Functions of law

Primary functions of law: o Preventing undesirable behaviour and securing desirable behavior. Criminal/ tort law o Providing facilities for private arrangements between individuals Securing legal protection for arrangements that could be achieved by non-legal means, and thereby limiting individual choice to promote desirable ends. E.g. Limited liability company, marriage. o Provisions of service and redistribution of goods. Law on agrarian reform, tax, state-run railway service. o Setting unregulated disputes. Two individuals can enter an agreement as and when they want, but the aforementioned point of private arrangements talks of cases when arrangement is registered with the government. Secondary Functions o Justice Points given Give ones due Fairness and right Equality and fairness. Appropriate application of law. Subjective and perception based redressal of grievances. Introspection Retribution Most satisfactory conclusion of law. Morality behind the law. Popularly right. Definitions of justice: Justice is equality. Aristotle: Injustice is where equals are treated unequally and unequals are treated equally. Corrective n distributive(e.g. NREGA) justice Procedural justice. Definition depends on the nature and functions of the state and law. We have moved beyond our preferred socialist model but we are still a welfare state. Rawls on justice Justice prevails in a just society Conceptualizing Just Society: is where we would agree to live in if we did not know what our circumstances in that society were going to be.

When placed behind a veil of ignorance in original position principles of justice will emerge and institutions will be built on the same. Original Position is where you dont know what form of society is going to be, you dont know yourself. People will subscribe to: o Principle of reciprocity)meaning utilitarianism will be discarded o Just savings principle (conservation/savings to promote best interests of the worst off people the future generations to the greatest degree, acceptable to the worst off people of the existing generations. Fundamental Principles o Each person is to have equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all. o Social and economic inequalities are to be arranged so that they are both: Reasonably expected to be to everyones advantage; and Attached to offices and positions open to all. Inequality of doctor and labourers difference in income is alright, if part of doctors income is used to better the labourers conditions. o Priority Liberty granted priority over the difference principle. Rawls does not answer as to the type of government or system of law that persons in the original position would choose.