Indeed, the existence of law in our society stems from the reality or inevitability of class struggle, conflict of interest in the society and the inherent wicked nature of man.
The Law is always faced with different interpretations as to its functions in the society and the basis of this diverse perspective results from the different and unequal positions we occupy in the society.
The author, @Nsijoro has painstakingly analysized the basis of law and it's primary roles in the society.
Additionally, some features of law that will be of interest to note are as follows:
1)TERRITORIALITY: Obviously, there's no society without regulations which regulates and order human relationship including the transactions carried out . However, there is to every law what is called territoral limit and what it implies is that law is enforcible within a particular place. For instance, in Nigeria, there is a law against same sex marriage and this law is only enforceable in Nigeria as there exist; with legal backup same sex marriage in US.
(2) LAW IS MAN MADE: It is a known fact that the law or whatever is called at any level is not made by God even though there exist some laws made by God as contained in the scripture and other religious books. Law is generally made by human beings and the name given to this law Makers varies from place to place. Citing Nigeria again, the body saddled with the responsibility of law making in the federation is the Senate and Federal House of Representative,in the various States is the House of Assembly and Legislature at the level of Local government Areas while in US,is the House of Lords and Commons.
Interestingly, the name given to law is different according to the body making the law as well as the system of government.
From the above, laws made by the Federal Legislative body is called Acts
Laws made by the state Legislative body is called laws and laws made by the Local Government Area Legislative body are called Bye-Laws. While laws made during military regime are called Decrees and edits respectively.
Broadening the distinction between Norms and laws as noted by the author, @Nsijoro ,it is important to add that Norms are societal body of rules of conduct without sanction or punishment.
(3)
3 LAW IS NORMATIVE: Basically, what this means is that, law regulates human activities, prescribing and directing how citizens should behave and at the same time prohibiting certain conducts that will endanger peaceful co-existence and sociatal development.
I commend the author @Nsijoro for his indept research in the legal profession.
I needed some time to digest this before replying, this comment just reminded me that there is a law that is against same sex marriage in Nigeria and different in the US, I never knew those bodies that regulate laws in the US are the House of Lords and Common, what can I say about this a lawyer is speaking.
I have learnt here that Norms has not punishment attached focusing on shaping the individual behaviour and state of mind towards others.
I wasn't able to participate this week, and I am sure this week my schedule will favour me to participate, I was so happy when I saw your reply, it seems commenting is easier than posting, I will drop the next challenge link on your dm on whatsapp, so you can participate, I will be very happy to see your entry as a lawyer your entry will bring much exposition to the concept, I told you, you will love this place. Your writeup is very informative.
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Thank you so much sir
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You are welcome sir
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