The functions of Law are diverse. They include resolving disputes over facts, setting standards for desirable behavior, and proclaiming symbolic expressions of communal values. Yet, these functions have little to do with the coercive aspect of the law and its sanction-imposing functions. Let’s discuss some of the most important functions of law. How do they differ? Let’s look at each one separately. The functions of law vary from one culture to another.
Normativity
The debate about normativity in law is not new. Normativity has been a key theme in legal thought for centuries. Many authors have explored the question from different perspectives. Some see normativity as a purely legal phenomenon, while others see it as moral or prudential. The following discussion will address each of these perspectives. But is it the only view? And, if so, how does it relate to the other two?
A central concern of normative legal theory is the logical validity of the legal rules themselves. We’ve looked at the exemplars of three major normative traditions, including deontologists, consequentialists, and hedonistic utilitarians. Each tradition emphasizes different aspects of legal normativity, and there’s no single view of the importance of these distinctions. In this article, we’ll explore how legal normativity works in various disciplines, and discuss its relevance to jurisprudence.
Functions
The basic functions of law are to keep order, to prevent unwelcome associations, and to regulate the behavior of individual members of society. These functions are also covered in the secondary functions of law, such as regulating the operation of law-applying organs. The chapter concludes by examining the classification of law according to H.L.A. Hart. It is important to understand how law affects human behavior and the way it works to promote a better society.
The micro functions of law include defining acceptable behavior and consequences for certain forms of conduct. The law also establishes processes for transactions of business and other activities. It gives state agents the authority to act against citizens, helps prevent abuse of power, and prescribes proper procedures for use of the law. Although these functions may seem relatively unimportant, they are nonetheless essential to the overall functioning of the legal system. In other words, the law aims to improve human well-being.
Theories
There are a variety of theoretical approaches to law. Sociological approaches to law incorporate empirical insights to critique a wide range of theories of law. Specifically, they explore artifact legal theory, the disembedding of legal systems, the false social efficacy thesis, and the relationship between empiricism and analytical jurisprudence. Ultimately, this book provides a theoretically informed account of the nature of law as a social institution.
The von Savigny school of law is a critique of the natural theory of law and its tendency to prevent radical reforms. This school argues that adherence to customs can lead to unjust and unsustainable outcomes for individuals, communities, and nations. For example, aristocratic institutions such as slavery and absolute monarchies should not be justified by a dogmatic view of law. Rather, these systems should be challenged.
Interpretation
Legal interpretation is the process of determining the meaning of a written document. It is fundamental to the process of law, and occurs whenever a document’s meaning needs to be ascertained. Judges and lawyers employ various interpretive approaches and rules of construction to find the intended meaning of the text. This process can become highly contentious in many areas of law, such as constitutional law. This article provides an overview of the process of legal interpretation.
Generally, a judicial organization of the process of interpretation is required to preserve unity in interpretation. Without an effective interpretation procedure, judges and juries are more likely to act arbitrarily. Similarly, improper organizational practices may lead to peculiar developments of anarchy in interpretative practice. In Poland, for example, the legislator has attempted to organize the process of law interpretation by granting greater binding power to judicial decisions in interpretative disputes. Furthermore, some courts have granted abstract interpretation rights to legal provisions.