Purpose of Law

In a free society each and every man lives under a rule of law, as opposed to a whim­
ridden rule of men.

The rule of law requires that people should be governed by accepted rules, rather than
by   the   arbitrary   decisions   of   rulers   and/or   private   citizens.   These   rules   should   be
certain and apply equally to all individuals (its subjects) equally.

Such a rule of law has only one purpose­­­­­ to protect the rights of everyone including
the   smallest minority that has ever existed i.e.,  protecting liberties and rights  of the
people.

Function of Law

Law discharge the following functions:

1. Establishing Standards (of human conduct/behaviour)

The law is a guidestar for minimally acceptable behavior in society.

Some activities, for instance, are crimes because society (through a legislative body)
has   determined   that   it   will   not   tolerate   certain   behaviors   that   injure   or   damage
persons   or  their   property.   For  example,   under   law,  it   is   a   crime  to  cause   physical
injury   to   another   person   without   justification—doing   so   generally   constitutes   the
crime   of   assault.

2. Maintaining Order (consistancy of human behaviour with the rules of law/legal standard)

It is necessary that legal standard/norms are complied with by the person in their behaviour with
others to attain the objective of law. If not complied with/there is a chance of non compliance
(driving motor vehicle withour wearing helmat), then the compliance of legal norms (by us) is
enforced to maintain order i.e., the consistenct of our behaviour with the legal standard/norm.

3. Resolving Disputes (through Judicial or quasi Judicial Forum of alternativ methods of disputes
resolution)

Disputes are unavoidable in a society made of persons with different needs, wants, values, and
views.

Disputes arises when legal rights are violated (through the non fulfilment of legal duty) and the
affected party (whose right is violated) claim remedy for the same but the violator refuses to satisfy
the same. Now that affected party may approach appropriate forum to get appropriate remedy for
violation of his right/s.

The law provides for that formal means for resolving disputes—the court system (judicial system),
Non Judicial System or for resolving the disputes by the disputing parties themselves ie., ADSR
(Alternative Disputes Resolution System—Arbitration, Conciliation, Negotiation, Mediation).

Arbitration

In arbitration, the parties agree to allow a neutral person to listen to, evaluate and decide on the best
possible solution to their problem. Both parties decide on the arbitrator, or the non-biased party,
and after he hears testimony from both sides, a decision is made.

Mediation
A settlement of a dispute or controversy by setting up an independent person between two disputing
parties in order to aid them in the settlement of their disagreement/dispute.

The individual who intervenes in order to help the other parties settle their dispute is called a
mediator.

The attempt to settle a legal dispute through active participation of a third party (mediator) who
works to find points of agreement and make those in conflict agree on a fair result.
Mediation differs from arbitration in which the third party (arbitrator) acts much like a judge but in
an out-of-court less formal setting but does not actively participate in the discussion.
When mediation is made:
Mediation has become very common in trying to resolve domestic relations disputes (divorce, child
custody), and is often ordered by the judge in such cases. Mediation also has become more frequent
in contract and civil damage cases. There are professional mediators, or lawyers who do some
mediation for substantial fees, but the financial cost is less than fighting the matter out in court
and may achieve early settlement and an end to anxiety. However, mediation does not always result
in a settlement
In International Law, mediation is the friendly interference of one state in the controversies of
nations. It is recognized as a proper action to promote peace among nations.

Conciliation
Conciliation means bringing two opposing sides together to reach a compromise (settleing disputes
based on mutually acceptable terms of/decided by the disputing parties) to settle their disputes (by
a third party known as conciliator)
Court/arbitrator/advocate may act as conciliator in labour disputes/matrimonial disputes like
divorceetc.
Negotiation
Where two disputing parties communicate with each other either directly or indirectly and
talk/inform/discuss about joint action to settle their dispute/s.
EX: Mr. A writes to Mr B to pay Rs.90,000 in full satisfaction of his debt of Rs.100000 (towards Mr
A). Mr B in turn writes to Mr.A that he is able to pay Rs.85,000 only to which Mr A agreed and
communicated the same to Mr B and this will result into the settlement of debt of Rs.100000 at
Rs.85000.