1.
PRINCIPLES OF LAW
Law and ideology
• If law is a system of
enforceable rules
governing social
relations and legislated
by a political system, it
might seem obvious
that law is connected
to ideology.z
1

2.
PRINCIPLES OF LAW
•Ideology refers, in a
general sense, to a system
of political ideas, and law
and politics seem
inextricably intertwined.
2

3.
PRINCIPLES OF LAW
• Just as ideologies are
dotted across the political
spectrum, so too are legal
systems.
• most people probably
assume that a law is the
legal expression of a
political ideology.
3

4.
PRINCIPLES OF LAW
•One would expect the
practice and activity of law
to be shaped by people's
political beliefs, so law
might seem to emanate
from ideology in a
straightforward and
uncontroversial way.
4

5.
PRINCIPLES OF LAW
•Law and social being
Karl Marx argued that “the
foundation of social being and
history is predicated on
something entirely necessary
for our survival; he calls this
the mode of production”
5

6.
PRINCIPLES OF LAW
Karl Marx focuses on this
mode of production and
its relationship with law.
He thinks of law as being an
ideology that is used to
maintain the existing
mode of production, for
example in his society he
would see that the law is used
to maintain a capitalist society
6

7.
PRINCIPLES OF LAW
•Therefore the ruling
class is able to
maintain its
domination in
society by instilling
rules through law which
substantiate the
system.
7

8.
PRINCIPLES OF LAW
• It can be argued that the
dominating class in Canada today,
are Caucasian white males, who
manipulate the law to maintain
their status in society. For
example, women are equal before
the law, yet in certain occupations
such as business and legal areas
they are grossly underrepresented.
8

9.
PRINCIPLES OF LAW
• Administrative justice
relates to the law,
procedures, and
systems that individual
members of society can
use to challenge
decisions, typically made
by state institutions,
which regulate their lives.
9

10.
PRINCIPLES OF LAW
• The administrative
justice system is a key
mechanism for
individuals to hold the
state to account, and
as such is important to
the overall legitimacy
and accountability of the
wider justice system.
10

11.
Purposes and Functions of Law
• The law serves many purposes
and functions in society. Four
principal purposes and functions
are
1. Establishing standards,
2. Maintaining order,
3. resolving disputes,
4. and protecting liberties and
rights.
11

12.
The four functions of law
provide a basis for how society
would optimally function.
Defending people from evil
declares that the law will
protect humans from other
people who want to do harm
to mankind.
12
Purposes and Functions of Law

13.
Promoting the
common good
essentially provides
support to those who
organize themselves
into a group to fight for
specific rights.
13
Purposes and Functions of Law

14.
In the case of
resolving disputes,
it provides
support to people
who cannot agree
with another
person, such as
during a divorce.
14
Purposes and Functions of Law

15.
Encouraging people to do
the right thing came about
during Aristotle's time, but it
still remains true today.
Having a law system helps
people feel more
comfortable about reporting
injustices and crimes that
they may witness.
15
Purposes and Functions of Law

16.
1. Establishing Standards
The law is a guide post for minimally
acceptable behaviour in society. Some
activities, for instance, are crimes because
society has determined that it will not
tolerate certain behaviours that injure or
damage persons or their property.
• For example, under a typical state law, it is a
crime to cause physical injury to another
person without justification—doing so
generally constitutes the crime of assault.
16
Purposes and Functions of Law

17.
2. Maintaining Order
This is an offshoot of establishing
standards. Some semblance of
order is necessary in a civil society
and is therefore reflected in the
law. The law—when enforced—
provides order consistent with
society’s guidelines.
17
Purposes and Functions of Law

18.
3. Resolving Disputes
Disputes are unavoidable in
a society made of persons with
different needs, wants, values, and
views.
The law provides a formal
means for resolving disputes—the
court system.
18
Purposes and Functions of Law

19.
In a Federal States, there is
a federal court system and
each state has its own
separate court system.
There are also various less
formal means for resolving
disputes—collectively
called alternative dispute
resolution (ADR).
19
Purposes and Functions of Law

20.
4. Protecting Liberties and
Rights
The constitutions and statutes of the
United States and its constituent
states provide for various liberties
and rights.
A purpose and function of the law is
to protect these various liberties and
rights from violations or
unreasonable intrusions by persons,
organizations, or government.
20
Purposes and Functions of Law

21.
For example, in the United-
States, subject to certain
exceptions, the First Amendment
to the Constitution prohibits the
government from making a law
that prohibits the freedom of
speech.
Someone who believes that his
free speech rights have been
prohibited by the government
may pursue a remedy by bringing
a case in the courts.
21
Purposes and Functions of Law

22.
You have probably
realized that laws may
serve more than one
principal function and
there are obviously more
principal functions than
the four that we have
identified.
22
Purposes and Functions of Law

23.
QUIZ
1. Law is connected to ideology
• True
• False
2. Law refers to a system of political ideas
• True
• False
3. Law and politic are separable
• True
• False
23
Bấm để thêm nội dung
Bấm để thêm nội dung

24.
4. Mode of production doesn’t have relationships with law
• True
• False
5. Law is used to maintain the existing mode of production
• True
• False
6. Administrative justice relates to the law, procedures, and systems that
individual members of society can use to challenge decisions
• True
• False
24

25.
7. Purposes and Functions of Law
a. Establishing standards, Maintaining relationships, Resolving disputes,
Protecting conflicts.
b. Establishing relationships, Maintaining order, Resolving disputes, Protecting
liberties and rights.
c. Establishing standards, Maintaining order, Resolving disputes, Protecting
liberties and rights.
8. The law will protect humans from
a. Justice system
b. Other people who want to do harm to mankind
c. Groups fighting for specific rights
9. The law
a. Promote the common good
b. Promote special organizations
c. Promote special social groups
25

26.
10. In case of resolving dispute, the law provides
a. Support to divorce
b. Support to people who neglect conflict
c. Support to people who cannot agree with other person
11. The law is a guide post for minimally acceptable behaviour in society
• True
• False
12. The law provides order consistent with society’s guidelines.
• True
• False
13. The law provides a UNFORMAL means for resolving disputes
• True
• False
26

27.
Question
1.What are the functions of law?
Reference
http://www.businesslawbasics.com/chapter-3-purposes-and-functions-law-1
27