Every law is a set of rules or regulations that must be followed by all people. These rules are decided by the courts of justice. Understanding a law requires knowledge of its purpose and its true nature. As defined by John Austin, law is an aggregate set of rules set by a politically superior man that must be followed by all people. However, the laws of a particular country may differ from other countries. Here are some important characteristics of law. Read on to discover the true meaning of law and its functions.
Concept of law
The Concept of Law is a classic philosophical work by H.L.A. Hart, which contrasts the internal and external views of law. The internal view emphasizes law’s normativity, while the external view has roots in Montesquieu and Justice Oliver Wendell Holmes. Hart argues that the distinction between doctinal and normative considerations is a key difference between the two. This book is essential reading for anyone interested in the history and philosophy of law.
Nature of legal order
The relation between the nature of societal organisation and the nature of legal order has been a central issue for philosophers of law, but has often been treated in a suboptimal manner. In this article, I explore the main reasons for this neglect and suggest that the best way forward is to consider the political economy of legal orders and metaphysics of relations as two complementary approaches to legal philosophy. Both of these perspectives emphasize the importance of considering the immanent order of the legal system.
Function of legal institutions
The function of legal institutions can vary greatly from nation to nation. The US constitution is a prime example of a legal system based on natural-law theory, which holds that people are entitled to certain rights protected by the government. While nations can generally agree on the main purpose of the law, they have their own ways of performing different functions. Some nation-states perform these functions better than others, while others focus more on maintaining order and promoting civil liberties. The quality of a legal system is also affected by social movements.
Characteristics of legal institutions
A major concern of American society is the failure of American legal systems to meet the needs of the American public, especially the poor. Individual rights should not depend on social status or income, and several studies have identified structural barriers that prevent equality before the law. While economic theories may explain some patterns of legal service use, they do not fully account for patterns of public-attorney usage. Instead, social organizational characteristics of legal institutions offer the most comprehensive explanation of legal service use.
Impact of legal order on society
Law and legal order affect society in several ways. For one thing, they both modify the basic social institutions. For another, they influence and change social behavior. Examples of law-driven social change are the abolition of child marriage and polygamy. Other examples are the abolition of sati, dowry, and untouchability. Although not all aspects of society are affected equally, laws can be considered as an agent of change.