Functions of Law-

Functions and purpose of law have been changing with time and place. They depend
on the nature of the state. However, at present in a welfare and democratic state, there
are several important functions of law. It can be stated that law starts regulating the
welfare and other aspects of human life, from the moment a child is conceived in her
mother's womb. In fact, the State interacts with and protects its citizens throughout
their lives, with the help of law.
Some of the major functions and purposes of law are listed below:
i. To deliver justice.
ii. To provide equality and uniformity.
iii. To maintain impartiality.
iv. To maintain law and order.
v. To maintain social control.
vi. To resolve conflicts.
vii. To bring orderly change through law and social reform.

Law is an instrument of society and its objects are achievement of justice, stability and
peaceful change. Law, as a set of binding rules and principles, serves several critical
functions in society, these functions reflect the various roles that law plays m maintaining
order, resolving disputes, protecting rights and liberties, and promoting social justice.

Establishment and Maintenance of Order - One of the primary functions of law is to

establish and maintain order in society. It provides a framework that defines acceptable
behaviour and guides interactions among individuals and institutions. By setting out rules and
penalties for non-compliance, the law deters potentially disruptive behaviour and helps to
prevent conflicts.

Resolution of Disputes- The law provides mechanisms for the resolution of disputes. This
includes the establishment of courts and other dispute resolution forums, as we have rules for
adjudication procedures. By offering a peaceful and orderly process for resolving
disagreements, the law helps to avoid the potential for violence and social unrest.

Protection of Rights and Liberties -The law serves to protect individuals’ rights and
liberties. This includes fundamental rights such as the right to life, liberty, and property as
well as civil and political rights such as freedom of speech and the right to vote. The law also
protects against discrimination and ensures equal treatment before the law

Promotion of Social Justice - The law plays a vital role in promoting social justice. This
includes provisions to protect vulnerable groups, promote equality, and redressal of inequities
The law can also be used to promote economic and social development, for instance, through
regulations that protect consumers or promote for competition.
Regulation of Conduct- The law regulates conduct in various areas such as commerce,
education, family relations, and environmental protection It provides guidelines and standards
for conduct in these areas and ensures compliance through enforcement mechanisms.

Law as a Means of Social Control- Law serves as one of the most powerful instruments of
social control, As, a system of rules and guidelines recognized by particular community or
country law regulates the actions of its members and imposes penalties for non-compliance It
provides a formal mechanism of social control aimed at preventing chaos and promoting a
harmonious coexistence-

(1) Establishing Standards: Law establishes a standard of behaviour that is expected to

be followed by all members of the society. It outlines what is acceptable and what is
not, thereby setting a norm for conduct.
(2) Maintaining Order: The law provides a framework for maintaining social order. It
stipulates the rules for interaction among individuals, businesses, and the government.
This function is particularly important in large, complex societies where interactions
are impersonal and conflicts are inevitable.
(3) Resolving Disputes: Law provides mechanisms for resolving disputes, including
court systems and alternative dispute resolution forums. It sets out procedures for
making claims and defences, presenting evidence, and enforcing judgments.
(4) Protecting Rights and Liberties: Law protects the rights and liberties of individuals
against infringement by others and by the government. Thus, includes protection of
life, liberty, property, and other fundamental rights and freedoms.
(5) Enforcing Conformity: The law enforcers conformity through the imposition of
penalties and sanctions for non-compliance These penalties act as a deterrent to
discourage violations of law.
(6) Promoting Social Change: While law often reflects existing social values, it can also
be an instrument for promoting social change Laws can be enacted to address social
issues, promote social justice, and bring about desired changes in society

Law as a Facilitator of Social Change

Law is not only a reflection of society but also a potent instrument for driving social change.
It can shape society by enforcing norms and values, and it can also create significant shifts in
these norms, when necessary, Here's how law functions as a facilitator of social change:

