2. Law and society: the purposes and functions of law

2017 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Social Order ◽  
Political Order ◽  
Law And Society ◽  
Moral Order ◽  
Public Order ◽  
Social Functions ◽  
Human Relationships ◽  
Abuse Of Power ◽  
The Public ◽  
Regulatory Frameworks

This chapter discusses social functions of law at the macro and micro levels. The macro functions of law cover law and public order, political order, social order, economic order, international order, and moral order. They also include the resolution of social problems, the regulation of human relationships, and the educative or ideological function of law. The micro functions of law include defining the limits of acceptable behaviour, the consequences of certain forms of behaviour, and processes for the transaction of business and other activities, as well as creating regulatory frameworks, giving authority to agents of the state to take actions against citizens, preventing the abuse of power by officials, giving power/authority to officials to assist the public, and prescribing procedures for the use of law.

2. Law and society: the purposes and functions of law

2018 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Social Order ◽  
Political Order ◽  
Law And Society ◽  
Public Order ◽  
Social Functions ◽  
Human Relationships ◽  
Abuse Of Power ◽  
The Public ◽  
Regulatory Frameworks ◽  
The Social

This chapter discusses the social functions of law at both the macro and micro levels. The macro functions of law cover law and public order, political order, social order, economic order, international order, and moral order. They also include the resolution of social problems, the regulation of human relationships, and the educative or ideological function of law. The micro functions of law include: defining the limits of acceptable behaviour, the consequences of certain forms of behaviour, and processes for the transaction of business and other activities, as well as creating regulatory frameworks, giving authority to agents of the state to take actions against citizens, preventing the abuse of power by officials, giving power/authority to officials to assist the public, and prescribing procedures for the use of law.

2. Law and society: the purposes and functions of law

2019 ◽  
pp. 8-26
Author(s):  
Martin Partington
Keyword(s):  
Social Order ◽  
Law And Society ◽  
Public Order ◽  
Social Functions ◽  
Human Relationships ◽  
Abuse Of Power ◽  
The Public ◽  
Regulatory Frameworks ◽  
The Social ◽  
The Relationship

This chapter discusses the social functions of law at both the macro and micro levels. The macro functions of law cover the relationship between law and different orders: public order, political order, social order, economic order, international order, and moral order. They also include the resolution of social problems, the regulation of human relationships, and the educative or ideological function of law. The micro functions of law include: defining the limits of acceptable behaviour, the consequences of certain forms of behaviour, and processes for the transaction of business and other activities, as well as creating regulatory frameworks, giving authority to agents of the state to take actions against citizens, preventing the abuse of power by officials, giving power/authority to officials to assist the public, and prescribing procedures for the use of law.

2. Law and society: the purposes and functions of law

2021 ◽  
pp. 8-26
Author(s):  
Martin Partington
Keyword(s):  
Social Order ◽  
Law And Society ◽  
Public Order ◽  
Social Functions ◽  
Human Relationships ◽  
Abuse Of Power ◽  
The Public ◽  
Regulatory Frameworks ◽  
The Social ◽  
The Relationship

This chapter discusses the social functions of law at both the macro and micro levels. The macro functions of law cover the relationship between law and different orders: public order, political order, social order, economic order, international order, and moral order. They also include the resolution of social problems, the regulation of human relationships, and the educative or ideological function of law. The micro functions of law include: defining the limits of acceptable behaviour, the consequences of certain forms of behaviour, and processes for the transaction of business and other activities, as well as creating regulatory frameworks, giving authority to agents of the state to take actions against citizens, preventing the abuse of power by officials, giving power/authority to officials to assist the public, and prescribing procedures for the use of law.

Political justice as an axiological principle of political ideologies

2016 ◽  
Vol 11 (2) ◽  
pp. 42-50
Author(s):  
Карчагин ◽  
Evgeniy Karchagin ◽  
Гапоненко ◽  
Stanislav Gaponenko
Keyword(s):  
Social Order ◽  
Public Authority ◽  
Political Order ◽  
The Political ◽  
Political Justice ◽  
The Public ◽  
Political Ideologies ◽  
The Social ◽  
Political Value ◽  
The Ideal

The article analyzes the correlation between the political justice as a fundamental social and political value and political ideologies. The main historical stages of the development of «ideology» notion are defined. Political justice is broadly understood as the proper measure of distribution of political goods and it forms the ideal of social order, which regulates the relations of social subjects concerning the public authority. At the same time the forming of social ideal is one of the main aims of political ideologies. The mentioned conclusions allow to interpret «political justice» as a fundamental axiological principle which proves the definite ideal of socio-political order. It is urged to regulate the social subject’s relationship concerning public authority.

Punishment and Retribution Within the Bail Process: An Analysis of the Public Confidence in the Administration of Justice Ground for Pre-Trial Detention

2020 ◽  
Vol 35 (3) ◽  
pp. 413-435
Author(s):  
Marie Manikis ◽  
Jess De Santi
Keyword(s):  
Social Order ◽  
Public Confidence ◽  
Sociological Perspective ◽  
Social Functions ◽  
The Public ◽  
The Third ◽  
Administration Of Justice ◽  
Mitigating Factors ◽  
Lower Courts ◽  
Discretionary Powers

AbstractThis paper argues that lower courts have used their discretionary powers provided within legislation and St-Cloud to infuse a predominantly retributive interpretation into the public confidence in the administration of justice ground of pre-trial detention. This is illustrated notably by their choice of and weight afforded to the various aggravating and mitigating factors, the circumstances that relate to the commission of the offence, as well as their analysis of the length of imprisonment. This transfer of sentencing rationales, and to a greater extent, retributivism, into the third ground of pre-trial detention is used, in part, to justify pre-trial detention and can partially explain the rates of pre-trial detention. Finally, the underlying sentencing logic within the bail process can be understood within a sociological perspective, which examines the wider social functions of institutions and suggests that the bail process is an extension of punishment that serves to reinstate social order and public confidence.

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