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Public Legal Education Network Macro functions of law -Preservation of order -Protection of civil liberties and human rights

For a long time uk had no formal human rights but people were allowed to indicate dissent by protest Since Oct 2000 human rights act 2008 came into force The two sometimes oppose each other and dependent on nature of society in which operates -Political order UK is odd, no constitution so question if this is function of law. Some aspects not controlled by law but a lot are e.g. European Communities Act 1972 limits legislative power of Parliament + Freedom of Information act 2000 limits gov ability to operate in secret. Some feel UK should take last step and adopt a written constitution. -Social order + promotion of equality Conservative in that it keeps established social arrangements. Dynamic in its aims to promote equality of oppourtunity Belief that nation is enhanced by allowing every person to play a full part economically and socially. E.g. excluding women means 50% loss of talent Conflict in that law also protects a persons property which could maintain inequality -Economic order Legal rights in property Enforceable contract Where bargaining power is unequal law tries to even playing field. Consumer rights. Law enables capitalism but also limits it stop monopolies etc -Law and moral order Some feel law should = morality Others say because some may feel against something (e.g. homosexuality) it should not be outlawed

Micro Functions Defining limits of acceptable behaviour Criminal Law. Not all undesirable behaviour is criminal Many other controls, morality, religion, social pressure etc. Culturally determined

Civil law also regulates behaviour

Defining processes for the transactions of business and other activities

Creating Regualatory Frameworks Regulates those who provide services to the public Planning law Regulate industry Decides who can make representations about policy or a decision. E.g. not everyone can appeal against planning decisions

Give authority to agents of state Police, doctors to detain mentally ill patient, tax collector

Preventing abuse of power by officials Limits power procedural safeguard

Power to assist public NHS Education Benefits

Prescribing procedures for the use of law Procedural law controlling courts and adjudicative bodies operate. May limit types of evidence etc

Note All the laws are dynamic and based upon current notions, pressures and circumstances The functions of law are often in conflict Some areas are outside current regulation e.g internet There are many things outside law that affects behaviour. Economics assumes financial incentive affects behaviour

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