(1) Legislation for Social Reform: Legislatures can enact laws aimed at bringing about
social reform. These laws often address social injustices of emerging societal needs.
For example, laws have been enacted to abolish social evils like slavery, to allow
women the right to vote, and to legalize same-sex marriage.
(2) Promotion of Social Justice: Law can be used to promote social justice by
establishing equal rights and opportunities. For instance, anti-discrimination laws seek
to ensure that all individuals, regardless of race, gender, religion, or other
 characteristics, have equal access to employment, education, and other areas of
public Ife.
(3) Protection of Vulnerable Groups: Law can provide protection to vulnerable groups
m society. Laws can Bene to safeguard the rights of children, elderly people, people
with disabilities, and marginalized communities. Such laws aim to prevent
exploitation and discrimination and promote social! Inclusion.
(4) Law as an Educative Tool: Laws not only regulate behaviour but also educate the
public about societal values and expectations. Over time, laws can influence public
opinion and societal norms, leading to shifts in attitudes and behaviours. For instance,
laws related to environmental protection have played a key role in raising awareness
about the importance of sustainable practices.
(5) Enforcement and Sanctions: The enforcement of laws, including the imposition of
penalties for violations, is a significant aspect of their role in driving social change.
The threat of sanctions can deter non-compliant behaviour, and consistent
enforcement can gradually lead to changes in societal norms and values.
(6) Adaptation to Social Changes: Law also plays a crucial role in adapting to social
changes. With societal advancement and technological progress, new situations arise
that require legal regulation. Legislatures respond to these changes by enacting new
laws or amending existing ones.

Law as a Harmonizer of Conflicting Interests- In every society, individuals and groups

have a wide range of interests, many of which may conflict with each other. Law plays a vital
role in harmonizing these conflicting interests to ensure peaceful coexistence and social
stability Here’s how:
(1) Establishing a Legal Framework: Law provides a legal framework that defines
rights, obligations, and rules of conduct. It lays down what is permissible and what is
not, thus helping to prevent potential conflicts from arising to the first place.
(2) Balancing Individual and Societal Interests: Law strikes a balance between
individual freedoms and societal interests. For example, laws may restrict certain
individual freedoms (like the freedom to use one's property as one wishes) to protect
societal interests (like environmental conservation)
(3) Resolving Disputes: When conflicts of interest do arise, law provides mechanisms
for their resolution. The judicial system, based on legal pinnacles and procedures,
provides a fair and impartial forum where disputes can be resolved.
(4) Protecting Minority Interests: Law protects the interests of minorities against the
‘tyranny of the majority.’ Constitutional laws often include specific provisions to
protect the rights and interests of minority groups.
(5) Regulating Competition: Laws regulate competition in various areas, such as
business, to ensure that it is fair and does not lead to the dominance of certain
interests over others. Antitrust laws, for instance, prevent the formation of
monopolies and promote fair competition.
 (6) Promoting Social Justice: Laws aim to promote social justice by addressing
disparities and ensuring equitable distribution of resources. They do so through
provisions related to taxation, social security, labour rights, and more.
(7) Facilitating Negotiation and Compromise: Laws can facilitate negotiation and
compromise among conflicting interests Contract law for example, provides a
framework for individuals and entities to negotiate terms and reach agreements

Classification of law

Law may be classified in various different ways but the most important classification of
law are as follows: – Municipal and International Law, Public Law and Private Law,
Criminal Law and Civil Law, Substantive Law and Procedural Law.
Law is intertwined with the lives of people. It governs the conduct of people from cradle to
the grave and the influence of law in one’s life even extends from before birth to even after
death. In this society, there is a complex body or set of rules which are made to control the
activities of members of the society. Different laws are available for different situations like
laws to govern working conditions, laws to control leisure pursuits and laws to regulate
relationships of personal nature.

Law:

A binding custom or practice of a community: a rule of conduct or action prescribed or

formally recognized as binding or enforced by a controlling authority. A rule, usually made
by the government of a country, that is used to order the way in which the society has to
behave. The law is a set of rules that are laid down to regulate the government of the state and
control the relationship between the state and its citizens and also to govern the relationship
between one citizen and another which is enforceable by the courts.

