Philosophy of Laws Role in Society - Essay Example

Philosophy of law Introduction Philosophy of law means the basic legal system which deals with the relationship betweenmorality and law. It is closely associated with political philosophy and ethics. The philosophy is based on practical reasons which help to make reasonable choices by people for shaping up their actions and functions. Ethical problems involve the things and behavior for which people confront with each other for benefiting themselves and fulfilling their own needs. Political philosophy deals with the problems which each of us faces for living in a society or community. The philosophy of law highlights various political issues which affects human life. Various principles are established with the help of philosophy of law. The ground of different principles is analyzed by law and philosophy. It helps to judge the appropriateness of public and private actions in terms of juridical acts. The lawyers and the politicians apply various rules and regulations by implementing legal philosophy. Legal theories are often used by them in solving problems and facilitating human lives. Philosophy of law helps to establish discipline philosophy by solving various problems and issues occurring in the society. The concepts of freedom and authority are developed with the help of this philosophy. Law plays a vital role in developing and framing a society. Every society needs proper legal rules and regulations for maintaining harmony and peace. In this essay the concept of philosophy of law will be discussed in details. This essay will focus on the nature of law and the sources which have a major contribution in bringing authority into law. Society plays an important role in developing the philosophy of law which will be analyzed in this essay. Nature of law Philosophy of law establishes various theories and concepts which contributes a lot in understanding and knowing the nature of law. Ethics, logic, political philosophy are involved in philosophy of law. Different philosophies are used in law for solving judicial problems. Various systematic bodies and organizations are developed for implementing and modifying the laws as per the needs and requirements of the society. Lawyers play a major role in implementing the philosophies which are associated with law. The lawyers ask several questions to the convicts and analyze their crimes in terms of legal rules and regulation of the country (Feinberg and Hyman 87). The philosophy which deals with the nature of law is known as general jurisprudence. It is a universal philosophy which assumes that law has certain features contributing to development to society. Normative social practices are performed with the help of law. It helps to guide human behavior are per the rules and regulations of the society. The philosophies associated with law deals with religion, morality, social etiquette etc. It facilitates in the development of human conducts in a particular way which is related with law. Both normative-justificatory and explanatory tasks are involved in law. Explanatory tasks explain the process by which legal norms influences the rise of several actions and highlights the reasons behind it. Normative-justificatory task focuses on the moral legitimacy associate with law. The theory of natural law highlights the relationship theory with legal law which is implemented by the state. The other name of natural law theory is known as legal philosophy. Natural rights and laws are focused in this theory. Natural law explains that unjust law is not considered as true law. It acts as a contrary to natural law. It is only of the main components of philosophy of law. This theory helps to analyze human nature both in personal and social aspects. This theory is often used for criticizing judicial decision of a state. Natural law is different from common law (Pound 56). The theory of natural law mainly deals with human nature and reasons but common law highlights the legal traditions and values of a judicial system. This theory states that moral principles have a major contribution in developing various philosophies for establishing the legal structure of a country. Natural law also claims that different moral principles and reasons need to obey the rules and regulations of a system. For this reason a person should remain faithful to positive law. Sources that brings authority According to different philosophies of law there are various sources which bring authority to the law. The government judges the importance and validity of the legal rules and regulations as per the situation of the country. The legislative bodies under the government protect the law and guide the people in following the rules and regulations of the state. Different types of legislative bodies work under the instructions of government. There legislative bodies also act as authorities to the law. The governmental and legislative authorities play a vital role in forming laws. They are considered as positive sources for developing and implementing philosophy of law (Troper and Annalisa 68). The ruler of the state has strong authority to law than any other person of the nation. Political communities also have some authorities in exerting the rules and regulations. Philosophy of law explains that a person or a body is responsible for looking after the effectiveness of law. He has the power to restrict violence, frauds and thefts. The legal framework of a country makes its authority capable of resolving disputes. The legislative authority has to follow the rules and regulation of the government for imposing