¶ … Role of Law in Society
The law places a critical role in society, often serving to informally support the same rules and norms that it can formally enforce if someone violates them. The four primary functions of the law are: to ensure that the government, its officials, and private individuals are all accountable for their actions; to protect fundamental rights; to provide fairness; and to ensure justice (The World Justice Project, 2012). The rule of law provides the framework for society, so that all people come to the table with the same understanding of how transactions should work some knowledge of the remedies for wrongdoing, and knowledge of the consequences of inappropriate behavior. In fact, in many ways the presence of the law is prophylactic, preventing wrong behavior simply because that behavior has been made illegal.
One of the most critical uses of the law is to ensure basic human rights. In the United States, there is a tremendous amount of legislation governing a wide range of behavior. However, at the crux of all of this legislation is a core question: is this law constitutional? The reason that question is so important is because, in the United States, the Constitution is the document enumerating the protected civil rights of the nation's citizens. A law that violates the Constitution cannot stand. That does not mean that laws cannot go beyond what is stated in the Constitution and expand those rights. For example, a controversial Supreme Court decision extended free speech rights, in the form...
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