Common and Civil Law

In the realm of legal systems, two prominent frameworks have emerged and shaped the way
justice is administered in various countries worldwide. These systems are known as civil law
and common law. Understanding the differences and similarities between civil law and
common law is essential for legal practitioners, scholars, and anyone interested in the
intricacies of the legal world.

Origins of Civil Law

Civil law traces its roots back to ancient Rome, where the legal system was codified into
a comprehensive body of laws known as the “Justinian Code.” The Justinian Code served
as the foundation for modern civil law systems across the globe.

Civil law systems are based on a detailed set of codified laws that cover various aspects
of legal relationships. These laws are designed to provide clear guidelines and rules to
resolve disputes between individuals, organizations, or the state. The principles of civil
law emphasize statutory law, legal certainty, and the primacy of written law.

Civil law is primarily applied in countries that adopt a civil law legal system. In civil law
jurisdictions, courts base their decisions on the interpretation and application of statutes and
codes. Judges have a more limited role in shaping the law compared to their counterparts in
common law jurisdictions. Europe, Germany, Spain, China Japan, France.

Civil Law Sources

In civil law systems, the primary sources of law are statutes and codes enacted by the
legislative branch of government. These statutes and codes provide the legal framework for
resolving disputes and regulating various aspects of civil life. Civil law sources also include
international treaties and conventions that have been ratified by the country.

Role of Precedent- In civil law systems, the role of precedent is relatively limited. While
previous court decisions may have persuasive value, they are not binding on subsequent
cases. Civil law judges are primarily concerned with applying the relevant statutes and codes
to the specific facts of the case at hand.

In civil law systems, legal interpretation focuses on the text of the statutes and codes.
Judges aim to give effect to the legislative intent behind the law by interpreting its provisions
according to their plain meaning. The emphasis is on ensuring legal certainty and
predictability.

In civil law systems, judges play a more passive role compared to their counterparts in
common law. Their primary duty is to apply the law as codified in statutes and codes. Judges
in civil law jurisdictions are often trained as legal scholars and experts in legal theory.

In civil law, the burden of proof rests on the party bringing the legal action (plaintiff).
The plaintiff must present sufficient evidence to convince the court that their claims are more
likely than not to be true. The standard of proof in civil law is generally lower than in
criminal law.

Civil law systems tend to be more rigid and less flexible in lawmaking compared to
common law systems. Changes to the law often require legislative action and the formal
amendment of statutes and codes. This process ensures stability and predictability but can be
slower in response to evolving societal needs.
In civil law jurisdictions, the criminal justice system operates based on the principle of
inquisitorial justice. The judge takes an active role in investigating the case, gathering
evidence, and examining witnesses. The burden of proof rests on the prosecution, and the
judge decides guilt or innocence.

Common Law

Origins of Common Law

Common law has its origins in medieval England, where legal principles and rules were
developed through court decisions and customs. Over time, these judicial decisions and
customs formed the basis of the common law system.

Common law relies heavily on judicial decisions and legal precedents established by
higher courts. The principles of common law focus on the importance of precedent, legal
flexibility, and the role of judges in interpreting the law.

Common law is prevalent in countries that have been influenced by English legal
traditions, including the United States, Canada, Australia, and the United Kingdom. In
common law jurisdictions, judges play a vital role in shaping the law through their
interpretation of legal precedents.

Common Law Sources

Common law sources encompass a broader range of legal authorities compared to civil
law. In addition to statutes, common law relies heavily on case law, which consists of
judicial decisions rendered by higher courts. Legal precedents established through these
decisions serve as a guide for future cases.

Role of Precedent- Precedent holds significant weight in the common law system. The
principle of stare decisis, which means “to stand by things decided,” requires judges to follow
the legal precedents established by higher courts. These precedents provide consistency and
predictability in the application of the law.

In common law systems, legal interpretation involves not only analysing the text of the
law but also considering the broader context, including case law and legal principles.
Judges interpret statutes in light of established precedents and strive to achieve a fair and just
outcome based on the specific circumstances of the case.

