Law has many different functions in society that are important in different ways. Laws can be used for many different rules and vary depending on the country, the time, and the function required by that law. Laws are fluid and do not always remain the same, however, some laws have remained the same for a long time such as murder being illegal. Different laws have different functions, with some deemed more important than others, however, they all play a role in society and ensure that society functions well. This essay will look at different laws, what their functions are, and why they are important to our society today.
In Western society, laws are supposed to show the shared values and beliefs of society (Cotterrell and Cotterrell, 1992). These laws are put in place in order to ensure that society follows these shared beliefs and punishes those that do not follow them. However, different people have different morals and ideas as to what is right and wrong, so the laws may not reflect the ideals of everyone, which can lead to people breaking these laws. The aim is to reflect the ideas of the majority of society, as it is impossible to reflect the ideas of everyone. The idea that laws reflect the ideals of society can be seen by changes in laws, with homosexuality being decriminalized in the Sexual Offences Act (1967) in private between two men over the age of 21 when it was previously against the law, showing how societies views on homosexuality have changed over the years. It is important that the law acts as a reflection of the morals and ideals of the majority of society to maintain a happy and safe place and ensure that citizens know what is acceptable. Lynch (1997) explains that for society to function most people need to follow the laws based on their own convictions instead of out of fear of being punished as they also believe that following these laws is the right and moral thing to do.
Despite Lynch (1997) saying that people shouldn’t follow laws out of fear of being punished, one of the most important functions of law in society is to punish those that have done something that is believed to be wrong or immoral. Hart (2008), explains that for punishment to be justified there needs to be benefits. These benefits may not be for the accused but for the greater good of society. Hart (2008) goes on to explain that the amount of crimes being committed is reducing due to this punishment and therefore the function of the law to punish people is beneficial. For example, if someone is in prison, they are prevented from committing crimes and breaking the law and therefore society should theoretically be safer. The punishment can vary depending on the crime that has been committed, whether the offender has committed a crime before, and the circumstances. One example is one of the ways a drunk driver is punished by the removal of his driving license as his driving is deemed unsafe to others on the roads. The function of the law as a form of punishment is important in order to keep people safe and to show that the law being broken is unacceptable, as well as to prevent people from committing this crime again.
D Hlynka (2015), explains that the Magna Carta was created on the 15th of June 1215, and contained 63 clauses, (most of which were relevant to the time), which were meant to bring about peace. Only three of the clauses of the Magna Carta are still used today, showing that law is fluid and constantly changing. One protects the freedom and rights of the English Church and one confirms the liberties and customs of London and other towns. However, the third and most famous are:
‘No free man shall be seized or imprisoned, or stripped of his rights or possession, or outlawed or exiled. Nor will we proceed with force against him. Except by the lawful judgment of his equals or by the law of the land. To no one we will sell, to no one denies or delay right or justice.’ – The Magna Cart 1215.
This means everyone is allowed the right to a fair trial, something which is still used today. These laws, and many more laws that are now used are for the protection of the rights of the citizens. This includes human rights, which Amnesty International UK (2017) describes as the fundamental rights and freedoms that belong to everyone. In the United Kingdom, the rights are protected by the Human Rights Act (1998), which protects the rights of every citizen and is based on the principles of dignity, fairness, and respect. The Human Rights Act (1998) protects your right to life, the right to freedom, the right to a fair trial, protection against slavery, and much more with the aim to ensure that every citizen is protected and safe. Protecting everyone’s rights is a very important use of law in society today as it protects everyone, especially those who are vulnerable. It is important that human rights are protected as they are the basic rights that everyone is entitled to and required to ensure everyone has their basic needs, including food and water. Without these rights being protected, some people could be taken advantage of.
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The law is not only used in order to protect the people of society but also to protect animals as they are unable to protect themselves. Waldau (2001) explains that animal law has changed over time, with laws about animals originally being focused on the ownership of animals. The development of animal law, with a focus on the protection of animals, is a relatively new field that is growing in popularity, with many laws being passed in order to protect animals. The Animal Welfare Act (2006) was passed in order to help prevent animal abuse, with owners being prosecuted with fines, imprisonment, and being prohibited from owning an animal. This act ensures that animals are not mistreated and if they are the person responsible is punished appropriately. Before the Animal Welfare Act (2006), there were other laws in order to protect animals. This includes the Cock Fighting Act 1952 which made it illegal to have any instruments or appliances used in connection to cock fighting and The Zoo Licensing Act 1981 which regulated zoos therefore protecting the animals that were in the zoos. These laws are crucial as the protection of animals becomes more important to society, with many people advocating for the rights of animals. Charities such as the RSPCA advocate for the rights of animals and the prevention of abuse, showing an increasing interest in protecting animals (RSPCA, 2019). This makes the protection of animals and their rights a very important function of law today.
