does a coherent and stable society need law?
The role of law and the function of society has been a source of debate over centuries. As different forms of government, from tyranny to democracy are tried and questioned, the human need for both society and law has remained constant; both are so innately human that they are inseparable within human existence. Therefore it is impossible for a coherent and stable society to function without law. Society originates in the idea that humans as individuals are not self sufficient; rather they are social animals united by common need. These are the 'material needs of economic self sufficiency and security, and at a higher level, social needs such as Companionship.' Therefore, in order for human kind to survive, some form of social-group structure must exist. The law serves as a means of controlling and regulating this social-group, or society. It is "the enforceable body of rules that govern a society" , a "regime of adjusting relations and ordering human behaviour." By having law, society gains the boundaries and structure needed to be stable and coherent. It is impossible to say that a secure and consistent social-group could exist without law. One of the characteristics of law, that it is 'an attribute of human beings' expl
Anarchy is often suggested as an alternative form of society. Strictly speaking it means, " 'without government:' the state of a people without any constituted authority." At its best it "pertains to society made orderly by good manners rather than law ... at its worst, the word pertains to a terroristic resistance of all present government and social order. " However in effect Anarchy relies on natural law as its means of regulation and control. Essentially, the anarchist believes that " if man obeys the natural laws of his kind, he will be able to live at peace with his fellows." Natural law governs people in their original state. It provides people with the "natural right to be free from the threat of violent death, enslavement, or theft of estate." A coherent and stable society could be defined as being logically ordered, and having clarity whilst remaining consistent without change or fluctuation. It does not, however, address civil liberties such as basic human rights and freedom, which is why law is required. The concept of law is not consistent throughout the world. For example it is foreign to China, where the societal structure is based upon hierarchy. "This structure applied from the entire state to the family unit. The command of one's superior ought to be unquestioningly obeyed. Thus, social ordering supplanted the need for law" This is not however an example of a stable society functioning without law. If law is defined as "regime of adjusting relations and ordering human behaviour," then the control of social ordering is merely a different application and type of law rather than not being law itself. People have again sought moral and legal guidelines as thier framework to live by. "one can escape from public role playing into private spontaneity; by providing facilities and legal powers by which individu
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Approximate Word count = 1244
Approximate Pages = 5 (250 words per page double spaced)
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