Preview

What is law

Best Essays
Open Document
Open Document
4059 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
What is law
My Concept of Law – what do you think is the best descriptive concept of law, what do you think is the purpose or value of law? Have your views changed over this semester, if so how?"
Most people’s concept of law is limited, their view on law is commonly based on a set of rules which they do not want to break because of either fear of a bad image in society as well as fear of being penalized and incarcerated legally. This point was emphasised by the legal philosopher John Austin whose theory on law suggested that law is ‘a rule laid down for the guidance of an intelligent being having power over him.’1
This theory emphasises the power of law in a society as well as indicates the fear this power places on individuals of a society. John Austin’s theory also suggests that the concept of law is more complicated than individuals perceive it to be which will be further indicated and analysed later in the essay. Not a lot of people except some lawyers, judges and legal philosophers really take an in-depth look into the meaning of law. The concept of law is much more complicated and vast and not just about rules and regulations.
This essay aims to indicate my concept of law as well as the best descriptive concept of law through analysing what Legal positivist and natural law concept of law is. This essay will also look at the purpose or value of law.
What is law?
Law is life in the sense that the world as we know it would not be the same if there was not some kind of public order that tries to regulate people’s behaviour in an attempt to keep them in line and promote unity as well as stability in a society.
Devastating results could occur, if we lived in a world where there was no law. Take a look at the 1954 book of the Lord of the flies by William Golding which touches on human nature and individual welfare versus the common good. The book tries to give an image of life in a society in which people are in power and take laws into their own hands, which ultimately

You May Also Find These Documents Helpful

  • Good Essays

    When I think of the term ‘Law’ I visualize a sense of order, control, a dominion controlled by rules, which are enforced by individuals appointed with a general authority. The definition of the term law varies slightly but may be broad dependent due to the many variations and use of law. One definition of Law is defined as “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force (Melvin, 2011). In this paper we will discuss the functions and role of law in business and society.…

    • 992 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The law is an intricate system of principles that regulate the activity of citizens and enforce sanctions through imposition. This order was developed through a legal evolution that many individuals fail to recognize due to disinterest in history. In order to comprehend the current state of law, one must refer to the past as it enables individuals to appropriately analyze the future. The Magna Carta and The Quebec Act are key developments that played a vital role in the just formation of law in modern society.…

    • 435 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Through analysing Manderson’s views on law in society, specifically through his break down of ‘Where the Wild Things Are’, my own outlook on the function of law has been altered. Not only should the law be abided by, but it must be cherished and understood. The claims made by Manderson are far from…

    • 551 Words
    • 3 Pages
    Good Essays
  • Good Essays

    People always envy the freedom of birds. The birds can fly wherever they want, however they like. They don’t have the worries of traffic; they needn’t follow any rules. However, as people live within society, we have to follow the rules to make the society harmonious. Law is the basic level of the society rules. Anyone who violates the rule will get punishment. In this level, we can’t do anything we want to do, as there is law that set the constraints, but from another side, law is also protecting our freedom.…

    • 1484 Words
    • 6 Pages
    Good Essays
  • Better Essays

    Role and Function of Law

    • 907 Words
    • 4 Pages

    According to Melvin (2011), Law is define as body of rules and action or conduct determined by a regulation authority as well as having legal binding force. Within a society as well as a business, law has eight different primary functions. These functions includes keeping peace, influencing and enforcing standards of conduct, maintaining the status quo in certain aspect of society, facilitating order change, promoting social justice, facilitating planning and the realization of reasonable expectations, providing a mechanism for compromising solutions between polar principles and position and providing for maximum self-assertion by the individual. World Academy Online (2010-2013).…

    • 907 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Role and Functions of Law

    • 773 Words
    • 4 Pages

    What is law? Law is a system of guidelines and rules that have been set in place to maintain order and conduct. In order to be successful in society or a business the Law plays a significant role in regulating behavior whether in school, home or work. This paper will discuss the functions and role of law in society as well as business, along with the functions and role of law in the Healthcare industry of which I’ve been a part of thru employment for the past 23 years.…