Common law judges have a more active role in shaping the law. They interpret statutes
and legal precedents, resolving any ambiguities or gaps through their decisions. Common law
judges rely on their legal expertise and judicial discretion to develop the law and adapt it to
changing societal needs.
In common law, the burden of proof also falls on the party making the claim (plaintiff).
However, the standard of proof in common law cases is higher. The plaintiff must establish
their case “beyond a reasonable doubt” to secure a favourable judgment.

Common law systems offer greater flexibility in lawmaking. Judges have the power to
adapt the law to changing circumstances and societal values through their decisions.
Common law allows for more dynamic development and refinement of the law over time.

Common law criminal justice systems follow an adversarial model of justice. The
prosecution and defence present their cases before an impartial judge or jury. The burden of
proof is on the prosecution, and guilt or innocence is determined by the judge or jury based
on the evidence presented.

Law is classified into four different categories:

1. Municipal and International Law
2. Public and Private Law
3. Substantive and Procedural Law
4. Civil and Criminal Law

Municipal and International Law

Municipal or Domestic law is that facet of law that springs from and has an effect on the
members of a particular state. An example of a municipal law is the Constitution of India that
applies only in India.

On the other hand, international law is the law that governs laws between different countries.
It regulates the relationship between various independent countries and is usually governed
by treaties, international customs and so on. Examples of International law include the
Universal Declaration of Human Rights, the African Charter on Human and People’s Rights
etc.

Municipal Law
Municipal law is the law of that nation; it is domestic law that governs the subject of the
state. This is contrary to international law. This includes state, provincial, regional, or local
law of a state. State force is the approval behind the law. It is generally regional in nature as it
is applied within the territory of the country itself. Municipal Law is that branch of Law,
which is applied within a State. It can be divided into two classes.

Municipal law can be divided into: –

 Public law and
 Private law

Public and Private Laws

Public Laws
The activities of the state are regulated by public law. It determines and controls the
organization and functioning of the state and also determines the relationship of the state with
its subjects. The term ‘public’ means a state or a sovereign part of it or a body, or a person
holding a delegated authority under the state. Public law is the law that is concerned with the
relationship of the citizens and the state. This consists other different specialist areas as
follows:

Public law can be further divided into: –

i. Constitutional Law: – Law that determines the nature of the state and the structure of
government. It is above and supreme from the general law of the land. It describes
the structure and function of the three organs of the state. Ordinary law derives its
value from constitutional law. Constitutional law is concerned with the Indian
constitution. It covers within its twenty-five parts and twenty schedules the
composition and procedures of Parliament, the functioning of central and local
government, citizenship and the fundamental rights and liabilities of the citizens of
the country.
ii. Administrative Law: – It is the body of law that gives permission for the creation of
public regulatory agencies and includes all the laws, judicial decisions, and rules.
This law is created by administrative agencies and the purpose is to implement
their powers and duties in the form of rules, regulations, orders and decisions.
Administrative law is the law that is brought to for better and convenient
administration of the government and the government bodies. There has been a
stark increase in the activities of government over the past few years. Many
schemes have been introduced by the Government for helping to ensure a proper
standard of living for everyone. A huge number of disputes arise out of the
administration of different schemes and a body of law has been developed to deal
with the problems of such persons against the decision of administrative agency.
iii. Criminal Law: – It is the body of law that defines criminal offenses, regulates the
cognizance, crate charges and trial of suspects, and also fixes the methods of
punishment and treatment applicable to convicted offenders. Its purpose is to stop
crime and punish the wrongdoer.

