The Role of Law in Society: Order, Rights, and Justice

Introduction: Law as the Framework for Society

The law plays a critical role in society, often serving to informally support the same rules and norms that it can formally enforce when someone violates them. According to the World Justice Project, 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 many ways, the presence of the law is prophylactic—preventing wrong behavior simply because that behavior has been made illegal.

Protecting Fundamental Rights and Constitutional Limits

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. At the crux of all of this legislation, however, is a core question: is this law constitutional? That question is so important 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)).

Law in the Mortgage Banking Industry

The mortgage banking industry 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 relative to banks. Banks cannot foreclose upon a house if the homeowners are paying their mortgage in accordance with the terms of their contract. Moreover, even if a homeowner is behind on mortgage payments, the law provides certain safeguards to protect the homeowner's right to attempt to save their home. If a bank fails to follow the appropriate steps, it cannot legally foreclose upon the property. Furthermore, if a bank wrongfully forecloses upon a home—which has occurred—the homeowner has legal remedies against the bank.

Conclusion: Law as Prevention and Remedy

As the above examples demonstrate, law plays an indispensable role in the maintenance of society. The law helps highlight rules and norms for society, establishing the guidelines for appropriate interactions among people. It also serves a prophylactic function: by identifying certain behavior as inappropriate or illegal, the law works to prevent that behavior from occurring in the first place. However, when inappropriate behavior does occur, the law is there to provide the wronged party with a means of redress and to hold the wrongdoer accountable.

References

Citizens United v. Federal Election Commission, 558 U.S. 310 (2010).

The World Justice Project. (2012). The Rule of Law. Retrieved May 9, 2013, from