Role and Functions of Law Essay Example | Topics and Well Written Essays - 1000 words

Role and Functions of Law - Essay Example According to Reference.com (2007), law is defined as: â€Å"rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.† Law is the set of rules that help government in governing the conduct, social behavior, handle disputes, conflicts and deal with crime. Based on its role, law is classified into various categories like: criminal, civil, labor law. These play a major role in the society and its institutions. Criminal law has the powers to prosecute a criminal for an action that is deemed or defined as crime according to the letter of law. It has nothing to do with ethics or moral. It is not personal neither religious. It is objective and lays common law for all citizens of a country. Legislatures frame law by passing acts, bills and statutes. There are laws that govern the social and constitutional rights of each individual. They ensure safety and security of the citizens. Under civil law a citizen can file a suit for a compensation, etc. There are also guidelines in the form of procedural law that guides the jurisdictions of various courts. They detail on the trial methods and judgments. Different branches of law specialize in unique institutional and behavioral aspects of the society. It is the constitution of any country that delegates powers to various heads and sectors within the government. For instance, the US constitution Article II gives the president the executive power and it also states the powers of the US Supreme court and other Federal courts (Mallor and Barnes, pg. 54). This decides the powers of jurisdiction of various courts like appellate courts, state courts and trails courts, etc. It also says the extent to which state legislatures can exert their powers. In discussing the role that lawyers play in our society, Norman Redlich, Dean at New York

Does Marx's Account of Alienation Condemn Free Market Economies Essay

Does Marx's Account of Alienation Condemn Free Market Economies - Essay Example Being a great torch-bearer of justice and egalitarianism, he looks for identical distribution of wealth, resources and opportunities for the individuals belonging to divergent ethno-racial groups, communities and socioeconomic statuses of social establishment. Consequently, he appears to be determined to launch a crusade against the existing injustices for the individual and collective wellbeing of humanity without any discrimination on the foundations of caste, class, community, region, religion and gender. It is therefore his entire work revolves round the condemnation of capitalistic (or free market) economic system, which maintains unabated perils of exploitation of the proletariat or haves-not at the hands of bourgeoisie or haves in its horrible fold. Marx’s famous theory of alienation is viewed to be the profound critique of free market economy, which would not allow the workers any share in the surplus value of the organisation in which they are rendering their services . Since free market economy, Moseley observes, does not admit the very reality that surplus-value is produced by the surplus labour of workers, thus workers become prey to exploitation in capitalism (2001: 2). In addition, Marxism vehemently criticises such a political scheme that looks for projecting and promoting the exploitative economic system (i.e. capitalism) through the statutes of law had been in vogue in major part of his contemporary industrial states of Europe. Marx believes, Zimmerman observes, that laws are the product of class oppression, which would have to get eliminated or revised as long as communism replaces the free market system ultimately (2009: 96). One of the most imperative reasons behind Marxism’s repudiation to give way to free market economy includes its being beneficial for only the rich stratum of society. Capitalistic economic system is exclusively advantageous for the producers, mill owners and elite stratum; for it bestows worthwhile privilege s upon the elite by letting them take the lion’s share in the profit of an industrial unit on the basis of the investment they have made. The free market, Sayers notes, operates as an alien system with a life of its own. It is an uncontrollable and inherently unstable mechanism. It leads to periodic crises in which huge numbers of people are thrown out of work and useful means of production are wantonly destroyed (2008:1-2). On the other hand, the workers obtain very little amount of money as remuneration against their hard toil they make from dawn to dusk in the industrial units. In other words, free market economy deprives the workers of their right and share in the surplus profit the organisation has earned. Since the workers are not in a position to obtain anything sufficient to keep the wolf from the door, it results into the decline of their interest in work and work place as well. As a result, the gulf between the rich and the poor starts expanding, which touches the d angerous end subsequently. The clash of interests between the producers and workers turns out to be challenging for the very peace and harmony of society in general. As a result, conflict arises between different strata of society, during the course of which the workers are in a position to snatch their right from the possession of the upper stratum by establishing socialistic political and economic system in society. The division between classes, Rummel observes, starts widening, and the condition of the exploited worker deteriorates so adversely that entire social structure collapses.