Monday, April 29, 2019

Six Major Functions of laws in Society


According to Oxford English Dictionary, law is defined as the body of enacted or customary rules recognized by a community as a binding. They are intended to enforce justice and advise on the duties and obligation of every citizen. Laws have high power and authority of the decreer. Those who fail to abide by them may be subjected to harsh penalties. The legitimacy of rules is obtained from propositions that are accepted all over the world. Some of them include the supreme power of a legislative assembly to enact them and the all-important fairness of the rules.

There are several main functions of laws in a country. They are to keep the peace in a country, shaping moral standards, promoting social justice, facilitating orderly change, providing a basis for compromise and lastly to help in facilitating a plan. Besides that there are two (2) types of law. One is the written law which is the most important source of law and which is enacted by certain bodies while the second law is the unwritten law. It does not mean that the unwritten law is not written. Basically it refers to those laws which are not enacted by the legislature and which are not found in the written Federal and States Constitution.

The following below are the function or importances of law in our society:-

Establishing Standards
The law tells the threshold between acceptable and unacceptable behaviors in society. The law is a guidepost for minimally acceptable behavior in society. Some activities, for instance, are crimes because society (through a legislative body) has determined that it will not tolerate certain behaviors that injure or damage persons or their property. For example, under a typical state law, it is a crime to cause physical injury to another person without justification doing so generally constitutes the crime of assault.Constitution (Articles 12 to 29) provides for the Bill of Rights and Duties. The rights enshrined include; the right to equality (Arts. 12 and 13); right to life (Art. 14); right to personal freedom (Art. 15); right to privacy and personal security (Art. 16); right to freedom of movement (Art. 17); freedom of expression and right to information (Art. 18); freedom of religion (Art. 19); freedom of association (Art. 20) and the right to take part in public affairs (Art. 21). Thus law used to establish standard in Tanzania.

Maintaining Order.
To maintain law and order, there must be some rules that should be followed. Whoever will break any of these rules is therefore required to get their reward. By doing this, we will maintain law and order even in our society. However, there are a lot of ways you can improve law and order. First, you need to ensure that in our society we have trained people to maintain law and order.
It is recommended that we train these people before enforcement. The law enforcement department, therefore, enforces people to follow the laws that are made by these departments. However, it is advisable to note that punishment is not the only way to bring offenders into the correct path. That is why a lot of observation should be considered before you decide in any decision.

Resolving Disputes

Dispute. includes any case where a person complains of and is aggrieved by the actions of another person, or any case in which a complaint is made in an official capacity or is a complaint against an official. Some disputants will not reach agreement through a collaborative process. Some disputes need the coercive power of the state to enforce a resolution. Perhaps more importantly, many people want a professional advocate when they become involved in a dispute, particularly if the dispute involves perceived legal rights, legal wrongdoing, or threat of legal action against them. For example THE COURTS (LAND DISPUTES SETTLEMENTS) ACT, 2002 used for land disputes
The most common form of judicial dispute resolution is litigation. Litigation is initiated when one party files suit against another. In the United States, litigation is facilitated by the government within federal, state, and municipal courts. The proceedings are very formal and are governed by rules, such as rules of evidence and procedure, which are established by the legislature. Outcomes are decided by an impartial judge and/or jury, based on the factual questions of the case and the application law. The verdict of the court is binding, not advisory; however, both parties have the right to appeal the judgment to a higher court. Judicial dispute resolution is typically adversarial in nature, for example, involving antagonistic parties or pposing interests seeking an outcome most favorable to their position.

Protecting Human Rights

Human rights are fundamental rights, which a person has by virtue of being a human being Some believe that human beings created in the image of God, endows human with a worth and dignity from which there canlogically flow the components of a comprehensive human rights system The constitutions and statutes of the United republic if Tanzania and its constituent states (see HUMAN RIGHTS PROTECTION IN TANZANIA AS PROTECTED BY THE CYBER CRIME ACT, NO.13 OF 2015) provide for various liberties and rights. A purpose and function of the law is to protect these various liberties and rights from violations or unreasonable intrusions by persons, organizations, or government. For example.  Everyone is entitled to all the rights and freedoms set forth in this Declaration,without distinction of any kind, such as race, colour, sex, language, religion,political or other opinion, national or social origin, property, birth or other status

Defending us from evil.

The first and most basic function of law is to defend us from evil that is, those who would seek to harm us for no good reason. This function of law underlies 20th century developments in International Law such as the Nuremberg Trials and the creation of the International Criminal Court. Also yhe punishment provided from those laws lead us escaping from evils. For instance by using THE CYBERCRIMES ACT, 2015 any person can be punished.

Encouraging people to do the right thing

Punishment/removal of criminals. When someone commits a crime and is found guilty, there has to be something to stop them doing it again. Sometimes it is just a slap on the wrist or a small fine, but sometimes it is something more serious, such as a length prison sentence. The punishment is an attempt at reforming the criminal. If they suffer because of a crime that they committed, they are less likely to reoffend. Furthermore, by imprisoning them, or by putting them on parole, the justice system is making it harder for them to reoffend anyway; it’s harder to get away with it. The idea of getting rid of criminals to prevent them committing more crime is evident in history in both the Bloody Code (lots of crimes were punishable by death in Britain) and in transportation. If they aren’t here, they can’t hurt us.

Encouraging peaceful coexistence.
We have seen the situation in most countries that are not governed by the rule of law. Conflicts and all sorts of injustice are a norm in such countries. Powerful people may take advantage of the citizens and engage in activities that deny them their basic rights. The law is here to guide us on how we should conduct ourselves without interfering with others. Thus law used to treat all people equally in Tanzania society that is why no one above the law. Thus is because law used to  punish those go against it regardless of your powerful.



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