Role of Law in Society the Law

¶ … 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 of monetary expenditures in political campaigns, to non-human entities such as corporations and labor unions (Citizens United v. Federal Election Commission, 558 U.S. 310 (2010)).

My current industry, mortgage banking, is one where the rule of law is critical to ensuring that the industry functions in an appropriate manner. One of the most important aspects of the law is that it provides a sense of order for the underlying society. Order, which simply refers to a system of governing rules, helps establish security. Security is a basic human need and the stability of housing is one factor that contributes greatly to a person's sense of security. In the mortgage industry, laws governing the steps that a bank must take in order to foreclose upon a house provide security for homeowners, who are in a vulnerable position with banks. Banks cannot foreclose upon a house if the homeowners are paying their mortgage in accordance to the terms of their contract. Moreover, even if a homeowner is behind on the mortgage, the law provides certain safeguards to protect the homeowner's rights to attempt to save their home. If a bank fails to follow the appropriate steps, then they cannot legally foreclose upon the home. Moreover, if they wrongfully foreclose upon a home, which has occurred, then the homeowner has legal remedies against the bank.

Another area where law is important is to limit the powers of the government. Any society with an established government has the potential for governmental abuses. Laws not only regulate what individuals can do, but also outline the extent of governmental powers. Currently, one of the most significant cultural debates in our country is on the issue of gun control. There is no disputing the fact that comprehensive gun control programs, such as the one enacted approximately a decade ago in Australia, dramatically reduce the level of gun violence and gun-related homicide in a country. However, the United States is unique in that it has a Second Amendment guaranteeing the right to bear arms, which has been interpreted as a personal right. The fact that prohibiting access to guns would result in a reduction in violence becomes irrelevant when a cornerstone of the Constitution guarantees the right to bear those arms; therefore, the law works to limit the government's power. The mortgage banking industry does not have any examples of government limitations that are quite as dramatic as the gun example. However, the law protects the rights of individuals to enter into legal contracts. Even when numerous homeowners were in upside-down mortgages after the housing market crash, the government was prohibited from declaring those mortgages invalid; that would have constituted an unfair taking from the banks who lent the money. Instead, when the government formulated relief programs, the programs had to protect the banks' interests as well as individual interests.