Functions of the Law: Examples

¶ … functions of the law: Examples

Peacekeeping

Policing is often called 'keeping the peace.' This is because the mere presence of police officers can encourage individuals to behave according to the law. Police officers are often present during political demonstrations as a precaution: they are there to arrest individuals as disorderly persons or for violent actions if necessary, but even if no crime is committed, they patrol areas as representatives of the law to reduce the likelihood of crime.

Laws have a peacekeeping effect through their retributive function: if individuals fear punishment, they are at least theoretically less likely to disobey the law.

Checking government power and promoting personal freedom

Roe v. Wade and other Supreme Court cases that upheld the notion of a presumption of privacy within the Bill of Rights were intended to prevent the states from taking away rights from the people. States cannot ban abortion, promote segregation, or engage in other actions that hamper an individual's personal freedom and autonomy. The Bill of Rights was intended by the Founding Fathers as a check upon government's ability to deprive the citizenry of inalienable rights and personal freedom of worship and subject citizens to unfair judicial procedures, and other abuses.

Although it might be assumed that fewer laws are equated with more personal freedoms, this is not always the case. Expressing unpopular views requires the rule of law; otherwise even democratic legislatures might attempt to stifle minority viewpoints. When the Bill of Rights was applied to the states as well as to the federal government, the individual's personal autonomy and freedom was deemed more important than the will of the majority to use its democratic power to deprive individuals of their rights.

Facilitating planning and the realization of reasonable expectations

Examples of facilitation of planning are often seen on the local level: laws about when individuals can take their trash to the curb, recycling, and acceptable noise limits create a more positive community environments through the setting of reasonable expectations. Without such formal standards, communities would be far more chaotic and setting goals and priorities for the community would prove difficult.

Budgeting deadlines set into law, requiring the allocation of resources to schools and government agencies, and requirements that states undertake such actions as balance their budgets all are intended to make the running of government go more smoothly.