INCEST: Murder of the Soul: Chapter Two
2. The Functions of Law
Law is an indispensable social need for the preservation of the entirety of society; it
consists of general and binding rules which were based on preserving and maintaining
stability and order14. Law as legislation generally aims to achieve three integral purposes:
1. Supporting peace in society: law preserves the stability of society through security
to and assurance of the individual and groups about their property, lives, and
freedoms, rendering society to be more powerful, cohesive and respectful of
individuals liberties and freedoms15.
2. Reconciliation between conflicting interests in society: law reconciles between
the interests of individuals in society when individual interests conflict with the
interests of the others, and causes disputes within society. The law consists of fixed
rules that ensure solutions or responses would be based on justice and according
to objective standards. Such rules reconcile conflicting interests between the
public interest of society and the private interests of individuals, and do this by
achieving a fair balance among these interests.
Achievement of justice: the force of law and society’s respect for it depends on the
extent of justice it achieves. As Aristotle commented: “(justice) makes us respect
laws and equality”, and legal scholar Jenny said “the legal rules necessarily aim
to achieve justice as law makes no sense without justice”16. Greek philosophers
established justice on the basis of equality and proportion between the performance
of one party and what it gets in return from the other. Due to the idea of justice, the
rules of law are general and abstract and address equality as the core of justice.
3. Functions of Penal Codes
Penal codes consider the reasons for crimes, and study it as a social phenomenon,
paying attention to the conditions under which it happens. This provides very important
information for law enforcement officials. The aim of penology is to study the punishment
of crime and prison management, and so it is complementary to the penal code, which
in turn aims to combat the phenomenon of crime. The importance of any penal code
goes beyond the deterrence of criminals and the prevention of crime. In addition to the
humanitarian role it fills, a penal code has a preventive, disciplinary and remedial role. In
regard to the latter, it should attach particular attention to the personality of the offender
and categorize penalties with a view to imposing the appropriate punishment that should
also be able to help rehabilitate the offender.
In the context of our research and study of the penal code per se, we found out that it aims
to achieve three objectives:
1. Safeguarding values and social interests. Penal codes aims to protect values as well
as social and individual interests. Society consists of a group of individuals who
14 14. Qasim. 1998. Entry into Law..Legal rule-CAIRO..Adar al-Jameya (University House). P 6-8.
15 al-Far, 1994. Entry to Legal Science Study (House of Science and Culture for Publishing and distribution),
pp. 10-12.
16
Qasim, 1998. Entry into Law..Legal rule-CAIRO..Adar al-Jameya (University House). P 6-8.
17