FUTURE OF LAW | ||
| مجلة الدراسات القانونية والاقتصادية | ||
| Article 3, Volume 3, Issue 1, June 2017, Pages 1-22 PDF (228.09 K) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jdl.2017.102120 | ||
| Author | ||
| رجائى حسين الشيتوى* | ||
| أستاذ القانون الدولى الخاص کلية الحقوق - جامعة مدينة السادات | ||
| Abstract | ||
| 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. | ||
| Keywords | ||
| FUTURE; LAW | ||
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