4.2 Purpose of Law

Why have law at all? Six purposes — learn with one illustration each (the long question "What is the purpose of law?" is a favourite because it lets you range across the whole course): Social order and peace — law replaces private vengeance with public justice: the state monopolises force so that citizens need not arm themselves (Hobbes's point; the Criminal Code 2074's penological logic). Justice — law exists to do justice between citizen and citizen and between citizen and state: corrective justice (righting wrongs) and distributive justice (fair allocation of burdens and benefits) — the natural-law tradition's purpose (Unit 2.1, Unit 5). Security of expectations — law makes the future predictable so that planning, contract, trade and investment become possible: the whole law of contract is institutionalised trust (contracts are enforced because promises must be kept if exchange is to flourish). Protection of liberty — law does not merely restrain freedom; it protects it: rights are legal shields (fundamental rights enforced against the state); liberty under the rule of law is larger, not smaller, than the "freedom" of the state of nature. Promotion of welfare and social goals — the modern purpose: education, health, social security, environmental protection, labour standards — law as the instrument of the welfare state (the sociological school's programme — Unit 2.3). Regulation and limitation…