Functions and Kinds of Law

Functions and Kinds of Law - Functions and Kinds of Law Law...

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Functions and Kinds of Law Law holds society together – assures its cohesiveness Functions of law o PROSCRIPTION (law prohibits a range of activities) Law proscribes (bans, prohibits) socially detrimental conducts Malum in se (wrong in itself) Malum prohibitum (wrong because prohibited) o VALUES (law promotes [and reflects] values) Law is a product of a society = it reflects values Law crates desirable social values = it promotes values o PREDICABILITY (law assures certainty) Law provides society with a sense of predictability re: consequences of actions (predictable clues) What will happen if…? o BENEFITS (law benefits individuals and groups) The government uses law to decide eligibility for social benefits, distribute benefits, and create (new) programs to benefit communities or social groups or individuals Types of law Law (def.) = rules of conduct that govern a society that require the presence of the centralized authority Functions of law = assures society’s cohesiveness through promoting and reflecting social values, making societal conduct predictable, distributing benefits to social groups or individuals, and imposing proscriptions
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Relationships and interests Inter-dependence Co-operation Etc., etc., etc. Doing something Society = an aggregate of people who live together in a particular country (or region) In complex relationships and Interact with complex associations and institution o Individuals and groups o Institutions and organizations This complexity creates the need for a specialized system of laws in which each kind of law deals with a
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