ABSTRACT
Law is a social phenomenon. It has grown into an essential principle of social organisation in Western civilisations as a result of the historicity of those societies.1 Law functions as the formal machinery for creating and maintaining social order, as seen in the Western world. All societies possess some degree of order which allows for sustained social interaction within a period of time. The form of order which exists depends on the particular society and the perceived needs of that society. Political, historical and moral characteristics of a society also assist in shaping that form of order. According to Surya, law is a composite of three components: rules of law (mental), attitudes (psychological) and external aspects (behaviour). It is these three components which shape law in any given society. However, the question begs itself, how does law maintain social order? Law prescribes what is acceptable social conduct for any given society and punishes deviant behaviour which results in conflict or disorder. There are established institutions and procedures through which the law operates in civil and criminal issues to return a society to its status quo of social normalcy.
