Right_Use_of_Law

Introduction What is the importance of law today' Law is essential in all communities. In an orderly law-abiding community people can plan ahead, work in safety and do business in trust. In most modern societies order means stability. The guarantees of this order take place in the form of laws. Laws are rules and customs that the citizens of a community regard as binding upon them and can be enforced by the courts. Laws provide boundaries so that people realize where and when they are committing an offence. One of the principal objects of the law is to safeguard the rights of citizens, us. Our basic rights are what give us our freedom in daily life. What would happen if there were no law in society' Without law we would have anarchy. People need to have a hierarchy, need some form of structure. During the anarchy there would probably be pillaging, vandalism, rape, murder, and torture. The use of our technology could lead to all out destruction of our planet. To facilitate the societal system orderly and assure the citizen’s safety there is no alternative of right use of law. What is Law Law is a system of rules, usually enforced through a set of institutions. According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.” Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions. Miriam-Webster's Dictionary gives the following definitions: "1 a: rule of conduct or action laid down and enforced by the supreme governing authority (as the legislature) of a community or established by custom b: the whole collection of such rules c: the control brought about by enforcing rules d: trial in a court to decide what is just and right according to the laws e: an agent or agency for enforcing laws 2: a basic rule or principle 3 a: the profession of a lawyer b: lawyers as a group c: the branch of knowledge that deals with laws and their interpretation and application 4: a rule or principle stating something that always works in the same way under the same conditions " Function of law in society The functions of law for society are to provide set rules and procedures that fall within general functions which reflect the position of the people. In short the functions of the law are to promote social cohesion and to provide for social progress (Functions of Law, 2005). The most notable of these functions are; peacekeeping, government checks and balances, contract law, promotion of economic growth, social justice, and environmental protection (Barnes, Bowers, Langvardt, & Mallor, 2003). Each society has in some form a peacekeeping function of the law. This function includes both civil and criminal aspects of a legal system. Civil law resolves disputes between private parties where as criminal law prosecutes for the committing of a crime. The peacekeeping function serves to protect the citizens from those that may cause harm. The law serves many functions in society. Where this is most apparent is in its three classifications: 1. Criminal and Civil Law – Criminal law is the law through which public commitment of crimes are prosecuted by governing bodies, whereas civil law is the law through which private parties may bring lawsuits against one another for real or imagined wrongdoings. E.g. criminal law would deal with the prosecution of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary compensation. 2. Substantive and Procedural Law – Substantive laws are the social rights and duties of people, and procedural law are guidelines through which government bodies or courts deal with breaches in substantive law. E.g. substantive law would state that hitting someone with a car and driving off is a crime, while procedural law would define how the courts could try and sentence in the case. 3. Public and Private Law – Public law is the framework of guidelines defining the relationship between the government and individuals, and private law is the area of law in a society that affects the relationships between individuals or groups without the intervention of the state or government.