Introduction
The question of why the law is "good" is a fundamental inquiry at the heart of legal and political philosophy. For a society to function, it requires a framework of rules to govern the interactions between individuals and between the individual and the state. This essay will argue that the law is good because it performs three essential functions: it establishes and maintains social order, it protects the rights and freedoms of individuals, and it provides a reliable framework for social and economic activity. While acknowledging that the law is not without its flaws, particularly regarding access and fairness, its overall contribution to a stable and just society can be considered fundamentally positive. This essay will explore these key functions, drawing on examples from the law of England and Wales to demonstrate the law’s essential, and therefore "good", role.
Maintaining Order and Stability
The most basic function of the law is to provide order and security, preventing a descent into what the philosopher Thomas Hobbes described as a "state of nature" where life would be "solitary, poor, nasty, brutish, and short" (Hobbes, 1651). The law achieves this by establishing clear rules of conduct and a system for enforcing them. The criminal law is the most obvious example of this function. Statutes such as the Offences Against the Person Act 1861 and the Theft Act 1968 define unacceptable behaviours like assault and theft, and prescribe punishments for those who breach these rules. This serves not only to punish wrongdoing but also to deter potential offenders, thereby promoting a safe and predictable environment for citizens.
Furthermore, the concept of the rule of law is central to the idea of law as a force for good. As articulated by A.V. Dicey, the rule of law has several key tenets, including the principle that no person is punishable except for a distinct breach of law established in the ordinary legal manner before the ordinary courts (Dicey, 1885). This principle ensures that state power is not exercised arbitrarily. It means everyone, including government officials, is subject to the law. A key example of this principle in action is the power of judicial review, where courts can scrutinise the legality of decisions made by public bodies. In R (Miller) v The Prime Minister [2019] UKSC 41, the Supreme Court held that the Prime Minister's advice to the Queen to prorogue Parliament was unlawful because it frustrated or prevented the ability of Parliament to carry out its constitutional functions. This case demonstrates that the law provides a vital check on executive power, ensuring that even the highest office in government is held accountable, which is essential for a stable and democratic society.
Protecting Individual Rights and Freedoms
Beyond simply preventing chaos, a good legal system must also protect the fundamental rights and freedoms of the individuals within it. In the UK, this is achieved through a combination of common law principles developed over centuries and, more formally, through the Human Rights Act 1998 (HRA 1998). The HRA 1998 incorporated most of the rights set out in the European Convention on Human Rights (ECHR) into domestic UK law. This means that individuals can now enforce their rights in UK courts, rather than having to go to the European Court of Human Rights in Strasbourg.
The HRA 1998 protects fundamental rights such as the right to life (Article 2), the prohibition of torture (Article 3), the right to a fair trial (Article 6), and the right to respect for private and family life (Article 8). These legal protections are not merely abstract ideals; they have a real-world impact. For instance, the right to a fair trial under Article 6 ensures that anyone accused of a crime is presumed innocent until proven guilty and has the right to legal representation, safeguarding them from miscarriages of justice. Similarly, Article 8 protects people from unwarranted state intrusion into their personal lives. The law, therefore, acts as a shield for the individual against the potentially overbearing power of the state, empowering citizens and upholding their dignity. This protective function is a clear reason why the law can be considered "good".
Facilitating Social and Economic Life
The law’s goodness is also found in its role as a facilitator of social and economic life. It provides the predictable and enforceable rules necessary for complex societies to thrive. Contract law is a cornerstone of this function. By providing a legal framework for creating and enforcing agreements, contract law underpins almost all commercial transactions. When a consumer buys goods, they are protected by terms implied by statutes like the Consumer Rights Act 2015, which ensures goods are of satisfactory quality. Similarly, businesses can enter into large-scale commercial agreements with confidence, knowing that if one party fails to perform its obligations, the other has a legal remedy. Without the certainty provided by contract law, commerce would be fraught with risk, hindering economic growth and prosperity (McKendrick, 2020).
Property law serves a similar function. The system of land registration, governed primarily by the Land Registration Act 2002, provides a definitive record of land ownership. This clarity is crucial for the property market to function effectively, allowing people to buy and sell homes and businesses to secure premises with confidence. The law also facilitates social structures. Family law, for example, provides the legal framework for marriage and civil partnerships, and governs the processes for their dissolution, ensuring that matters such as child welfare and the division of assets are handled in an orderly and fair manner. By providing these reliable structures, the law allows individuals and businesses to plan for the future and engage with each other with a degree of security and trust, which is a vital component of a well-functioning society.
Limitations and Criticisms
Despite these essential functions, it is important to acknowledge that the law is not always perceived as "good" by everyone. One of the most significant criticisms is the issue of access to justice. The cost of legal advice and representation can be prohibitively expensive for many individuals. Reductions in the scope of legal aid, particularly following the Legal Aid, Sentencing and Punishment of Offenders Act 2012, have meant that many people on low incomes are unable to afford a lawyer to help them with civil matters such as housing or family disputes (The Law Society, 2021). This creates a risk of a two-tier justice system, where the ability to enforce one's rights depends on the ability to pay, undermining the principle of equality before the law. Furthermore, the law itself can sometimes be slow to change and may reflect outdated social values, or it can be complex and inaccessible to the average person. These are significant limitations that challenge the simple assertion that the law is wholly good.
Conclusion
In conclusion, the law can be considered "good" because of the indispensable role it plays in modern society. It provides the essential foundations of order and security, preventing a slide into anarchy and holding the powerful to account through the rule of law. It acts as a vital protector of individual rights and freedoms, shielding the citizen from the arbitrary exercise of power, most notably through the Human Rights Act 1998. Moreover, it is the silent facilitator of our economic and social lives, enabling everything from simple consumer purchases to complex business transactions through frameworks like contract and property law. While the legal system is imperfect, with significant challenges surrounding access to justice and the potential for laws to be unjust or slow to adapt, its core functions are overwhelmingly beneficial. The framework it provides, though flawed, is far better than the alternative of a lawless society. Therefore, the law is good not because it is perfect, but because it is necessary for a safe, free, and prosperous society.
References
Dicey, A.V. (1885) Introduction to the Study of the Law of the Constitution. London: Macmillan.
Hobbes, T. (1651) Leviathan.
McKendrick, E. (2020) Contract Law: Text, Cases, and Materials. 9th edn. Oxford: Oxford University Press.
The Law Society (2021) LASPO: 8 years on. Available at: [I cannot verify a specific URL for this report, but it is findable on the Law Society's website].
Cases
R (Miller) v The Prime Minister [2019] UKSC 41.
Legislation
Consumer Rights Act 2015.
Human Rights Act 1998.
Land Registration Act 2002.
Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Offences Against the Person Act 1861.
Theft Act 1968.
