THE ‘PURPOSE’ OF LAW
The law is important for creating an organized way for people to act together, although this purpose can be hard to define clearly. Legal philosophy has often struggled to explain how law contributes to social order without relying on theories from economics. Early thinkers viewed law as linked to the "nature of things," suggesting that laws work best when they are generally followed and help maintain order. However, most people think of purpose as aiming for specific results, while the law instead serves many individual purposes that are unknown to everyone as a whole.
The law is not just a tool for achieving particular goals but is also essential for providing a framework that allows various personal aims to coexist. The confusion about the purpose of law has caused disagreements in legal philosophy, from Immanuel Kant’s view that laws have no specific purpose to Utilitarians who place purpose at the center of law. Understanding that an abstract order governs social interactions is necessary for grasping the true purpose of legal rules.
Despite recognizing the concept of a spontaneous social order, many in the legal field tend to overlook the connections between legal rules and social order. The collaboration between law and sociology has often focused too much on particular cases rather than the broader social contexts that laws help shape. Economics is currently the only discipline that has thoroughly analyzed these abstract orders, underscoring the need for a deeper comprehension of law’s function within society.
The law is important for creating an organized way for people to act together, although this purpose can be hard to define clearly. Legal philosophy has often struggled to explain how law contributes to social order without relying on theories from economics. Early thinkers viewed law as linked to the "nature of things," suggesting that laws work best when they are generally followed and help maintain order. However, most people think of purpose as aiming for specific results, while the law instead serves many individual purposes that are unknown to everyone as a whole.
The law is not just a tool for achieving particular goals but is also essential for providing a framework that allows various personal aims to coexist. The confusion about the purpose of law has caused disagreements in legal philosophy, from Immanuel Kant’s view that laws have no specific purpose to Utilitarians who place purpose at the center of law. Understanding that an abstract order governs social interactions is necessary for grasping the true purpose of legal rules.
Despite recognizing the concept of a spontaneous social order, many in the legal field tend to overlook the connections between legal rules and social order. The collaboration between law and sociology has often focused too much on particular cases rather than the broader social contexts that laws help shape. Economics is currently the only discipline that has thoroughly analyzed these abstract orders, underscoring the need for a deeper comprehension of law’s function within society.