Differentiate between the Legal Function and the Social Function of Law

Many jurists and philosophers agree that law and its broader social functions serve to improve human society. The British philosopher Jeremy Bentham (1748-1832) noted that the “greater happiness of the greatest number of people” is the main function of the law. He focused essentially on four functions of the law, which are to promote equality and maintain security, provide abundance, secure livelihoods and produce abundance. The law exists in society only for society. Thus, law and society for the betterment of society, social solidarity, social cohesion, social stability and social order are linked to human values. The law is not only about cohesion and sanctions for the individual. Rather, it is the legal education of society, in which the law is under the facilitated control of individuals and society in order to achieve their own interest and well-being. Laws and legal rules promote social control by resolving conflicts of fundamental values, settling individual disputes, and establishing rules that our leaders must also follow. Kerper (1979) recognized the benefits of the law in promoting social control and identified four main limitations of the law. First, she noted, the law often cannot receive community support without the support of other social institutions. [1] (Consider, for example, Brown v.

Board of Education of Topeka, Kansas, 347 U.S. 483 (1954), which declared racially segregated schools unconstitutional. The decision was largely unpopular in the southern states, and many had decided not to follow the court`s view. In the end, the court had to appeal to the National Guard to enforce its decision that schools must be integrated.) Second, the law itself, with the support of the community, cannot impose certain types of behavior contrary to human nature. Third, legal dispute resolution depends on a complicated and costly investigative process. After all, the law is slowly changing. [2] In modern times, law and society are correlated phenomena. The law aims to protect and promote the rights of individuals, individuals and individuals in society. In a broader sense, a constitution is a law and a legal framework of the country.

A constitution is the supreme law of the land. All laws and regulations of the state are for the people and society. Joseph Raz (1939), a 20th century jurist, pointed out that the consequences of the law are the function of the law, the actual consequences of the law. The German sociologist Rudolf von Jhering (1818-1892) asserted in his book “Law as a Means to an End” (1877) that the main purpose of law is to protect or reconcile the interests of society and to serve them. Basically, the social function of the law deals with primary and secondary objectives. The primary function of law deals with individual behaviour and phenomena and prevents the undesirable behaviour of the individual in society. Many companies offer single sign-on between the company`s website and Oxford Academic. If in the registration area of a journal “Register on the company`s website” is displayed: The ancient Greek philosopher Plato states that the law for maintaining social harmony works. Similarly, another Greek philosopher Aristotle (384-322 BC). J.-C.) emphasizes the distributive and corrective justice of human life. The American philosopher Lon L.

Fuller (1902-1978) believed that the right is the enterprise of subjecting human behavior to the governance of rules. The law is a set of rules that govern the behavior of individuals and society and act as a means of social control to maintain social order and social discipline in society. It controls human behavior and preserves social values and norms. Law is the most powerful and acceptable formal means of social control in a developed and politically organized society. The French political pioneer Jean Jack Rousseau (1712-1778) emphasized maximum individual freedom and freedom for man. He said that man is born free and that later in life he is chained from everywhere. Immanuel Kant (1724-1804) also speaks of individual freedom and freedom. Similarly, the German philosopher Rudolf Stammler (1856-1938) firmly believed in the respect and participation of all with harmony according to the law. “The law does not always protect the individual and leads to beneficial social progress. The law can be used to oppress individuals and restrict their rights.

Respect for the legal system can overshadow the dysfunctional role of the law. Dysfunctional means that the law promotes inequality or serves the interests of a small number of individuals, rather than promoting the well-being of society or impeding the enjoyment of human rights. [3] It regulates criminal and antisocial behavior in society, promotes and prevents institutions, an individual`s legal contracts in society, commercial and commercial activities and much more. The law is a formal means of social control. Society uses laws (rules designed to control the behavior of citizens) so that these behaviors correspond to social norms, cultures, customs, traditions and expectations. Because courts must interpret and apply these rules, laws differ from many other forms of social control. Formal and informal social control has the ability to change behaviour. Informal social control such as social media (including Facebook, Instagram, and Twitter) has a huge impact on what people wear, how they think, how they speak, what people appreciate, and perhaps how they vote. The impact of social media on human behavior cannot be overstated, but because these informal controls are largely unenforceable by the courts because they are not considered laws. The social function of the law compresses and prevents civilization, social values, social interest, social role, social ethics and is responsible for peaceful change and greater morality. The main function of the law is described in relation to the ultimate currency and goal, social control.

The main purpose of the law is to maintain peace, harmony and order. Nepalese society is growing and developing with progress and modernization. In our time, the entire law and legal system is controlled by society. Society is made up of various individual beliefs and thoughts.

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