3.1. Functions and Limitations of Law 
LORE RUTZ-BURRI 
Law is a formal means of social control. Society uses laws  (rules designed to control citizen’s behaviors) so 
that these behaviors will conform to societal norms, cultures, mores, traditions, and expectations. Because 
courts must interpret and enforce these rules, laws differ from many other forms of social control. Both 
formal and informal social control have the capacity to change behavior. Informal social control, such as 
social media (including Facebook, Instagram, and Twitter) has a tremendous impact on what people wear, 
how they think, how they speak, what people value, and perhaps how they vote. Social media’s impact on 
human behavior cannot be overstated, but because these informal controls are largely unenforceable through 
the courts as they are not considered the law. 
Laws and legal rules promote social control by resolving basic value conflicts, settling individual disputes, 
and making rules that even our rulers must follow. Kerper (1979) recognized the advantages of law in 
fostering social control and identified four major limitations of the law. First, she noted, the law often cannot 
gain community support without support of other social institutions. 
1 (Consider, for example, the United 
States Supreme Court (Court) case of  Brown v. Board of Education of Topeka, Kansas, 347 U.S. 483 (1954), 
which declared racially segregated schools unconstitutional. The decision was largely unpopular in the 
southern states, and many had decided to not follow the  Court’s holding. Ultimately, the Court had to 
call in the National Guard to enforce its decision requiring schools to be integrated.) Second, even with 
community support, the law cannot compel certain types of conduct contrary to human nature. Third, the 
law’s resolution of disputes is dependent upon a complicated and expensive fact-finding process. Finally, the 
law changes slowly. 
2 
Lippman (2015) also noted that the law does not always achieve its purposes of social control, dispute 
resolution, and social change, but rather can harm society. He refers to this as the “dysfunctions of law.” 
“Law does not always protect individuals and result in beneficial social progress. Law can be used to repress 
individuals and limit their rights. The respect that is accorded to the legal system can mask the dysfunctional 
role of the law. Dysfunctional means that the law is promoting inequality or serving the interests of a small 
number of individuals rather than promoting the welfare of society or is impeding the enjoyment of human 
rights.” 
3 
1. Kerper, H. B. (1979). Introduction to the criminal justice system (2nd ed.). West Publishing Company. 
2. Kerper, H. B. (1979). Introduction to the criminal justice system (2nd ed., pp. 11). West Publishing Company. 
3. Lippman, M. R. (2015). Law and society (pp. 11). Thousand Oaks, CA : SAGE Publications. 
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