ITL Chapter 1: Functions of Law Flashcards
What are the functions of Law?
Saya - Social Control
Cari - Conflict Resolution
Folio - Facilitative Function
Interview - Integrative Function
Solo - Social Engineering
Solo - Social Welfare
What does it mean by Social Control?
-Using law to regulates the lives of members of society
What are the 3 categories of Human Actions?
1) Obligatory - Wearing seatbelt when driving
2) Permissible - Eating nasi lemak/roti canai for breakfast
3) Forbidden - Murder
What are the 2 forms of social control in society?
Formal - Formal social control through statutes and legislation (For example; prohibition of Murder in Section 300 of the Penal Code - Punishment of Murder in Section 302) (formally prevents people from committing murder by imposing punishment)
Informal - Consist of unwritten rules that guide behaviour without being legislated as law (For example; In Malaysia it is customary to take off one’s shoes before going into someone’s house) (Not in any statutes but Malaysians follow it - indicating informal social control)
Give example of law whose purpose is for social control;
Criminal Law - Penal Code deals with criminal law, listing acts considered as crimes alongside the punishments for committing them.
What is the aim of Social Control?
Achieve stability, peace and order in society by preventing crimes and punishing those who commits them.
What does it mean by Conflict Resolution?
- Using law as a medium to resolve any conflicts that arise in society. Law provides a means of resolving legal disputes, ensuring that members of society do not take the law into their own hands.
What are the 3 ways of Conflict Resolution?
-Courts (Litigation)
-Tribunals
-Alternative Dispute Resolution (ADR)
What does the Rule of Court 2012 emphasizes?
-Process of bringing disputes to court
-Enforcing people’s rights
-Methods courts use to provide solutions
What is court and what is the function of court?
Courts are institutions established to provide solutions to disputes faced by people.
-Primary function of court is to determine and decide the conflicting issues between two parties involved in legal disputes
-Achieve justice, preserve peace and order and maintain the rule of law
What is the Tribunal
-Special Court/ Group of people, chosen by the government to examine particular legal problems. (specific subject matters and limited jurisdiction)
-Example; Tribunal for Consumer Claims under Consumer Protection Act 1999 (provide alternative medium for consumer to seek compensation)
What is the Alternative Dispute Resolution (ADR)?
-Conflict resolution that avoid the hassle of court procedures and expensive legal courts plus extensive documentation
-Include arbitration and mediation
What is arbitration?
-A process where an impartial third party is appointed and give a decision in resolving the conflict
-Court use judge, ADR use arbitrator
-The parties involved must agree to use and abide to the arbitrator’s decision
-Good alternative to court (reduce burden of cost and time) (maintain privacy because not accessible to the public)
What does it mean by Facilitative Function?
Law serves as a medium to facilitate the lives of people in society. Provides a medium to assist in achieving common goals without conflict arising
Give an example where Law express its Facilitative Function
Law of contract - Essential that an agreement is made between two or more parties, creating obligations for those involved - when parties promise to do something and formalise it into contract - under legal duty to fulfill it
Family Law - deals with family matters, marriage, divorce, child maintenance and custody - assist society handle family matters
What does it mean by Integrative Function?
Law promotes unity among members of society, brings social cohesion - Promotes unity by combining multiple interests into one achievable goal that benefits everyone
Give an example of Integrative Function of law
- Rukun Negara (declared in 31 August 1970) in conjunction with 13th Malaysian Independence Day - introduced due to the 13th May 1969 incident that affected racial harmony - main objective is to form a solid social unity in Malaysia
-National Language Act 1963/67 - Malay Language as the national language - promotes social unity with one language as the national language, used in formal matters or occasions
What does it mean by Social Engineering?
Law serve as a tool to manage social change and regulate the future development of society - maximize equal opportunity and status for all members of society (goverment provides facilities that benefit society, ensure it is accessible to all of members of society)
Give an example of Social Engineering
In terms of education; due to the power that knowledge brings, the younger generation should be given opportunity to seek knowledge without facing prejudice, increase access to primary and secondary education, hence minimizing the knowledge gap different segments of society
What does it mean by Social Welfare
Law is an instrument that can promote social welfare When the government legislates laws, one of its objectives is to uphold the welfare of the people - make sure all members of societies can enjoy the benefits instead of certain group of people only
What does Laws that cover Social Welfare usually provide?
–Fulfillment of minimum living standards, food and shelter. Identify groups in need and develop laws to improve their condition.
Give an example of Social Welfare provided by Law
National Policy for Quality Healthcare 2022/26 - Ministry of Health is tasked to provide the best healthcare services to Malaysians and ensure the best treatments in public hospitals - low payment to ensure it is accessible for everyone
Legal Aid Act 1971; legislated to assist people who need legal services but cannot afford them - provide free or minimal-cost legal aid to those unable to pay
