The Multifaceted Functions of Law
in Social Organization
Law as a Form of Social Organization
1. The Functions of Law
A functional analysis of law allows us to examine its role within a social
system. This approach, along with structural analysis, gained prominence in
the 1970s due to the emergence of the "social welfare state," which
triggered changes in the legal system that could be explained by a new
function: the distributive and promotional function.
The main functions of law are:
Social Control and Social Organization: a. Protective/Repressive
Techniques: Law imposes positive duties (obligations) and negative
duties (prohibitions) under the threat of negative sanctions
(punishment). This is primarily developed through criminal law. b.
Organizational, Directive, Regulative, and Public Control Techniques:
Law organizes social and economic structures, granting powers and
competences to public authorities for regulation and control of private
activities. c. Promotional or Encouragement Techniques: Law attempts
to persuade individuals or groups to engage in "socially desirable"
behaviors through positive sanctions, such as financial incentives.
Conflict Resolution/Conflict Treatment:
Many scholars consider "conflict resolution" as the primary function of
law, which is not surprising given the configuration of Anglo-Saxon
legal systems focused on justice in individual cases.
However, it is more accurate to refer to the "treatment of declared
conflicts," as the legal system does not merely settle or solve conflicts,
but rather turns them into legal ones to keep them under control.
The "treatment" of a conflict begins with the legislative and executive
phases, where laws provide social agents with legal elements on how to
act and avoid or resolve conflicts. Only when this "treatment" fails do
social agents turn to the courts.
Legitimization of Social Power:
Law has always served as an instrument to obtain legitimacy,
acceptance, and consensus for political decisions.
Law legitimizes the actions of public authorities by defining their
competences, procedures, and limits.
Law also legitimizes the actions of private individuals, who may use
legal rules and behaviors as justification for their actions.
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