Laws are the rules that guide how we live together in a society. They help keep things fair and safe for everyone. Imagine a world without traffic lights or speed limits—driving would be chaotic and dangerous. Similarly, laws set the boundaries for acceptable behavior, letting us know what is right and wrong. They give us a sense of predictability, helping us understand the consequences of our actions and making society run more smoothly. Think about your day—did the law influence your behavior? Maybe it’s following traffic rules on your way to school or knowing that stealing is against the law. Reflecting on these daily experiences can show us the importance of laws in shaping our behaviors and maintaining order in our communities.

Law is a formal means of social control. Society uses laws so that these behaviors will conform to societal norms, cultures, mores, traditions, and expectations. Because courts must interpret and enforce these rules, laws differ from many other forms of social control. Both formal and informal social control have the capacity to change behavior. Informal social control, such as social media (including Facebook, Instagram, and Twitter), has a tremendous impact on what people wear, how they think, how they speak, what people value, and perhaps how they vote. Social media’s impact on human behavior cannot be overstated, but because these informal controls are largely unenforceable through the courts, they are not considered the law. Laws promote social control by resolving basic value conflicts, settling individual disputes, and making rules that even our rulers must follow. Having established legal principles helps ensure that individuals do not take matters into their own hands but rather rely on the proper channels and systems in place.

Even though we need law to have an organized society there are limitations to the law as well. Kerper (1979) recognized the advantages of law in fostering social control and also identified four major limitations of the law. First, she noted, the law often cannot gain community support without the support of other social institutions. Consider, for example, Brown v. Board of Education [Website] (a U.S. Supreme Court ruling from 1954), which declared racially segregated schools unconstitutional. The decision was largely unpopular in the southern states, and many had decided not to follow the Court’s holding. Ultimately, the Court had to call in the National Guard to enforce its decision requiring schools to be integrated.

Second, even with community support, the law cannot compel certain types of conduct contrary to human nature. For example, the law cannot compel individuals to hold specific beliefs or opinions, as these are often subjective and inherent to human nature. Third, the law’s resolution of disputes is dependent upon a complicated and expensive fact-finding process. Finally, the law changes slowly (Kerper, 1979).

Lippman (2015) also noted that the law does not always achieve its purposes of social control, dispute resolution, and social change but rather can harm society. He refers to this as the “dysfunctions of law.”

Law does not always protect individuals and result in beneficial social progress. Law can be used to repress individuals and limit their rights. The respect that is accorded to the legal system can mask the dysfunctional role of the law. Dysfunctional means that the law is promoting inequality or serving the interests of a small number of individuals rather than promoting the welfare of society or is impeding the enjoyment of human rights (Lippman, 2015).

Dysfunctions of Law

Similarly, Lawrence Friedman has identified several dysfunctions of law. First, legal actions may be used to harass individuals or to gain revenge rather than redress a legal wrong. Second, the law may reflect biases and prejudices or reflect the interests of powerful economic interests. Thirdly, the law may be used by totalitarian regimes as an instrument of repression. And finally, the law can be too rigid because it is based on a clear set of rules that don’t always fit neatly. The law may impede social change because it may limit the ability of individuals to use the law to vindicate their rights and liberties (Lippman, 2015).

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“Law Definition” is adapted from “3.1 Functions and Limitations of Laws” by Lore Rutz-Burri in SOU-CCJ230 Introduction to the American Criminal Justice System by Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, and Shanell Sanchez, licensed under CC BY-NC-SA 4.0. Modifications by Sam Arungwa, revisions by Roxie Supplee, licensed CC BY-NC-SA 4.0, include writing additional original content and editing for clarity.