FUTURE OF LAW

Why we need a law? What functions does the law have in our localities? As theissue of the definition of law, there is no agreement among scholars as to thefunctions of law. Jurists have expressed different views about the purpose andfunction of law. It is well known that law is a dynamic concept, which keeps onchanging with time and place. It must change with changes in society. Law, inthe modern sense, is considered not as an end in itself but is a means to an end.The end is securing social justice. Almost all theorists agree that law is aninstrument of securing justice. As Salmond rightly pointed out, “law is a body ofprinciples recognized and applied by the State in the administration ofjustice.” Even Hobbes and Locke recognised the positive role of law when theysaid, “the end of law is not to abolish or restrain but to preserve or enlargefreedom and liberty.” For the Philosopher Kant, the aim of the law is theadjustment of one’s freedom to those of other members of the community.Bentham gave a very practical version of the purpose of the law, whichaccording to him, is the maximization of the happiness of the greatest number ofthe members of the community.According to Holland, the function of law is to ensure the well-being of society.Thus it is something more than an institution for the protection of individuals’rights.Roscoe Pound attributed four major functions of law, namely: (1) maintenanceof law and order in society; (2) to maintain status quo in society; (3) to ensuremaximum freedom of individuals; and (4) to satisfy the basic needs of thepeople. He treats law as a species of social engineering.The Realist view about the purpose and function of law is that for the pursuit ofthe highest good of the individuals and the state as such a controlling agency.The object of the law is to ensure justice. Justice may be either distributive orcorrective. Distributive justice seeks to ensure a fair distribution of socialbenefits and burden among the members of the community. Corrective justice,on the other hand, seeks to remedy the wrong. Thus if a person wrongfully takespossession of another’s property, the court shall direct the former to restore it tothe latter. This is corrective justice. Rule of law is the sine qua non for evenhandeddispensation of justice. It implies that everyone is equal before law andlaw extends equal protection to everyone; judges should impart justice withoutfear or favour and like cases should be treated alike.