The function of law is not only important to protect animals but also to protect the environment. The United Kingdom Environmental Law Association (2018) explains that Environmental law is a field of law that focuses on the protection and enhancement of the environment. Environmental law is extremely relevant now, as (Sands, 2012) explains that governments are being called on to implement laws that will tackle the environmental challenges that are being faced. Environmental law covers several factors from litter and planning permission to pollution and wildlife. The use of law to protect the environment is a very important function of law as it covers many areas that are very important to the general public (the United Kingdom Environmental Law Association, 2018). The relevance of environmental law can be seen by the fact that there are over 200 laws focused on the issue of the environment. The Climate Change Act (2008) set out a target to decrease the greenhouse gas emissions of the United Kingdom by 80% by the year 2050. The issue of climate change is becoming more of a concern for the general public, which can be seen in the media coverage with articles such as the ones about Greta Thunberg's activism. An example of this can be seen in the 2019 article in The Guardian which explains how the young girl has encouraged many people to protest against climate change (The Guardian, 2019). Gidding, Hopwood, and O’Brien (2002) explain that environmental issues are a growing issue for society. The law reflects the society which naturally makes environmental law and the protection of the environment a very important function of law today.
Property offenses are also an issue for many people in the United Kingdom with property crime making up 66% of all crimes reported to the police in 2016 (Office for National Statistics, 2016), with this trend being seen in countries all over the world. Property offenses include theft, burglary, fraud, and many other acts with the aim usually being to obtain something such as money or items of value from someone (McGuire, 2004). One function of the laws around the subject is to protect people and their items however, with many people feeling unsafe after some of these offenses an important function of law is to ensure that people feel safe in their homes. It is important to feel safe in your home because that is where most people spend the majority of their time. Laws such as The Theft Act of 1968 ensure that people who commit these crimes are punished and try to deter others from committing these crimes. The function of law to ensure people feel safe, especially in their own homes is very important as it is something everyone has the right to, making it important to society.
The function of law in order to keep people safe extends further than their homes and possessions, with many laws being implemented with the aim to ensure the safety of the public. One of these laws is The Road Safety Act 2006, which focuses on ensuring that the roads are safe which includes punishing offences such as reckless driving and driving under the influence of alcohol or drugs. This is in order to ensure the safety of others as well as the safety of the driver who was also putting himself at risk. The Health and Safety at Work etc Act 1974 was implemented in order to protect people at work and ensure any activities undertaken at work are safe. Without these laws, many people could be working in unsafe conditions. These laws are just some examples of laws that are used in order to keep people safe, showing that a very important function of law in society today is to keep people safe. These laws being implemented are also important as they function as reassurance to society.
Law is also used a lot in society in order to resolve disputes, which could be between two people or between larger companies, or a combination of both. Disputes often need to be resolved when a contract or an element of the contract is broken or disputed with one party feeling as though the other party has not fulfilled the agreed terms. Folberg, Golann, Stippanowich, and Kloppenberg (2016) explain that lawyers are often required to settle disputes, with preferably a favorable outcome for the person they are representing being desirable. Disputes are unavoidable, therefor the court and the law are required as a formal way to resolve these disputes. Many disputes that are brought to lawyers do not go to court, as the lawyer has to evaluate and decide if it is in the best interest of the client to proceed with the case, while others are pursued through informal methods such as complaint hotlines (Folbergm, Golann, Stippanowich and Kloppenberg, 2016). A lot of larger companies or cooperations will often provide a settlement, this is normally financial compensation, in order to avoid having to go to trial, as this can affect their reputation. These cases can often lead to negotiations, and mediation among other things (Gill et al., 1985). Dispute resolution is a very important function of law today due to many different disputes arising and the need for them to be resolved in a safe and neutral manner. This allows people to resolve issues in a controlled manner and ensure that the issue is solved.
Due to people having different behavior and interests, there is a need to control the actions of people to ensure that what is considered socially normal is kept to. There are many forms of social control, both informal and formal, and law is a form of formal social control. Pound (2016) describes the law as a highly specialized form of social control in developed politically organized societies. Fuller (1975) explains that some people believe the law is not used as a social control but in order to facilitate human interaction. The law can often be used as a combination of both ideas. Law is something that is socially constructed and because of this law is naturally used as a form of social control. Social control is an important function of law as it maintains order in society.
This essay explores some of the many different functions of law in society today, with many of the functions of law still not explained in this essay. This is due to the law having different functions depending on where you are and who you ask. Law is used for protection, including the protection of people, possessions, animals, and the environment. Law as a form of protection is very important, especially for people that can not protect themselves. Law is also used as a reflection of the morals and ideas of society; however, this can be difficult as not everyone has the same morals and ideals, which can lead to conflict. One very important function of law in society is the protection of rights. This can be protecting human rights or the rights of animals, with these rights being protected and enforced through many laws. Punishment is another function of law in society as punishment can be used as a deterrent, to prevent others from committing the crime, or to prevent reoffending. The law can be used to resolve disputes in a controlled manner and to ensure the safety of people, including whether they feel safe at home. All the different functions of law work together to make the legal system that we have today. These functions are seen and utilized every day, showing how important law and the different functions of law are to society.
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