The Definition, Function, and Forms of Law


Law is a set of rules that govern behavior and are enforced by governmental and social institutions. The exact definition of law is controversial. Some think of law as a science, while others view it as an art of justice. While these views are not mutually exclusive, the basic principles of law are the same. This article will examine the nature, function, and forms of law.

Principles of the inner morality of law

Philosophers who support the internal morality of law claim that law is a moral system, in the sense that it promotes social order while respecting human autonomy. In addition, they argue that no system of rules can achieve morally valuable objectives without complying with basic principles of legality. These beliefs, Fuller argues, establish the conceptual link between law and morality.

This analysis assumes that higher levels of perceived moral content of a law are predictive of compliance. Furthermore, it argues that this perception of moral content of a law interacts with the normative force people attribute to legal authorities. This relationship is then further examined in relation to procedural justice and lawfulness.

Forms of law

Forms of law are the rules and regulations which govern society and the conduct of individuals. These rules are made by state or governmental institutions. Different types of laws are made for different purposes. Those made for state purposes include constitutions and laws enacted by legislatures. Other types of laws are made by private individuals, such as contracts or arbitration agreements.

Functions of government

Government is a legal system that has several basic functions. For example, it protects citizens from harm and imposes rules and regulations on private behavior. In addition, it regulates economic activity and social life. Its decisions are binding on all members of society. These decisions also determine how society allocates the benefits and costs of living. Since all governmental decisions involve the expenditure of tax money, they are a matter of public concern.

Other functions of government include maintaining and enforcing laws. This is the primary function of government in a constitutional democracy. This means protecting fundamental rights and liberties. It is also responsible for maintaining the peace and security of the country.

Human rights component of rule of law

A country must be committed to protecting the human rights of every individual. While this should be a priority in all aspects of the country, human rights can sometimes be violated in a number of ways. One of these is if police and courts are unable to exercise adequate oversight and accountability. Another example is when the criminal justice system is unable to address social problems such as racial discrimination and poverty.

The idea of inherent human rights is not new. It has roots in many cultures and traditions. Human rights are fundamental to the dignity of every human being and should not be violated or abused. These rights are equally important for every individual, regardless of race, religion, political opinion, or national origin. This is the key principle of a human rights-based approach, which also requires an active participation of civil society and minority groups.