Private Law
The branch of law that deals with the rights and duties of private individuals and the
relationship between them. Private law deals with the rights and obligations of individuals,
families, businesses and small groups and exists to assist citizens in disputes involving
private matters. Private law is the law that is predominantly concerned with the rights and
liabilities of individuals towards each other. The involvement of the states in this area of law
is restricted to providing a proper method of resolving the dispute which has arisen.
Therefore, the legal process gets started by the citizen who is aggrieved and not by the state.
Private law is also known as ‘civil law’ and often it is in contrast with criminal laws.
Further classification of private law is as follows: –
 Law of the person
 Property law
 Law of liability conflict of laws
The law of liability is divided into 3 classes: –
 The contracts
 Quasi-contract
 Torts

International Law
International law has been incorporated into national law by various countries such that
the United States has declared that all international law will be part of the nation’s law. Even
the UK has incorporated in its municipal laws and whenever there is a conflict between
international law and municipal law courts, decisions have to be taken keeping in mind the
harmonious construction between them.

International law can be classified into four: –

International Law is a branch of law which consists of rules which regulate relations between
States or Nations inter se. In other words, International Law is a body of customary and
conventional rules which are considered to be legally binding by civilized Nations in their
intercourse with each other. International Law is mainly based on Treaties between civilized
Nations. International law may be divided as follows:
 Customary International law: – These are rules that have been in force since
ancient times between countries such as the law of the sea.
 Treaty law: – These are rules made by treaties between two or more countries.
 Public International Law- It is that body of rules which governs the conduct and
relations of State with other States. For example, the extradition treaty between
two states to bring back the fugitives.
 Private International Law- It means those rules and principles according to
which the cases having foreign elements are decided. For example, if a contract is
entered into in India between an Indian and a Pakistan citizen, which is to be
performed in Ceylon, then the rules and regulations on which the rights and
liabilities of the parties would be determined is known as ‘Private International
Law’

Difference between Public and Private Law

Public Law Private Law

Public law deals with issues that affect the Private law deals with the rights and obligations of
general public or the state – society as a whole. individuals, families, businesses and small groups
and exists to assist citizens in disputes involving
 private matters.

Public law includes interrelationships between Private law includes participation among private
the state and the general population. citizens.

Public law consists of three subdivisions: Private law consists of the law of obligations and
Constitutional, administrative and criminal law. the law of torts.

Public law deals with a larger scope. Private law operates with a more specific scope.

Public law focuses more on the issues that affect Private deals more with the issues affecting private
the general public or the state itself. individuals, or corporations.

Civil Law and Criminal Law

Legal law is classified usually into two different types: criminal and civil law. It is
important to note here that the nature of this classification is because there are major
differences in the purpose, procedures and terminology of every branch of law.

Criminal law:

Criminal law is the law that is connected with the act of forbidding particular forms of
wrongful conduct and imposing punishment on those who engage in such acts. Criminal
proceedings are usually brought in the name of the State and are known as ‘prosecutions. It
should be noted that prosecutions may be assessed by a private individual or other bodies,
such as the trading standards department of the local authority but cannot undertake the case
of the prosecution.

In criminal cases there is a prosecutor who prosecutes the defendant for the offence
committed. The consequences of being proved guilty are so extreme that the standard of
proof is higher in criminal cases as compared to civil scenarios. The allegations of a criminal
conduct need to be proved beyond reasonable doubt. If the prosecution successfully proves
the guilt of the defendant, he might be punished by the court respectively. Criminal law deals
with behaviour that can be recognized as a crime against the public, society, or the state –
even if the immediate victim is a person. Examples of the same are murder, assault, theft and
drunk driving.

Punishments that are available to be imposed on the convict are imprisonment and fines. If
the
Civil law:

The civil law deals with the private rights and duties which arise between individuals in a
country. The object of a civil action is to correct the wrongdoing that has been committed.
Enforcement of civil law is the accountability of the individual who has committed the wrong
and the state is responsible to provide for the procedure to resolve the dispute. In case of civil
proceedings, the person who claims sues the defendant in the civil court and asks for a
remedy. The claimant will be successful in his claim if he is able to prove his case. If the
claimant is not successful, the defendant will not be made liable for his actions.

Civil law deals with behaviour that causes injury to an individual or other private party, such
as a corporation. Example of civil law is defamation, breach of contract, negligence which is
resulting in injury or death, and property damage.

