UNIT 2

FUNCTIONS OF LAW IN SOCIETY

The functions of law in the society includes the following;

1. Maintenance of order: this is where the law maintains social order by setting out rules that govern behavior and ensuring consequences for those who break them. This helps to prevent chaos and ensures that society operates smoothly. For instance, criminal laws like the Criminal Code Act provide penalties for offenses such as theft, assault, and murder, thereby deterring people from committing such acts.
2. Protection of rights and liberties: this is where the law protects individual rights and liberties by defining and upholding the fundamental human rights guaranteed by the constitution. For example, Chapter IV of the Nigerian Constitution of 1999 (as amended) lists fundamental rights such as the right to life, freedom of expression, and the right to privacy.
3. Dispute resolution: this is where the law provides mechanisms for resolving disputes between individuals, organizations, and the state. The courts play a critical role in this function. See the case of Afolayan v. Ogunrinde (1990) 1 NWLR (Pt. 127) 369, where the Supreme Court resolved a land dispute, thereby restoring peace between the parties involved.
4. Establishment of standards: this is where the law sets standards for various aspects of life, including business, education, and professional conduct. These standards help to ensure consistency and fairness. See the Companies and Allied Matters Act (CAMA) which sets out the requirements for the formation and operation of companies in Nigeria.
5. Promotion of social justice: this is where the law promotes social justice by ensuring equal opportunities and protecting the vulnerable in society. Laws against discrimination and laws promoting affirmative action, such as the Federal Character Principle enshrined in section 14(3) of the Nigerian Constitution which aim to ensure fair representation of all groups in public service.
6. Facilitation of social change: this is where the law facilitates social change by addressing emerging societal issues and adapting to new realities. See the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, which addresses the growing challenge of cybercrime in Nigeria, reflecting changes in technology and society.

CLASSIFICATIONS OF LAW

The classifications of law includes the following;

1. Public and private law: where public law governs the relationship between individuals and the state. It includes constitutional law, administrative law, and criminal law. See the Nigerian Constitution 1999 as amended which falls under public law as it governs the structure and operation of the government. Private law on the other hand governs relationships between individuals. It includes contract law, tort law, property law, and family law. An example is the Law of Contract which regulates agreements between private parties.
2. Substantive and procedural law: where substantive law defines the rights and duties of individuals and the legal consequences of those duties. See the Criminal Code Act defines offenses and prescribes penalties. Procedural law on the other hand prescribes the methods and procedures for enforcing substantive laws. The Criminal Procedure Act and Civil Procedure Rules are examples of procedural laws in Nigeria.
3. Civil and criminal law: where civil law deals with disputes between private individuals or organizations. Remedies often involve compensation or specific performance. See the case of Adefarasin v. Dayekh (2007) 11 NWLR (Pt. 1044) 89, where the court adjudicated on a civil dispute involving a breach of contract. Criminal law on the other hand involves actions that are offenses against the state. Punishments can include fines, imprisonment, or death. See the Criminal Code Act and Penal Code Act which are central to Nigerian criminal law.
4. Common law and equity: where common law is derived from judicial decisions and customs. It is characterized by the doctrine of judicial precedent. See the principles of Rylands v. Fletcher (1868) LR 3 HL 330 which are part of Nigerian common law. Equity on the other hand is developed to address the rigidity of common law. It provides remedies such as injunctions, specific performance, and equitable estoppel. See the case of Ogundiani v. Araba (1978) NSCC 71 where equitable principles were applied to grant relief.
5. Municipal and international law: where municipal law is the domestic law of a state, governing the behavior of individuals and organizations within its territory. See the Labour Act which governs employment relations within Nigeria. law on the other hand governs the relations between states and international entities. Treaties like the African Charter on Human and Peoples' Rights are part of international law and can be incorporated into Nigerian law.

LAW AND MORALS

Law refers to the set of rules enforced by the state, while morals are the societal standards of right and wrong behavior. While laws are mandatory and have legal consequences, moral norms are voluntary and enforced by social pressure. For instance, it is morally wrong to lie, but not all lies are illegal.

INTERRELATIONSHIP BETWEEN LAW AND MORALS

Law and morals often intersect, that is, where laws are frequently based on moral principles. For example, laws against theft and murder reflect the moral consensus that these actions are wrong. However, there are instances where law and morals diverge. For example, certain actions may be legal but considered immoral by societal standards. See the case of Okonkwo v. Okagbue (1994) 9 NWLR (Pt. 368) 301 where the Supreme Court addressed the issue of customary law practices that were morally contentious, such as the practice of "Osu" caste system among the Igbos, emphasizing that laws must reflect current moral standards.

INFLUENCE OF MORALS ON LAW

Moral values can influence the creation and reform of laws. Social movements advocating for moral causes, such as the abolition of slavery or the fight against corruption, often lead to legal changes. The enactment of the Freedom of Information Act, 2011 in Nigeria was influenced by the moral demand for transparency and accountability in governance. See the case of Attorney-General of Ondo State v. Attorney-General of the Federation & Ors (2002) 9 NWLR (Pt. 772) 222 where the court highlights the moral duty of the state to fight corruption, which led to the legal provision allowing states to prosecute corruption cases.

CONFLICTS BETWEEN LAW AND MORALS

Conflicts between law and morals can arise, leading to debates on whether laws should be changed to reflect moral views or if moral views should be adapted to comply with existing laws. For instance, debates on the legality and morality of same-sex relationships continue to generate controversy in Nigeria.

CONCLUSION

In conclusion, while law and morals are distinct, they are interconnected, and their relationship is essential for maintaining order, justice, and societal progress. The Nigerian legal system incorporates these aspects to ensure that laws not only enforce rules but also promote ethical behavior and social harmony.