THE NATURE AND FUNCTIONS OF LAW

Naturally, the concept of law as simple as it may sound, it is not easy to answer as law may mean different things to different people. While a physicist speaks of the Newton’s law of motion, the economist may speak of law in terms of demand and supply. For the purpose of this, we shall look at the different definitions of law given by different scholars of law. It is also important to note that none of these definitions are authoritative for there are many definitions as there are writers.

Karl Llewelleyn (1893-1962) defines law as what the officials do about disputes.

Herman Max Gluckman (1911-1975) defines law as the whole reservoir of rules from which judges draw for their decisions.

Sir William Blackstone (1723-1780) defines law as the rule of action which is prescribed by some superior and which the inferior are bound to obey.

Sir John W.Salmond (1862-1924) defines law as the body of the principles recognised and applied by the State in the administration of justice.

Therefore, law is a rule which stipulates how persons should behave. Law is also regarded a s a code of conduct for persons, institutions and societies in general. See the case of Lagos State v Ojukwu (1986)1 NWLR pt. 18 p.621 where law was stated to generally mean:

1.     The rules and regulations of a particular country

2.    The rules usually made by the legislative arm of government, which orders the way persons, bodies and societies should behave.

3.    The whole system of the rules in a Country.

FUNCTIONS OF LAW

Specific laws are made to achieve a particular objective in the society. For example, the Criminal Code was enacted to regulate crime in the society, the Company and Allied Matters Act to regulate the formation of companies and so on. However, there are also general functions of law in totality. Some of these general functions are:

•  Definition and Regulation of Social Relationships
• Identification and Allocation of Official Authority
• Dispute Settlement and Remedies
• Change of Law

The above would be examined one after the other.

Definition and Regulation of Social Relationships: This means that the law helps to define the kinds of relationship among individual members of the society that would be recognised by it. For instance, under the Marriage Act, a valid marriage is a union between a man and a woman. Thus, unions between couples of the same sex are not recognised in the Nigerian Legal System.

Furthermore, the Constitution provides in S.40 that there is freedom of association between members of the society. However some other laws like the Company and Allied Matters Act provide for steps to be taken before a company could be registered as such and is recognised by the law as a distinct legal person.

In all, the law regulates the relationship between members of the society in order to prevent associations or relationships that would end up being harmful to the society.

Identification and Allocation of Official Authority: Another function of law is that it helps to grant authority in those chosen by the society whether expressly or indirectly. For example, the 1999 Constitution establishes the Legislature, Executive and Judiciary in the provisions of SS.4, 5 and 6 respectively. The provisions not only establish them, their specific duties are also provided for.

Dispute Settlement and Remedies: In the course of interaction amongst members of the society, there is always bound to be strife between members. The law comes in situations like this to provide for the procedures in which these issues can be resolved and if need be, the provisions of remedies for the breach of the rights of members of the society.

The law achieves this through the instrumentality of the judicial system.

The method of dispute resolution adopted by the society depends on its size and complexity. If it is a small and simple society, disputes would be resolved in a way that would ensure continued relationship among the members. If it is a complex society in which parties have no need for further relationship, the disputes would be resolved in a way that apportions blames and grants remedies as adequately needed.

Change of Law: Another function of law is that it provides methods by which the laws can be modified in order to meet the needs of the changing times. For example, the Constitution in S.4 vests in the legislature the power to make laws for Nigeria. This means they can re-enact laws and correct anomalies in them. The specific processes to be followed by the legislature in enacting laws for the federation are provided for by the Constitution in S.58.

Also, the Constitution provides in S.9 the procedures to be followed in amending its content. The provision of methods for amending laws goes a long way to end ambiguity as to how the laws should be modified to suit the needs of the society.