Difference between Civil and Criminal Law

Civil Law Criminal Law

Civil law is a general law that resolves disputes Criminal law deals with crimes that are committed
between two organizations or individuals. against society.

According to civil law, the wrongdoer has to pay It serves different degrees of punishment punished
compensation to the affected organization or with the crime committed.
person.

Civil law deals with property, money, housing, Criminal law will deal with serious crimes like
divorce, custody of a child in the event of a murder, rape, arson, robbery, assault etc.
divorce, etc.

Civil law is initiated by a person or organization The government files a petition in a criminal law
or also known as the plaintiff. ‘ case.

In the case of civil law, there is no punishment As a matter of criminal law, the punishment is
like criminal law, but the aggrieved party receives done according to the severity of the offense or a
compensation and the dispute is resolved. fine can be imposed.

Substantive and Procedural Law

The law which defines rights and liabilities is known as substantive law. It is called so
since it lays down a proper and precise substance of subject matter which is enforceable in
the courts. The purpose of a law that is substantive is to define, create or confer a proper
substantive legal right or status or to impose the nature and extent of any sort of legal duties
or obligations.

Substantive law, with regard to a specific subject, defines the legal rights and
relationship of people between themselves or between them and the State. Any
wrongdoing of an individual, group of persons or the state against another will hold him
liable to the others accordingly. For the purpose of any substantive law, the wrongs could be
either civil or criminal. Substantive law refers to all forms of law both, public and private
including the law of contracts, property, torts and crimes of all kinds. This law refers to the
body of rules that determine the rights and obligations of individuals and collective bodies.

Procedural law

The law of procedure is that branch of law that deals with the process of litigation. It
embodies the rules and procedures pertaining to the institution and prosecution of any kind of
civil or criminal proceeding. Procedural law consists of a set of rules by which a court hears
cases and decides the proceedings. Historically, the law that many know is substantive law,
and procedural law has always been a matter of concern only to those who preside over as
judicial officers or those advocating law. But, over a period of time, the courts developed a
system of evidence and procedure, that fall within the purview of procedural law relating to
the fairness and transparency of such process. Procedural law establishes the legal rules by
which substantive law is created, enforced and applied, especially in a court of law.

The Indian Evidence Act, the Limitation Act, the Code of Civil Procedure, the Code of
Criminal Procedure are instances of procedural law.

13.Difference between Substantive and Procedural Law

Substantive Law Procedural Law

It establishes the rights, obligations and duties of It follows the means and methods through which
other persons or persons with the state. adequate legislation is enforced.

It has independent powers to decide the fate of It has no independent authority to decide the fate
each case. of each case.

This law cannot be applied in non-legal This law can be applied in both legal and non-legal
contexts. contexts.

It does not specifically deal with proceedings It deals with what is happening inside the court.
inside a court.
 These laws are regulated by Acts of Parliament These laws are regulated by statutory laws.
or government implementation.

Common law and equity:

Law may further be classified as per the nature as to whether they form part of the common
law or equity. The distinction between the systems of common law and equity rises from far
long in history and could be understood properly by an examination of the origins of English
law. The common law is the law followed and gained by the Crown of England. It could be
traced back to 1066 when William of Normandy obtained the crown of England by defeating
King Harold in the Battle of Hastings. Before the Normans arrived, there was no such thing
known as English law. The Anglo-Saxon system of law was based on the local community.
Each and every area possessed its own system of courts wherein the local customs were
applied as common law. The Normans were great administrators and they undertook a
process of centralisation that created an accurate climate for the evolution of a uniform
system of law for the entire country which is equally applicable as a rule of law.

Conclusion:

Therefore, law could be classified into different types and every form of law emerged over a
period to form a set of rules that we use to govern the society overall. According to the
various functions governed by law, it is classified as different forms of law to avoid chaos or
confusion in administering such laws. Laws are involved into every aspect of human life, and
it is imperative to classify law to follow them for the benefit of the society.