their power and authority to law. Legal system also makes the leaders of a state or a society very powerful. With their authority and power the leaders exert their authority over the people and the social system. Therefore authority is established in law from these various sources. Philosophy of laws’ role in society Law plays a vital role in forming and maintaining the society. Different individuals belonging from various culture, background, race, religion etc lives together within a society. From very ancient times legal rules and regulations are developed for resolving conflicts and maintaining peace within the society. Law has a strong contribution in maintaining and promoting social cohesion. As the society advances from collectivism to individualism, religion to secularism, the legal rules and regulation of the society focuses more on compensation rather than punishment. But punishment still holds a strong position in the philosophy of law for preserving social solidarity (Berry Gray 73). Values of homogeneous society are uniform and it does not have any division of labor. The legal rules and regulations of this type of society help to promote collectivism. Law provides proper punishment to the people who promote crime in the society. Punishment is an essential thing of law. With the help of punishment rules and regulation are maintained in the society. Philosophy of law states that less harsh or less violent punishment helps the society to progress. Legal rules and regulation promotes punishment for restricting crimes. Law guides the behavior and actions of the people for living in a society. With the help of strong legal rules and regulations a proper culture is maintained within the society. Rivalry and chaos are controlled with the help of law. Various social groups are often involved in conflicts which are resolved with the help of effective legal rules and regulations. Different philosophies of law help individuals in the society to adopt and accept different changes which are taking place with the society. It facilitates the society to change with time. Laws are constantly amended as per the needs and requirements of the country. When the needs or conflicts of people are not solved by existing legal rules and regulations then amendment of law is done by the government and legislative body for the benefit of society and people. Sociological jurisprudence Another name of sociological jurisprudence is sociology of law. This theory deals with the real effect of law on human behavior, attitude, skills, organizational environment and power for maintaining and improving society. Sociological jurisprudence also highlights the effects of social incidents or phenomena on procedural and substantive things of law. Judicial, legislative and different other bodies who are involved in maintaining laws and regulation of the countries play a significant role in changing, forming, and operating the legal structure of a society. The people involved in these bodies or work hold specific ideas regarding justice and values of law (Sawyer III 59). The differences in their values and opinions can create problems in implementing legal rules and regulation. For this reason it is necessary to study the law and various theories of justice. Sociological jurisprudence focuses on descriptive values and philosophy of law. It focuses on the things which are happing in the society. Max Weber and Émile Durkheim have made a strong impact on jurisprudence. These philosophers state that sociological jurisprudence is one of the important approaches of philosophy of laws which contribute a lot in the development of legal rules and regulation by the society or state. Laws are formed in the society for benefiting the people or the community living there. According to Émile Durkheim the modern society implements the laws which do not provide harsh punishment to the criminals rather help them to rectify their faults (Simon 935). By this process laws helps a criminal person to lead a normal and respectful life. The legal rules of modern society mainly focus on compensations. Punishment is necessary in law for preventing individuals from performing criminal activities. By this process legal rules and regulations are maintained in the society. Max Weber stated that law has a major role in peace and harmony in the society. Legal rules and philosophies are not affected by the economic situation of a country. Law must provide justice to individual. For this reason it must not be linked with economic circumstances of a society or country. Theory of justice In philosophy of law theory of justice deals with the criticism and evaluation of law based on the goals and ideas suggested for it. Theory of justice focuses on the articulation and identification of the values which are associated with legal orders. Various political and ethical philosophies are associated with this theory. Therefore theory of justice covers wide range of political and ethical philosophies and ideas. Theory of justice mainly focuses on the philosophy of implementing justice by fair rules and regulations. This theory was developed by John Rawls. This philosopher rejected the idea of inequality which has an important contribution in maximizing the welfare of people through legal rules and regulations (Lacey 1015). Rawls believed that theory of justice is not only concerned about benefit but it also focuses on the betterment of the society. Self respect of the individual plays a vital role in this concept. The things which are right according to the law of are considered as good. According to this theory the principles