The Function of Law


The function of law cannot be summed up in a single word. It has different functions according to different cultures and countries. Here, we briefly discuss the most important functions of law. First, law helps people resolve conflict between their rights and their duties, which are defined in laws. Second, law can resolve disputes between people about facts. This function of law is important even in a society without an official judicial system. Finally, law can be used to enforce and prevent violations of human rights.

The role of law has been a subject of much debate. Some philosophers have argued that law is a coercive institution that enforces practical demands on its subjects by threats or violence. While some legal positivists have assumed that law is normative in this way, others have challenged this stance and deny that coercion is a crucial feature of law. However, it is important to note that legal positivism has a long history of arguing against coercion as an essential feature of law.

Laws are made by the legislature and represent the authority of a specific government. There are two types of law. Public law affects the general public, while private law deals with individual acts. Regardless of the type of law, all human beings are bound by the law. As a result, there are many different types of laws. The law in the United States is made by the federal, state, and local legislatures. This means that laws are created, enforced, and modified frequently.

Another type of law is derived from a constitution. A constitution defines the relationship between a government and its citizens. However, no constitution can protect a country from effective usurpation. Most constitutions recognize a deity and identify constituent authorities. In the United States, constitutional law refers to the status of international law. It is the source of law for many states. It is also the foundation of law in many countries. In conclusion, there is an important role for the Constitution in a country’s society.

Other countries have dual legal systems. In these countries, religious courts govern family matters, while secular courts rule over public and commercial law. In some areas, such as South Africa, the Civil Code of Egypt has significant influence on the legal system. Similarly, Roman-Dutch law, which applied in South Africa, was never codified. Other places have remnants of civil law traditions, including the French territories of New Caledonia and Tahiti. In the United Kingdom, civil law coexists with other legal traditions.

The common law, also called case law, draws on the opinions of previous courts. The decisions of these courts form the basis of new legislation. Such precedents are often called “stare decisis” and refer to previous cases that are based on the same facts. Furthermore, common law is based on detailed records of statutes and situations in the past that serve as the basis for new cases. These records may influence the outcome of a particular case.