Jurisprudence practice.

1. 1
JURISPRUDENCE
Illustrations of The Functions of Law with Reference to Any Acts/Law
When we talk of the functions of law, the obvious short answer is that law does various
things such as:
a) Regulating contractual relationships.
b) Providing a system of property rights and so on.
Kelsen’s explanation in Pure Theory of Law is particularly useful in observing the functions of
law. According to Kelsen, law is to:
a) Regulate the co-existence of human beings.
b) Bring about mutual behaviour.
c) Induce them to certain positive or negative behaviour.
d) Induce them to certain action or abstention from certain action.
This approach is adopted and developed by Robert S. Summers, an American legal theorist.
According to Summers, the specific functions of law are:
1) Reinforcement of the family.
a) Example in Malaysia: Law Reform (Marriage and Divorce) Act 1976, s 92: Duty to
maintain children.
2) Promotion of human health and healthy environment.
a) Example in Malaysia: Environmental Quality Act 1974, s 22: Restriction on pollution
of the atmosphere.
3) Provision for redress of wrongs.
a) Example in Malaysia: Specific Relief Act 1950, s 11: Cases in which specific
performance is enforceable.