    • 773 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Sociology & the Law

    • 905 Words
    • 4 Pages

    Societies had laws for over thousands of years from earliest civilization of the Roman Empire. Laws set the limit of the government’s responsibility and the power they have to maintain order while protecting individual rights. (Erbschloe, 2010)…

    • 905 Words
    • 4 Pages
    Better Essays
  • Good Essays

    We can look at the law from a historical perspective and see that many of the laws we have in our society are reflective of the limits which are needed to prevent anarchy. After learning about the history of the law and social events and movements throughout our society, we are able to understand the law in a more whole and complete way. Throughout human history the law has been known as a coercive institution, enforcing its practical demands on its subjects by means of threats and violence (Nolke,…

    • 693 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    “The relationship between law and society that breathes life into it and into which it breathes life in a mutually sustaining and inextricable one”.…

    • 2303 Words
    • 10 Pages
    Powerful Essays
  • Better Essays

    Why We Need Laws

    • 1539 Words
    • 7 Pages

    The American Heritage Dictionary defines law as “a rule of conduct or procedure established by custom, agreement, or authority.” Since even the most primitive forms of life have been known to live by some “rule of conduct,” by definition, law has existed before the dawn of the human race. However, no other species have adopted laws to fit their immediate needs more than humans. As groups of humans began living in larger and larger groups, competition for resources such as food, water, shelter, and even mating partners grew increasingly intense. Therefore, the leaders of these basic forms of society found it necessary to set guidelines for sharing and protecting these resources. As these societies grew in complexity, so did the need for laws. While in its nascent stage law primarily protected tangibles such as life, limb, and property, the scope of laws has grown to encompass moral values as well. However, these values often differed from society to society. With each passing year, more and more laws are coming into effect. Consequently, more and more people are growing incognizant of the laws that govern them. In effect, this ignorance of the law nullifies its effectiveness as a deterrent of crime. Therefore, modern law has taken a more passive role as a medium for holding people accountable for their actions.…

    • 1539 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    Law, a set of coherent rules and values within a society, is a human process. As such, it is crucial to approach its application within society in a pragmatic and realistic sense rather than a formal one, which views law as a set of mechanical and abstract principles. A legal realist approach on law takes into account extra-legal factors which help shape how law is used within a social context. This approach does not view the discipline of law as a literal set of principles to be formally detected and applied, but recognizes that the interpretation of law by legal actors is manipulated by situational factors.…

    • 1841 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    John Gardner, Professor of Jurisprudence, University College, Oxford TITLES IN THIS SERIES Law in its Own Right by Henrik Palmer Olsen and Stuart Toddington Law and Aesthetics by Adam Gearey Law as a Social Institution by Hamish Ross Evaluation and Legal Theory by Julie Dickson Risks and Legal Theory by Jenny Steele Forthcoming titles: Law after Modernity by Sionaidh Douglas-Scott Law and Ethics by John Tasioulas Law and Human Need by John Stanton-Ife…

    • 93567 Words
    • 375 Pages
    Powerful Essays
  • Powerful Essays

    Kelson's Pure Theory of Law

    • 5020 Words
    • 21 Pages

    The aim of theory of law is to reduce chaos and multiplicity to unity. Legal theory is a science and not volition. It is knowledge of what the law ought to be. Law is a normative and not a natural science. As a theory of norms legal theory is not concerned with the effectiveness of the legal norms. A theory of law is formal, a theory of the way of ordering,changing concepts in a specific way. The relation of legal theory to a particular system of positive law is that of possible to actual law.…

    • 5020 Words
    • 21 Pages
    Powerful Essays
  • Better Essays

    The relationship between law and justice has always been a topic of great controversy. Many people rely fully on the law to bring about, what they believe, to be justice, while others are of the opinion that the law is too ‘black and white’ to be wholly regarded as just.…

    • 1465 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    QST : Examine the Social relevance of legal research ? What type of research do you advocate to bring about law reforms ?…

    • 1251 Words
    • 6 Pages
    Powerful Essays