The Role of the Law

To understand law, sometimes it is better to look at the role it plays in society and examine some of the different theories.

For survival: –

Prof Hart argued that law is necessary for survival. For him, law provides the necessary restraints upon individual behaviour, to work together in a cohesive body to ensure survival. Ultimately, there's a better chance of success for a group rather than an individual.

To provide order: –

Max Weber (1864–1920), a German sociologist, argued that the primary function of law is to maintain order in society. Generally speaking, the majority of persons accept ‘the binding nature of the law’ and comply. Those who do not are sanctioned in some way.

“Roscoe Pound (1870–1964), a US academic, considered that law is a social institution created to balance the different interests in society.” [The Open University, (2014, Unit 2]

To provide social cohesion: –

The French sociologist Émile Durkheim (1858–1917) argued that law was an important device to keep society together. This was especially true as society becomes more developed than complex.

On the other hand, Karl Marx (1818–1883) saw society as having different classes with interests that opposed each other and that it was the ruling class who made the laws to promote their own interests and suppress the interests of working classes.

Factors influencing the law: –

When considering the role of the law in any society, it is important to note other factors which affect and influence law. Some of these include but are not limited to, culture, religion, politics, economic factors, customs and traditions, moral values and outside influences.

Next: law and order in context.