws and court decisions
  • EX: Anti-discrimination laws protect individuals from unfair treatment based on race, gender, or other characteristics
  • EX: Privacy laws protect individuals from unauthorized access to personal information
• Protect Society: 

  • Criminal & Civil law exist to protect individuals from being harmed or taken advantage of
  • Criminal Laws:
  • The prevention of causing harm, or having the potential to cause harm to other persons in relation to the individual
  • Civil Law:
  • The regulation of harm in relation to non-criminal rights and the duties of persons
  • EX: Criminal laws punish actions like theft and assault, promoting public safety
  • EX: Public health laws regulate food safety standards to prevent the spread of diseases
  • EX: National defense laws protect a country from external threats, ensuring its security
• Resolve Disputes:

  • Laws help create order and ensure that disagreements are solved fairly  
  • An important function of law is to settle conflicts
  • Disputes can be settled through negotiation or through the court of systems
  • EX: An individual entering someone’s property without explicit permission from the owner may  be sued for trespass 
  • EX:  In the event of a car accident, certain traffic laws exist in which one person may be held responsible for causing said accident and face consequences 
  • EX: Family law courts help resolve issues such as divorce, custody, and spousal support.