Functions of Law

Question 1

What is the sociology of law?

Answer 1

It is the study of the relationship between law and society, focusing on how law impacts society and vice versa.

Question 2

What are the two social theories on how law came into being? (2)

Answer 2

1. Consensus Theory
2. Conflict Theory

Question 3

What is the Consensus Theory?

Answer 3

The view that laws are created based on agreement or ‘consensus’ among members of society, reflecting shared norms and values.

Question 4

What are norms?

Answer 4

Share expectation of behavior that connotes what is considered culturally desirable or appropriate

Question 5

What are values?

Answer 5

Mental estimations held by members of a society about what is important or unimportant, ethical or unethical, appropriate or inappropriate in a society

Question 6

What is the Conflict Theory?

Answer 6

The idea that law results from coercion rather than consensus, and that it serves the interests of the powerful over the weak.

Question 7

What are the three main functions of law in society?

Answer 7

1. Social Control
2. Dispute Resolution
3. Social Change

Question 8

What is the function of law as a tool for social control?

Answer 8

It maintains order in society through the threat of punishment and seldom based on reward, encouraging obedience to the law.

Question 9

What are the two mechanisms for social control through law?

Answer 9

1. Internalization of group norms
2. External pressures enforced by officials with authority

Question 10

What is the role of law in dispute resolution?

Answer 10

It provides formal processes, such as negotiation, mediation, and litigation, to resolve disputes in society.

Question 11

How does law function as a tool for social change?

Answer 11

It promotes social change by outlawing practices like slavery and racial discrimination, and supporting progressive reforms.

Question 12

What are the four ‘Ends and Effects’ of law?

Answer 12

1. Justice
2. Equity
3. Human Rights
4. Equality

Question 13

How is justice defined in the context of law?

Answer 13

Justice is ‘due process in action,’ ensuring fairness, fair play, and the protection of rights through the legal system. It is the bedrock principle in law. Justice is the first assault upon egoism

Question 14

What is the concept of equity according to Aristotle?

Answer 14

Equity is the ‘rectification of law’ to address the imperfections of general legal rules, ensuring fairness and mercy in legal decisions.
Equity is justice tempered with mercy; justice outside legality

Question 15

What are some recognized equitable principles in environmental law?

Answer 15

1. Common but differentiated responsibilities
2. Sustainable Development
3. Intergenerational equity

Question 16

What are human rights?

Answer 16

Sets of principles, laws, and standards designed to protect human dignity, characterized as being universal, inherent, inalienable, and indivisible.

Question 17

What is ‘equality before the law’?

Answer 17

It means all individuals have equal opportunities before the law and receive equal protection under it.

Question 18

What are the requisites for a valid classification under the principle of equality?

Answer 18

1. Based on substantial distinctions
2. Germane to the purpose of the law
3. Not limited to existing conditions
4. Applicable to all members of the class

Question 19

What is the difference between Consensus Theory and Conflict Theory?

Answer 19

Consensus Theory sees laws as reflecting societal norms and values, while Conflict Theory views laws as tools used by the powerful to maintain control over the weak.

Question 20

What is the role of norms and values in the creation of laws under Consensus Theory?

Answer 20

Norms (shared behavioral expectations) and values (ideas of right and wrong) are transformed into laws that reflect society’s standards.

Question 21

What is coercion in the context of Conflict Theory?

Answer 21

Coercion refers to the use of power to enforce laws that serve the interests of the dominant group in society.

Question 22

What is the principle of intergenerational equity in environmental law?

Answer 22

It ensures that the current generation uses natural resources in a way that does not compromise the ability of future generations to meet their needs.

Question 23

What is the principle of ‘common but differentiated responsibilities’?

Answer 23

This principle acknowledges that all states are responsible for environmental protection, but developed countries have greater responsibilities due to their historical contributions to environmental degradation.

Question 24

What does ‘justice outside legality’ mean in relation to equity?

Answer 24

It refers to the application of fairness and mercy in legal decisions, even when the strict application of the law may lead to unjust outcomes.

Question 25

What is the purpose of dispute resolution in the context of the functions of law?

Answer 25

To provide a structured process for resolving conflicts peacefully, through methods such as negotiation, mediation, and litigation.

Question 26

What is ‘due process’ in relation to justice?

Answer 26

Due process refers to the legal requirement that the state must respect all the legal rights owed to a person, ensuring fairness and justice in legal proceedings.

Question 27

What are the characteristics of human rights?

Answer 27

1. Universal
2. Inherent
3. Inalienable
4. Indivisible

Question 28

How does law contribute to social change?

Answer 28

Law acts as a vehicle for social change by prohibiting practices like discrimination, promoting equality, and supporting social reforms.

Question 29

What is ‘sustainable development’ in the context of environmental equity?

Answer 29

Sustainable development aims to balance economic development with environmental protection, ensuring resources are used responsibly for future generations.