Why we need a law? What functions does the law have in our localities? As the
issue of the definition of law, there is no agreement among scholars as to the
functions of law. Jurists have expressed different views about the purpose and
function of law. It is well known that law is a dynamic concept, which keeps on
changing with time and place. It must change with changes in society. Law, in
the modern sense, is considered not as an end in itself but is a means to an end.
The end is securing social justice. Almost all theorists agree that law is an
instrument of securing justice. As Salmond rightly pointed out, “law is a body of
principles recognized and applied by the State in the administration of
justice." Even Hobbes and Locke recognised the positive role of law when they
said, “the end of law is not to abolish or restrain but to preserve or enlarge
freedom and liberty." For the Philosopher Kant, the aim of the law is the
adjustment of one's freedom to those of other members of the community.
Bentham gave a very practical version of the purpose of the law, which
according to him, is the maximization of the happiness of the greatest number of
the members of the community.
According to Holland, the function of law is to ensure the well-being of society.
Thus it is something more than an institution for the protection of individuals'
rights.
Roscoe Pound attributed four major functions of law, namely: (1) maintenance
of law and order in society; (2) to maintain status quo in society; (3) to ensure
maximum freedom of individuals; and (4) to satisfy the basic needs of the
people. He treats law as a species of social engineering.
The Realist view about the purpose and function of law is that for the pursuit of
the highest good of the individuals and the state as such a controlling agency.
The object of the law is to ensure justice. Justice may be either distributive or
corrective. Distributive justice seeks to ensure a fair distribution of social
benefits and burden among the members of the community. Corrective justice,
on the other hand, seeks to remedy the wrong. Thus if a person wrongfully takes
possession of another's property, the court shall direct the former to restore it to
the latter. This is corrective justice. Rule of law is the sine qua non for evenhanded
dispensation of justice. It implies that everyone is equal before law and
law extends equal protection to everyone; judges should impart justice without
fear or favour and like cases should be treated alike.