Laws have existed in the human society for many years. They have been incorporated to become the part of human morality and psyche. If the laws were removed, then human beings would still be guided by morality because the various laws are entrenched in history and different levels of the society. Human beings are normally governed by two different types of laws namely the human laws and the natural laws. Human laws are created by people and are a direct practice of their sovereignty. They determine which behaviors, which are acceptable and unacceptable in the society. On the other hand, the natural laws are inherently obtained and mostly emanate from religious belief such as the Ten Commandments. Therefore, it is evident that the society has always existed with laws which have played a role in creating societal boundaries defining what is regarded as lawful and unlawful. Lawful acts are those that conform to the societal principles and values while the unlawful acts, which are subject to punishment, go against these tenets.
In understanding the relationship between society and law, it is first important to understand the concept of jurisprudence. It is described as the principles which are responsible for the creation of law. Modern jurisprudence traces its origin in the 18th century and has since focused on civil law, natural law, and the law of nations. Jurisprudence explains the relationship between law and society in two broad ways. First, it gives its perspectives on the ideas of natural law, and secondly, it furthers by describing the aspect of legal positivism. In discussing natural laws, the principle of jurisprudence appreciates the fact that human-created laws and nature are vital in the creation of laws. Timasheff (1937) asserted that legal positivism, on the other hand, holds the fact that laws come from various social facts and therefore, there is no relationship between law and morality. Another modern perspective of jurisprudence known as legal realism postulates that laws take shape depending on how it is practiced by officers such as judges, lawyers, and legislatures.
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In further understanding the necessity of law in the society, it is critical to analyze the aspect of the social order. Social order is mainly related to institutions, structures, customs, values, and relations that dictate a certain pattern of behaving and relating. Examples of social orders include the capitalist, feudal, and ancient social orders. Social order can further be looked through the lenses of a stable economy in which the societal members accept certain ways and in most cases signal a lack of chaos and order. Most laws in are derived from what is generally regarded to be in tandem with the social order of a given community. The laws, therefore, are formulated to strengthen the institutions and system which promote social order and therefore prevent chaos from taking place. Another critical aspect that can be helpful in understanding the importance of law in the society is by critically analyzing what is referred to as the philosophy of law. This is a philosophical viewpoint that attempts to define the precepts of the law, what is regarded as legal validity, and the relationship exhibited between morality and law.
In furthering the understanding of law and its necessity in the societal domain, it is vital at this juncture to discuss what amounts to crime and criminals. Mancini (1978) noted that crime is described as the illegal act that is either punishable by the state or any other authority with the jurisdiction. However, it is important to note that the word crime lacks a single universal definition and has thus been regarded as an aspect created by law. One definition associates crime to its overall effect on the society or what is otherwise referred to as ‘’public wrong.’’ Therefore, in this scenario, crime is viewed as an offense that not only has implications for an individual, but the community, society, and the state in general. The universality of crime and offenses is another critical aspect of the discussion of law and its importance to the society. It is important to note that acts such as murder, theft, and rape are universally unacceptable in every society. The role of prison and jails in the legal system is also an important aspect of exercising laws on the societal level. The prisons and jails are normally used to accommodate convicted criminals or those awaiting trial. They are therefore used in alienating criminals from the law-abiding members of the society. Therefore, the presence of these facilities is a show of law enforcement in a manner that benefits the society at large.
It is important to understand the tenets of the rule of law. Every society must be ruled by law and not self-interest as seen in the arbitrary rule. The law-enforcement agencies must always practice law with utmost impartiality and consistency. The laws play a critical role in the society because they provide guidance by outlining what is legally permitted, required, or prohibited. When the laws are constantly changing or are unclear, it becomes difficult for the members of the society to remain within the bounds of the law. The courts are also an important institution in the interpretation of the law in a manner that affects the family members. The courts must be able to show independence from other state organs in the pursuit of being impartial and applying the law in the best interest of justice without any due influence. A society without laws would result in a state of anarchy where people perform actions that are not bound by any legal framework. King & Vivian, (1968) asserted that there are several negative effects that a state of lawlessness can cause in a country. Some of the effects include criminal activities, gender-based violence, treason and other political crimes, and the violation of the basic human rights. It is important to appreciate that most of the laws that are created in various societies are derived from the values and norms practiced in the same societies. The absence of the laws would, therefore, mean that most of the moral standards of the society would be nonexistence thereby further leading to anarchy.
Several roles can be played by law enforcement in the society. They include protection, prevention, retribution, rehabilitation, and finally reparation. The law has a protective value as it hinders people from practicing unlawful deeds that can cause harm to others. Therefore, the law enforcement groups have a sole duty to protect individuals in the society based on the provisions of the law. The laws created are binding and therefore what is regarded as right or wrong must be consistent throughout. It is also vital to note that as much as the laws are important in promoting human rights, it is critical to note that the end of another citizen's rights is the beginning of the rights of another and vice versa. Laws have a preventive value in the society because they have a tendency of making people not want to act in an unlawful manner. They laws caution, guide, and provide various legitimate channels which can be pursued by every member of the society in ensuring that the rule of law prevails at all times.
Another important characteristic of the law is that it offers a channel for retribution where revenge is exerted on people who acted unlawfully. This is mainly overseen by the court's systems which have a mandate to ensure that justice is restored upon those who have faced tribulations at the hands of others. It is common knowledge that without proper mechanisms to exert revenge on the lawbreakers, the society might resort to other unprecedented means of solving disputes such as the use of mob justice. In a civilized society, the court remains the only arbiter that has the mandate of determining justice and punishment to the lawbreakers. Punishment is mainly given in a form that promotes rehabilitation in the convicted criminal. It involves taking certain measures that can restore the abidance to the law once again. In equal measures, the laws structured in the society will ensure that there is reparation. In this case, the law must be critical of ensuring that those who have suffered from unlawful acts are immensely compensated.
In conclusion, it is first important to appreciate the fact that laws originate from the society. Some of the factors in the society that lead to laws include norms, values, philosophies, and social orders among others. Therefore, it means that lawlessness in the society means that the society is devoid of structures and systems that promote coexistence and value for each other. Laws are important in ensuring justice and preventing any prospect of anarchy in society. Therefore, the rule of law sets a culture whereby justice is upheld, and people are protected equally irrespective of their position in the society.
References
King, M. L., & Vivian, C. T. (1968). Letter from Birmingham jail . Pearson.
Mancini, M. J. (1978). Race, economics, and the abandonment of convict leasing. The Journal of Negro History , 63 (4), 339-352.
Timasheff, N. S. (1937). What Is" Sociology of Law"?. American Journal of Sociology , 43 (2), 225-235.
