Assignment Overview on: Law and Society

Assignment Question:

Question 1

Justify the statement that law and society have a relationship.

Question 2

In your opinion explain four (4) functions of law within your organization of work or study.

Question 3

Law is promoted but not accessible to all. Justify this statement

Question 4

As a member an institution, explain five(5) indicators of the laws that govern this community.

Question 5

Explain four (4) functions and four (4) dysfunctions of law

Assignment Solution:

Answer: it has been established that law is the system comprising legal rules relating with the structure, immunities, rights and duties and liabilities and powers of the state which falls in the domain of public law and legal rules which regulate the relationship between the citizens which falls in the domain of private law. These rules can be found in the shape of legislation, regulations (secondary legislation), policy guidance and case law. The legislative makes the rules and the executive formulates and executes these rules. This arrangement is called the separation of powers. There are several issues which need to be considered while justifying their relationship between law and society (Braye and Preston-Shoot, 1997). It has been acknowledged that a large number of citizens are ignorant of the law which results in their powerlessness to invoke the law when required. On the other hand, it is assumed by legal rules that the ignorance of the law cannot be pleaded as a defense. Moreover due to the complex nature of legal rules and statutes, there is a risk that the law could become solely the preserve of lawyers only (Braye and Preston-Shoot, 1999). The relationship between law and society becomes clearer when we see the responsibilities imposed by the law on the citizens. For example a responsibility is imposed on the parents to look after the children and in case this responsibility is breached, the law imposes penalties on them. We can say that the continuity between legal rules and social and cultural values help in ensuring the confirmation of the legal rules by the society.

Question 2: In your opinion explain four (4) functions of law within your organization of work or study.

Answer: Law is a system of rules which are set by the society for maintaining order and protecting against harm to people and property. Law can be classified into civil and criminal law. While the criminal law takes charge of the criminal behaviors and the criminal judicial system handles it. On the other hand the civil law his undertaken by the civil system to regulate the behavior of individuals and society (Cotterrell, 1992). Some of the key functions of law and business organizations are mentioned below:-

Dispute resolution: Dispute is generally a misunderstanding or a disagreement between two or more parties in the business organizations or outside the business organizations which occurs between individuals. Law also helps in maintaining the standards of acceptable behavior in the organization. Another function of law in the organization is to maintain peace and order in the organization. Law also helps the organization is to make reliable plans regarding future business transactions. Another role played by law in organizations is the protection of moral values. Law also helps in maintaining accountability for the actions which can cause loss of the organization (Catherine, et al, 1996).

Question 3 Law is promoted but not accessible to all. Justify this statement

Answer: It is always the endeavor of all the governments to safeguard the legal security of the people seeking justice. The access to law depends on the cost of it which differs in highly regulated countries and the less regulated countries. The lack of data regarding the cost of judiciary system also makes it difficult. Public legal education is to not very prevalent even in developed countries. However it is widely knowledge that the people must have knowledge regarding ways to manage law in their everyday lives. A large number of problems related with civil justice who unresolved every year due to the lack of knowledge among the people regarding their rights. Several reports have found that the poor and vulnerable are at the most position when it comes to knowledge regarding their legal rights (Denis and Smith, 1998).

Question 4: As a member an institution, explain five (5) indicators of the laws that govern this community.

As a principle rule of law means that no one is considered above the law. The rule is based on the idea that truth and therefore law are based on fundamental principles which can be discovered but cannot be created by the will of the human beings. They rule is intended to act as a safeguard against arbitrary governance. Rule of law is the major requirement for governance in society as well as in organizations. It generally refers to the principle of governance which treats all persons and entities; whether public or private including the state has accountable to the laws promulgated in the society and which are consistent with the international standards of human rights. The indicators indirectly measure the elements which taken together can be used repeatedly to assess the progress made towards specific objectives. Indicators are increasingly being used in areas of public policy business and science as a mechanism for accountability in private companies and public institutions. These indicators can be used to measure performance regarding the creation and maintenance of rule of law in the organization. Special attention needs to be paid to vulnerable groups while deciding the indicators in the community. It has been generally seen that victimized nation is high in case of the poor and the vulnerable as these groups typically face barriers in access to justice (Esther, 2007). Modern capitalism is based on liberty and predictability and depends heavily on the rule of law. The business leaders and organizations understand that the economic liberties cannot be separated from the civil liberties. Economic freedom and celebrity are two inseparable things. There are several rules and regulations which applied to the business organizations today.

Question 5: Explain four (4) functions and four (4) dysfunctions of law

Answer: all societies have their own mechanisms for declaring, administering and enforcing the rules of law. Law has several functions which include maintaining social control. The social control is the former social control over the society (Popham, 2009). Law is also responsible for the dispute settlement among the individuals and entities in the society. Another function of law is the introduction of social change in the society. There are some dysfunctions of law also which have been noted by the experts. The dysfunctions of law include the country the tendency of the law. It also has a rigid and former structure. The potential for overregulation is another dysfunction of the law. There is also potential in law to reinforce injustice for example promoting discrimination in the society. Law can be termed as a social and cultural phenomenon. It changes with the changes in society and it also impacts social changes.

References:

Braye, S. and Preston-Shoot, M. (1997) Practising Social Work Law (2nd ed). London: Macmillan.

Braye, S. and Preston-Shoot, M. (1999) ‘Accountability, administrative law and social work practice: redressing or reinforcing the power imbalance?’ Journal of Social Welfare and Family Law, 21(3), 235-256.

Catherine, E et al, 1996, Legal system, Longman: New York press.

Cotterrell, R. (1992) The Sociology of Law: An Introduction (2nd ed), London: Butterworths.

Denis, K & Smith, K 1998, English law pitman pub, London.

Esther, B 2007, ‘commercial law literacy: what does it do, to whom and does it matter?’, journal of law, vol. 36, no 2, summer, pp 101-110.

Popham, B 2009, ‘Saving the future’, Weekend Australian Magazine, 7-8 Feb., p. 10.

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