The Role of Law in Society
- Ioanna Christodoulatou
- Aug 31
- 3 min read
Updated: Sep 28
My idea of the law is it comprises rules created and enforced by government bodies, selected by the general public who entrust them and their authority in making decisions regarding the effective running of the country. They apply to all citizens and are established with the aim of averting societies from descending into total chaos, making them essential primary constituents of civilisations -for which they are tailored according to their different ‘needs’ and ‘wants’. Under the law, we are all better positioned to live in a fair and peaceful society where citizens are guaranteed: fairness and equality; stability; protection of their rights and freedoms; access to justice.[1] They are necessary in maintaining order, resolving disputes, promoting social challenge and progression and in providing predictability and certainty whilst ensuring safety (as much as possible)[2] . Specifically, this can be seen in the ‘Public Order Act 1986’ where certain legislation has been created to abolish offences such as riot, violent disorder, affray and harassement. For example, under paragraph 5, a person is “guilty of an offence if he (a) uses threatening [or abusive] words or behaviour … (b) displays any writing, sign or other visible representation which is threatening. Through the establishment of such laws people are discouraged from commiting such acts as they are weary of the fact that individuals who disobey the legislative measures enforced face legal consequences and lawsuits; sustain criminal records; acquire limitations in their rights and privileges; face severe social stigmatisation.
Some of which include imprisonment, fines and being charged with community service whilst simultaneously severely affecting their life and those with whom they interact with.
One of the primary functions of the law is to maintain order through the establishment of rules which provide a framework within which people are able to safely interact, whilst also controlling and preventing the emergence of anarchic and tumultuous societies [3]. One of the most significant legislative statutes are the criminal laws enforced prohibiting: acts of assault; theft and murder[4], and tort laws which prohibit: conversion and/or damage of personal property; intentional infliction or emotional distress[5]. Despite continuous governmental efforts in ensuring that the measures are upheld, individuals and institutions frequently disregard them, establishing the reason for which the punitive and resorative justice system has been established -inflicting fear and discouraging the continuation of such indifference. These penalties might not ‘fit the crime’ as there are other factors including age, mental and psychological state, criminal history and severity of the crime which play a key role in determining the verdict reached. These disproportionate sentences aim to either rehabilitate the offender so they can be reintegrated into society, or are simply used for retribution.
Furthermore, laws safeguard people’s rights and freedoms through establishing equality and respect for human rights; guaranteeing liberties including, but not limited to: freedom of thought and belief; right to life; right to fair trial; freedom from forced labour and slavery. These rights (and more) which state the fundamental rights and freedoms in the United Kingdom, are seen in 'The Human Rights Act of 1998'[6]. A significant piece of legislation is Article 2 stating that “everyone’s right to life shall be protected by law. No one shall be deprived of his life.”
Moreover, the law also aims to promote social justice, through aiding the weak, to promote fairness and equity throughout society as a whole. In favour of the weak, it provides financial aid and access to courts[7]. Ensuring racial and gender equality and supporting victims of ageism, certain laws have been created with the aim of encouraging the provision of food security, helping refugee crisees and fighting against climate change, universal poverty and violence. In October 2021 the 'Human Rights Council of the United Nations' called upon all the states to prohibit all forms of discrimination against elderly[8]. Similarly, in 1969 the International Convention on the Elimination of All Forms of Racial Discrimination was entered into force[9], and in 1966 an international human rights treaty called 'International Covenant on Economic, Social and Cultural Rights' was adopted- ensuring the enjoyment of economic, social and cultural rights (including: education, fair and just conditions of work, adequate standard of living, highest attainable standard of health and social security)[10].
Ultimately, the law plays a crucial role in guaranteeing a just and orderly society as it maintains order, protects rights and freedoms and promotes social justice. Although it may not always be as effective as hoped, judicial bodies are constantly making ramifications with the aim of achieving the desired result.
[1] https://online.lincoln.ac.uk/the-value-of-law-understanding-the-purpose-of-laws-and-legal-systems/#:~:text=Through%20fair%20laws%20and%20an,and%20instances%20of%20violent%20conflict.”
[3] https://uollb.com/blog/alevel-law/role-of-law-in-society#:~:text=It%20provides%20a%20framework%20within,vulnerable%20would%20be%20left%20unprotected.
[4] https://courses.lumenlearning.com/wmintrobusinessx51xmaster/chapter/reading-criminal-versus-civil-law/
[7] https://nationallegalservice.co.uk/what-does-social-justice-mean-here-at-national-legal-service/#:~:text=Social%20Justice%20requires%20the%20law,where%20rights%20can%20be%20enforced.
[8] https://www.ageinternational.org.uk/policy-research/expert-voices/the-case-for-a-convention-on-the-rights-of-older-persons/#:~:text=Another%20significant%20event%20in%20moving,take%20measures%20to%20eliminate%20ageism
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