There are many functions of law. However, we cannot say that law is necessary. We may not consider it a necessity, but it is important compared to other functions. Here are some of the functions of law. Let’s look at the role of law in human life. In other words, law serves the purpose of providing a framework for justice. It is necessary in ensuring social peace and justice, as well as promoting economic progress. But is law important?
First-order legal theories are inherently evaluative
In order to establish the legitimacy of a law, a theorist must state the relationship between descriptive and evaluative propositions. Such a connection must be based on the understanding that a proposition is not directly evaluative unless it predicates some evaluative property of a legal subject. First-order legal theories are evaluative in that they require the theorist to make a moral judgment about a legal subject.
First-order legal theories are evaluative in nature, as they are inherently connected to the object of study and to the social practices that constitute the existence of law. Since the concept of law is familiar in everyday life, it is not imposed upon it by the theorist; rather, the legal theory must be faithful to the concept as it is understood by social practitioners. This is a fundamental difference between Shapiro’s approach to law and the one of Raz.
They capture the concept of law
The reductionist approach to law is a reductive account of the idea of law. Despite its reductionist nature, it maintains that subjects have a general knowledge of the laws and presume a desire to avoid violating them. For these reasons, the reductionist view of law is incompatible with the idea of legal normativity. While recognizing the normativity of law, Austin maintains that the concept of law is normative in nature.
Hart describes the concept of law as a combination of rules and morality. He considers morality to be an essential part of the law and acknowledges that some cases do not fall within the scope of the law. He also recognizes the penumbral areas within the rules of law. This concept is very useful when considering the nature of the rule of law. But it has to be understood in context. There are many types of laws, which have different definitions.
They share a certain view about morality
Liberals and conservatives are often seen as having the same moral values, and this misunderstands the views of conservatives. They believe that morality is about doing the right thing and avoiding harm. In contrast, conservatives oppose issues like gay marriage, immigration, and programs for the poor. They also believe in human rights and the equality of people from oppressed groups. The two sides share a similar view of morality, but differ in many ways.
Morality is not universal. Different societies have different codes of conduct, and this can result in varying degrees of acceptance. For example, in a small, homogeneous society, there is a general guide for behavior that is accepted by nearly all members of the society. Generally, there is no ambiguity regarding morality, unlike in larger societies where members may belong to different groups that put forth conflicting guides and may not accept the guide that the society offers.