Functions of law: peacekeeping, rights, planning, and competition

¶ … 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.

Promoting economic growth through free competition

The Sherman Anti-Trust Act attempted to reign in corporate monopolies and make competition between business entities less restricted. While government regulation is often presented as the enemy of competition, without some regulation industries could easily evolve into monopolies, and be able to charge exorbitantly high prices of the consumer. Some industries with very high barriers to entry tend to become monopolistic, and unless government 'breaks up' monopolies or regulates consumer pricing, free, fair, and consumer-friendly competition is smothered rather than facilitated in the absence of strong enforcement of commercial laws.