Functions of Law - Complete Notes
1. To Regulate Society
Law sets rules and frameworks for individuals and institutions to follow. It ensures that society functions in an
orderly manner by managing conflicts, guiding conduct, and preventing chaos. Without regulation, society
would be prone to disorder, violence, and lack of coordination.
Diagram Idea: Law -> Rules -> Behavior -> Sanction
Example: Contracts between employers and employees follow labor laws.
Case: Black's Law Dictionary: Law must be obeyed subject to consequences.
Legal Provision: Civil & Criminal Code 2074
2. To Regulate Human Behavior
Law discourages unlawful, harmful or immoral behavior by placing sanctions on such actions. It shapes
societal conduct by defining acceptable and punishable acts. Thus, it keeps society safe and prevents chaos.
Diagram Idea: Action -> Legality -> Sanction
Example: Laws against acid attacks ensure public safety.
Case: Anjana Magar v. GoN (2076): SC ordered laws on acid attacks.
Legal Provision: Criminal Code 2074
3. To Favor Equality
Law ensures equal rights and opportunities to all, regardless of caste, religion, gender or background. It helps
in reducing discrimination and providing protection for marginalized groups.
Diagram Idea: Equality Scale: caste | gender | class
Example: Laws grant equal property rights to daughters.
Case: Meera Dhungana v. MoLJPA: Infertility divorce law struck down.
Legal Provision: Article 18 & 24, Constitution of Nepal
4. To Ensure Justice
Justice is a core purpose of law. It protects rights, punishes wrongs, and maintains fairness. Law must treat
equals equally and unequals according to their relevant differences, ensuring both legal and social justice.
Diagram Idea: Justice Scale: Fairness vs. Bias
Example: Minors get less punishment than adults for crimes.
Case: Sukum Thapa v. Pitambar Thapa: Equal inheritance for women.
Legal Provision: Articles 20, 42 Constitution of Nepal
5. To Promote Environmental Protection
Law helps protect the environment by restricting harmful activities and recognizing the environment as a right.
It supports sustainable development and places responsibility on governments to act as guardians of nature.
Diagram Idea: Law Book + Tree = Nature Protection
Example: Illegal marble mining in forests banned.
Case: Surya P. Dhungel v. Godawari Marble (2057)
Legal Provision: Article 30, Environment Protection Act 2076
6. To Ensure Social Security
Law provides protection and support to vulnerable sections of the population, such as the elderly, disabled,
single women, and ethnic minorities. It ensures a safety net through allowances, services, and affirmative
actions.
Diagram Idea: Law + Welfare = Security
Example: Single women and Raute community receive financial aid.
Case: Gopal Siwakoti v. OPMCM (2077): Pardons granted to pregnant prisoners.
Legal Provision: Article 43, Constitution of Nepal
7. To Initiate Peaceful Changes in Society
Law plays a key role in transforming societal structures and resolving conflicting interests peacefully. It brings
about reforms by addressing outdated practices and encouraging inclusivity and progress.
Diagram Idea: Old Practice -> Law -> New Reform
Example: Social engineering balances diverse interests in society.
Case: Roscoe Pound: Concept of Social Engineering.
Legal Provision: Sociological School of Jurisprudence
8. To Maintain the Rule of Law
Rule of law means that no one is above the law. It ensures that state actions are governed by established
laws rather than arbitrary decisions of individuals.
Diagram Idea: Law > Individual or State
Example: Vice President had to retake oath in Nepali as per constitution.
Case: Balkrishna Neupane v. VP Paramananda Jha (2066)
Legal Provision: Articles 1, 18, 133; Part 11 Constitution of Nepal
9. To Ensure Rights and Duties
Law guarantees individual freedoms while also enforcing civic duties. Rights such as life, liberty, and privacy
are protected, and duties like protecting sovereignty are imposed.
Diagram Idea: Rights || Duties
Example: LGBTQ+ rights recognized through legal activism.
Case: Sunil Babu Pant v. Government of Nepal (2064)
Legal Provision: Articles 1646 (Rights), Article 48 (Duties)
10. Law as an Instrument of Social Welfare
Law promotes human dignity and societal development by addressing poverty, discrimination, and exclusion.
It supports welfare programs and inclusive policies.
Diagram Idea: Law => Welfare => Dignity
Example: Senior Citizens Act supports elderly population.
Case: Implementation of Children Act, Senior Citizen Act
Legal Provision: Social Welfare Act 2049, Children Act 2075, Constitution (Art. 2443)
11. To Adapt and Continue the Social Change
Law evolves to reflect the dynamic needs of society. It discourages harmful traditions and incorporates
technological and cultural advancements.
Diagram Idea: Society Changes => Law Updates
Example: Traditional faith healing (Dhami-Jhakri) discouraged.
Case: Sanju Kumari v. Sagar Bhatta (2076)
Legal Provision: Jhering's theory: Law serves social needs
12. To Settle Disputes
Law provides structured mechanisms to resolve conflicts through negotiation, mediation, arbitration, and
judiciary, preventing violence and promoting justice.
Diagram Idea: Conflict => Mediation/Court => Resolution
Example: ADR used to settle property or family disputes.
Case: Munilal v. Dhanchandra et al. (2033)
Legal Provision: ADR Mechanism, Civil Procedure Code
