what is law essay

what is law essay

The Importance of Law in Society

1. Introduction

But in order to understand political power, we must first understand the state of nature that a man lives in, as this is the base for Locke’s inquiry on the extent of civil government.

With every generation having to give consent on who is to govern and how the people are to be governed, present questions arise. But in more instances, it is the cases of hardship and disorders that bring about the seeking resolve [to find a leader]. A statement often said is that if it weren’t for home invasions and mischievous people from abroad, there would be much left desired from the lives of men who have sought Graeco-Roman tendencies. This statement could not be any truer because without leaders to plan or delegations to heed, there would be no need for political power to sway who is governed or in governance of what the people are to be governed, so that the will of the people wouldn’t be disfigured in either form.

In preparation for writing an essay on the grounds of understanding political power and the original and extent of civil government, we must first understand the cause of the inquiry into such topics. This cause is based around the confusion that the people have regarding powerlessness and power in political society. These are things so great and involving that people feel the need to have them in their everyday lives, yet they do not understand nor appreciate them in the correct fashion.

Set up

An essay concerning the true original, extent, and end of Civil Government; by John Locke

2. Role of Law in Establishing Order

In a society, order is dynamic, ranging from the status quo to an ideal situation. Humans are rational and free, and use their freedom to better their status. This often causes a type of social change and likely conflict with the established system and rules of the status quo. Law has a complex role in social engineering to increase the chance of achieving a specific social order, and it requires a balancing act of rights. Law often has been used in the promotion of individual and collective rights, with statutes and laws being a fundamental building block for change to a better status. Despite the imposing presence of periodic change, the role of law is most pronounced in times of radical change or perceived disorder in the status quo. It is an instrument of social control and a mechanism for dispute resolution, and it is often used with increased fervor in an attempt to shape the direction of change to a desired situation. This is in stark contrast to the use of law as a mechanism of oppression by specific groups to maintain an unfair status quo.

Contemporary societies have experienced monumental changes in the structure of communities, with many having a tendency to move from rural dwelling to urban or city living. With the advancements of technology and heavy influence of the media-driven information age, countries like the US are becoming one large society through the idea of a global community. This has several implications on the order commonly associated with law. A society open to free market capitalism, with a growing dependence on information and intellectual property, has created a specific environment for competing interests and enhanced a need to protect the rights of individuals and businesses.

In a society where lives are full of chaos and uncertainties that are threats to the well-being of human beings, it is paramount to understand the elements and reasons behind what establishes a secure community or nation. What is relatively distinguishable concerning about the United States is a society of multi-ethnic and diverse backgrounds. Community and society are often used interchangeably but have different meanings. The community is a locality or a geographic location, whereas society is a network of people who interact within a certain boundary while performing a variety of shared activities. When considering the establishment of order in terms of law, society consists of a diverse population of people with a common interest or goal. Order is the established system of social rules regulating behavior to maintain safety and social justice for the larger, often national, community and society.

3. Protection of Individual Rights

Individual rights are a crucial aspect of modern democratic societies, designed to protect people from unwarranted government infringement into areas such as freedom of speech, freedom of religion, and freedom of association. Modern democratic societies have legislated a vast body of law which seeks to protect the rights of individuals. These laws vary from country to country but the general principles that underpin these laws are: that individuals should be free to exercise their rights, that they should not be denied the opportunity to exercise these rights, and that there should be no discrimination on any grounds in the exercise of these rights. This body of law is a reflection of the belief held by modern democratic societies that individuals have rights that the state and its officials are under a duty to respect and uphold. Laws which protect individual rights are typically enforced by the various methods otherwise known as the general processes of law, which include: the application of the law to specific cases, the adjudication of disputes on the law, and the interpretation of law. The nature of the protection of individual rights has changed significantly over the past half century with the expansion of human rights bodies and the codification of human rights issues into enforceable laws. The protection of individual rights is more a more direct and compelling issue now than at any other time in history.

4. Law as a Tool for Social Change

Changes can also be made to the operation of a law. Such changes would more than likely occur through political pressure. This is especially true of changes to statutory law. Law created by parliament is law that reflects the values of the majority of those in power at the time of its creation. Law is a tool of the government, and it is possible for governments to use law to affect the change of the values or principles held by society. This can be done by creating laws that run contrary to existing social attitudes in an attempt to engineer a change in these attitudes. Alternatively, laws can be created to reinforce existing social attitudes. An example of the former would be racial integration and the now repealed law which had aboriginals classified as “flora and fauna”. An example of the latter would be the increased drink driving laws in Australia during the 1980s and 90s.

A change to the law can also be achieved through the judiciary. An innovative interpretation of the law, properly executed by a skillful lawyer, can lead to changes in the common law. Case law is a vital area of law to consider in attempting to bring about social change. By examining the manner in which judges have used the law to make decisions, it may be possible to make changes to the ways the law is applied.

The law is essentially a tool for use by society. It enables a mechanism by which groups with differing interests and values can formalize their agreement on the limits of acceptable behavior. The law can be used to bring about change through several means. A simple, yet effective way of creating change is to change an existing law. This can only be done if there is widespread public support for the change, and it aligns with the values of those who have the power to put the change into effect. This method does have its drawbacks as when the law is altered, it may have little effect on the way the law is enforced. If it is unclear, it may not be cost-effective, and changes made may be later regretted.

Law is able to provide for the resolution of disputes between conflicting interests. At times, norms serve to institutionalize conflicts rather than resolve them, and law may provide a mechanism for reducing or eliminating such conflicts. In modern societies, laws serve a myriad of functions and are vital to the health of a country. The ability of a legal system to further social good by facilitating social change is a commendable trait. Society is defined as a rich complex of human relationships. Law is the primary tool societies use to effect and reflect social change. In attempting to achieve social change through law, strategies and tactics can be used to bring about changes to the law itself, to the way the law is applied, or to the law in its capacity as an instrument of social policy.

5. Conclusion

Finally, the law is important because without it, there would be very few businesses that may have the will to operate. To put it in simpler terms, it’s the business motto of risk and reward. If there is no law, a business will feel that their money is at risk of being stolen, their assets at risk of being confiscated, and the possibility of their business being shut down. These days, businesses are a lot more comfortable applying contract and legal procedures in cases of business risk errors because they know the system is fair and they will not be cheated. If there was no law, there would be very little risk, and reward would just remain as a proverb.

The concept of society would no longer exist without law. The importance of law in our society is no secret, and it is the society that holds the law that has succeeded. It is the law that governs the behavior of the members and is in force throughout society. The best example of American popular culture where we can see the significance of law is the TV show Law and Order. This show demonstrates to us that without law and order, there would be chaos. In fact, communities would be coerced into coming together to form a society to back laws in order to fend off growing rates of another community entering and usurping them. This was a point made by the philosopher Louis Gabriel Ambroise Bonald.