Current legal system
Law is one of the difficult terms to precisely define. This has led to so many scholars and researchers to come up with varying definitions of law and this makes it even harder to even understand law and the correlation with the society (Bradley 2015). This has therefore ended up building up of varying assumptions that have been made in efforts to understand law and the relationship with the society (chapter 2). Legal formalism is one of the assumptions that have been viewed as influential since the nineteenth century up to date. This assumption stands out as the central theory that contributes towards the study of law (Bradley 2015). This assumption argues out that law is a self-sufficient system of reason in which it is self-determining from the social and the moral considerations. This view is not interested with fairness and justice but rather they are concerned with logical rules.
The pluralist assumes that the society is packed with significant groups who basically compete against each other for wealth, supremacy and influence. As they compete for these things they try to influence how legislation passes and how social policies are enacted. This assumption argues that law serves as an unbiased referee between the competing interesting parties (Durkheim 2014). Law therefore in this assumption does not take any side but rather ensures that the conduction of this completion is just and fair.
Conflict theory on the other side assumes that law is dysfunctional particularly for the society. It therefore argues that law is characterized by inequality thus contributing to inequality of the society (chapter 2).
It also assumes that the socio-demographic crowd differs on significant legal issues in ways that reveals their life experiences and the different levels of socio-economic ladder. It therefore generally assumes that the law is one sided and mostly takes the side of the powerful interesting groups amongst the competing interesting goods.
Law is quite important in any legal system. Any legal system uses the law to offer a logical, orderly and conventional mechanism used to resolve conflicts. As the law is used to maintain law and order among the citizens, the law helps to decide on what is right and wrong (Bradley 2015). This purpose of law therefore continues to offer a foundation for which a person leads a lawful life with the well being for the rest of the society (chapter 2). This therefore helps to ensure that the lawful citizens are protected from the unlawful. Basing on the judicial function, law is implemented to ensure that any ruling is just and fair due to the presence of the law (Vago 2015). The law therefore ensures that the unlawful; citizens are judged fairly and this protects the entire society. The law also protects the liberty and rights from being violated or being interrupted by the government, companies and individuals (Vago 2015). These laws are found in the constitution and statues of the Americans and other states. The law also has the function of setting of standards for minimal accepted behavior in the society. Therefore the law helps to determine activities which are not acceptable hence regarding them as crimes (chapter 2).
Conservatism tendency is one of the dysfunctions of law. This is where the legal system fails to use the law fairly hence ends up denying the innocent person fair justice hence resulting to the conviction of the innocent (Vago 2015). As they tend to maintain the status quo, they tendency of conservatism is applied. Discrimination is another dysfunction which results to inequality among the citizens (Bradley 2015).
The law is supposed to be equally applied on all citizens but the legal system may apply it unequally to some individuals and not all of them (Vago 2015).
Donald, who was a well-known sociologist, defined law as a governmental societal control where he argued that other rules are basically rules and not laws (chapter 2). Some of the scholars have conquered with him but others have differed with his definition. This is quite evident as the government system is the ones with the executive task of ensuring that these laws are implemented (chapter 2). The government acts as the legal system that ensures that there is law and order in the nation. The government ensures that disputes amongst different parties are resolved while the lawful citizens are protected from the unlawful citizens. However the same government may dysfunction the law by being unjust and unfair in their ruling (Bradley 2015). This definition is somehow similar with that of Austin as he defined law as a command of the rulers. It is these rulers who have the control over the others (chapter 2). However the definition allows for dysfunction since the rulers may never be subject of the law itself hence they may end up being unequal (Bradley 2015). Inequality is thus evident as the law is only one sided hence supporting the conflicting theory. Since the law is unequally applied to some individuals these rulers may not be subject of equal, fair and just judgment (Bradley 2015). According to the definition by Alfred, law is the maintenance and organization of order in the society by the use of physical force. The fear instilled by this law, restricts the citizens in the society from undertaking unlawful actions (chapter 2). The physical forces in the current legal system are represented by the police officers who ensure that law and order are implemented (Bradley 2015). It is through this physical force that the society is able to live at peace with one another for fear of breaking the law (chapter 2).
Adamson defines law as a social norm which is legal and when threat is neglected the application of the physical force is carried out only by the individuals or a group of people who are socially privileged to act upon the law binding (Bradley 2015). This is somehow true as those who fail to meet the rules and laws that are set by the culture are regarded as criminals hence an action ought to be taken (chapter 2). The action however cannot be taken by each and every individual but rather the few who are chosen and mandated by the society. However these individuals who are mandated with the task may be discriminative and hence they may end up not fairly, justly or equally offering the justice that is required.
References
Bradley, C. A. (2015). International law in the U.S. legal system.
Durkheim, E. (2014). The rules of sociological method: and selected texts on sociology and its method. Simon and Schuster.
Vago, S. (2015). Law and society. Routledge.
