Have you ever asked yourself why we need law? Well, this is the question we seek to answer through this article. Many people have an idea why law exists but don’t really know what its function is. It’s however worth noting that there is no agreement among scholars of law on what the precise function of law is, and in most cases, it’s down to an individual lawyer’s argument and the context in which the law is being applied.
Let’s take a look at what we feel are the 3 main functions of law.
#1 It’s a means of social control
Societies are composed of different individuals with different interests, social values, as well as behaviors. If there didn’t exist a way to keep all these in check then there would be anarchy. This is therefore why law exists so that it can dictate what can be considered as socially acceptable among the members of respective societies. Each society will then agree on codes of conduct acceptable to them and those that can be sanctioned.
#2 It’s a means of dispute settlement
In a society where differences exist, it’s impossible to avoid disputes. Having laws in place help in guiding dispute resolution processes by laying down procedures that ought to be followed in order to ensure each party involved in the dispute gets equal and fair treatment.
#3 It’s a means to influencesocial change
Social change can’t take place if there are no laws to drive the process, this therefore means that law helps in ensuring planned and purposive social change. This is precisely why law is meant to be flexible so that it can provide and element of discretion by adapting to the prevailing social conditions.
There you have it. We trust that this has been helpful in helping you understand why law exists.