Law is the set of rules that govern behaviour and are enforced by governmental and social institutions. Its exact definition has long been subject to debate. Some have referred to law as a science and others as the art of justice. Whatever the definition, law is an important tool that helps people make their lives better. In this article, we discuss some of the main elements of law and discuss their functions.
Rule of law
The concept of the rule of law dates back to ancient Greece. It is a relatively stable system of norms that govern behavior. It requires that all laws be transparent, stable, and applied equally. It protects fundamental rights and the security of persons. It also ensures that the government and its citizens are accountable for their actions.
Functions of law
Understanding the functions of law is an important part of the process of interpreting law. By identifying these functions, we can better evaluate the effectiveness of law. Each function serves a specific purpose, and the extent to which they are fulfilled depends on the social and political context of the law. Some functions are more relevant to certain circumstances, such as the nature of the state, and some may be less relevant.
Schools of jurisprudence
Jurisprudence is the branch of law that focuses on moral principles. According to this school, law is based on the ‘natural’ and ‘ethical’ laws that govern human behavior. They focus on preventing violence and protecting the harmony of human society.
Legal realism is a view of law rooted in naturalistic principles. This means that jurisprudence should emulate natural science, where hypotheses must be tested against observations of the real world.
Legal formalism is a theory that has both descriptive and normative aspects. It is a way to understand how the law is composed and why it is necessary.
Accessibility of law
The early modern law courts were not all accessible. The institutional arrangement of law courts, the fragmentation of juridical institutions, and the complexity of judicial procedure all contributed to a pessimistic assessment of law court accessibility.