General Functions of Law

 

Law, whether spiritual, natural or human is a necessity for orderly, right and good life in every society. The functions or relevance of law to society are numerous and cannot be enumerated. However the following may be regarded as the functions of law in the society:

1.       Law is meant to ensure and maintain order and tranquillity in the society. It is obvious that where there is a group of person contradictions and conflicts are bound to occur, It therefore becomes imperative that a social control mechanism has to be evolved for the prevention and resolution of dispute as a means of inducing peace and order in the society.

2.      Law is meant for the preservation of the existing legal system. Where there is a threat to the existing legal order such as attempting to overthrow an existing government otherwise than through a due political process or where people incite the general public against the government, the law of treason and sedition will apply to punish the culprits. In this regards section 1(2) of the 1999 Constitution (as amended) provides thus:

“The federal republic of Nigeria shall not be governed nor shall any person or group of persons take control of government of Nigeria or any part thereof except in accordance with the provision of the constitution.”

This section of the constitution is meant to check and control militant political association as well as other recalcitrant from taking over the government.

3.      Law helps to guarantee and ensure freedom, liberty and right of an individual. Chapter four of the 1999 constitution (as amended) entitles “fundamental human rights” which guarantees right to life, dignity of human person, personal liberty, fair hearing, freedom of thought, conscience and religion, freedom of expression and freedom of movement etc.

The facts that many constitutional documents promote and guarantee fundamental rights and liberties show the extent to which law has its ideal, aim and function, the maintenance of freedom and liberty of individual.

4.      Law is a code of conduct or a means of establishing standard. The law helps to set a standard for individual conduct. It is a guide post for minimally acceptable behaviour in the society. Some activities are crime induced simply because the society through the legislative body has determined not to tolerate such activities or behaviour that damage persons or their properties. For instance legally speaking, it is a crime to cause physical injury to the body of another person without justification. This act generally constitutes a crime of crime and punishable under section 264 of the Penal code. At this point, it is obvious that law makes man’s behaviour in a given situation to be predictable. This is so because it has set limitation for an individual action in any given society.

5.      Law is used for the protection of property by recognising ownership of property and protecting the owner from unlawful appropriation. In this regards section 286 of the Penal Code defines the offence of theft as the appropriation of the property of another person without his consent and with the intention to permanently deprive that person of the use of his property. Section 43 of the 1999 Constitution (as amended) also stipulates that subject to the provision of this constitution, every citizen of Nigeria shall have the right to acquire and own immoveable property in Nigeria.

6.      Protection of weak segment of the society: certain laws are made to protect the weak segment of the society and vulnerable segment of the society such as the Illiterate Protection Laws, the Infant Protection Laws and the Child Rights Act etc.

7.      Law is used to preserve societal values. Although law differs from morality, religion, custom and culture, it nonetheless reinforces societal values.

8.     Law also creates or establishes law enforcement agencies, institutions, administration of justice system, penal and correctional institutions and facilities.

9.      Law also grants remedies and justice to those who have been wronged.

10.  Law helps or enables individuals or bodies to actualize or express theirselves. It enables an individual to actualize himself, do his business and live his life in a lawful way.

11.   Law is a means of organising, structuring, improving and developing any individual, institution, society, State or country. For instance, a constitution which is a legal document may be written to structure a country and its constituent parts, create offices, stipulate conditions to occupy or vacate office and assigns functions, powers and limit to public offices.