of justice are based on the structure of the society. The individuals who think rationally will believe in equality and social co –operations. This will contribute a lot in establishing justice within the society. The government has a major contribution in developing and implementing fair legal rules and regulations. In many cases there is a difference between a genuine judgment of a person and his actual intensions. The differences among these two things must be adjusted by law for maintaining fairness and justice in the society. The intuitions and intension of a person must be harmonized with the common principles of the society. This is known as reflective equilibrium. Theory of justice is an approach with the help of which goals and objectives of legal bodies are highlighted. As per this theory many persons living in a society choose to follow its general principles for living a good life (Pettit 270). They believe in the legal rules of the society and expect that in case of any problem the legislative body will help them in getting justice. Analytical jurisprudence Analytical jurisprudence focuses on the differences of law from different other norms or systems existing in the society. This approach to philosophy of law highlights that jurisprudence involves with defining many legal terms, articulating axioms, suggesting various methods which enable a person to have a proper knowledge about the legal structure and creating logical awareness among the people. Some philosophers believed that relational and structural features are required for establishing legal norms. Logical system or logical awareness of people is important for claiming the clarification of law and understanding the importance of legal rules and regulations. Orderliness and clarity are important for implementing legal system and applying laws in practical situations. Analysis of particular ideas or a word in law is necessary for understanding the legal system. Analytical jurisprudence facilitates individual in following the legal rules and regulations. It focuses on legal positivism, natural law, legal realism and legal interpretivism. Four of this theory highlights different things which are necessary for analyzing the philosophy of law. The theory of legal positivism states that certain laws are indentified by social rules and regulations. Law is a type of command which is backed by punishment or threat (Murphy 255). The theory of natural law highlights that law should be enacted based on the crime. Unjust law is not a type of true law. Legal realism focuses that legal rules and regulations must be imposed by the law offices, courts, police stations etc. It should not be imposed by any particular person. The concept of legal interpretivism deals with the fact that law is based on various social factors. Law is developed by institutions by analyzing various facts and practices. Legal rules and regulations are established by judging them on moral grounds. Conclusion Philosophy of law helps to establish proper legal system by developing effective rules and regulations as per the needs and requirements of the state. Laws contribute a lot in maintaining good and peaceful society. Logical, ethical and political philosophies are associated with law. With the help of these philosophies the nature of law has been discussed in this essay. Different government bodies and legislative bodies play a significant role in developing and implementing legal rules and regulations. The lawyers contribute a lot in analyzing legal issues for proving justice or punishing criminals. Morality, social etiquette and religion have a major contribution in developing laws. The nature of law is discussed in this essay. The theory of natural law is mentioned in here. There are different sources which brings authority to the law. Government and legislative body mainly holds the authority for implementing legal rules and regulations. They guide people in following the laws of the state. Political communities sometimes act as a legal authority. This essay highlighted that law play a major role in society. The structure and peace of the society is maintained with the help of law. Various conflicts taking place in the society are solved by effective rules and regulations. Theory of justice, sociological jurisprudence and analytical jurisprudence are focused in this essay. These are various approaches of philosophy of law. With the help of these approaches the importance and applicability of law is discussed in details in this paper. Works Cited Berry Gray, Christopher. The Philosophy of Law: An Encyclopedia. New York: Routledge. 2013. Print. Feinberg, Joel, and Hyman Gross. Philosophy of Law. Belmont: Wadsworth Publishing Company, 2005. Print. Lacey, Nicola. "Leon Green" 15 Lecture in Jurisprudence: Analytical Jurisprudence Versus Descriptive Sociology Revisited." Tex. L. Rev. 84 (2006): 945-2135. Print. Murphy, Mark C. "Natural law jurisprudence." Legal Theory 9.04 (2003): 241-267. Print. Pettit, Philip. "Deliberative democracy and the discursive dilemma." Noûs. 35.1 (2001): 268-299. Print. Pound, Roscoe. An Introduction to the Philosophy of Law. New Haven [etc.]: Yale university press, 2002. Print. Sawyer III, Logan Everett. “Jurisdiction, Jurisprudence, and Legal Change: Sociological Jurisprudence and the Road to International Shoe”. Geo. Mason L. Rev. 10.1 (2001): 59. Print. Simon, Jonathan. "Katz at Forty: A Sociological Jurisprudence Whose Time Has Come." UC Davis L. Rev. 41 (2007): 935. Print. Troper, Michel, and Annalisa Verza. Legal Philosophy: General Aspects. Stuttgart: Steiner, 2002. Print. Read More