Premium Essay

Role and Function of Law

In:

Submitted By kelseylynn2000
Words 787
Pages 4
Role and Functions of Law
LAW/421
April 30, 2012

Role and Functions of Law
As individuals we each follow laws that have been set forth by the government. Seldom one knows the function and role of the law in everyday life and business. Law is defined as “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (Melvin, 2011).
Within society the law is set in place to help keep order within everyday endeavors. The law sets a standard for what is right or wrong. If someone does the wrong thing, or breaks the law, then the appropriate punishment will be determined in accordance with the crime that was committed. To help ensure that laws are followed they have to be fair and consistent. If the laws are broken the punishment is then fair and consistent as well, creating a balance between the two. Law is just as important in business as it is in society. Without laws businesses could be sued very easily for something that isn’t worthy to sue over. These laws help businesses give their consumers and customers the best products and services they can offer because they feel protected.
Let’s start with the different types of law and the role they play in business as well as society. Substantive law is what provides people with rights and procedural law is what provides the structure and rules for the substantive law. An example of these laws would be from the Cipollone v. Liggett Group, Inc.et al., case. In this particular case Cipollone brought forth a lawsuit against a cigarette manufacturing company, Liggett for “false advertising, fraudulently misrepresenting the hazards of smoking, and conspiracy to deprive the public of medical and scientific information about smoking” [ (Melvin, 2011) ]. Cipollone had the right to sue (substantive law), and the rules were in place for him to sue (procedural law). Criminal laws

Similar Documents

Premium Essay

Role and Functions of Law

...Role and Functions of Law In this report, it will discuss and define the functions and role of law in business and society. We will also discuss the functions and role of law in our past or present job or industry. We will go off the bases of what is law and how it is use. In society as well as a business, law plays a significant role in their daily operation. For a society to be efficient and effective, laws have to put into place to regulate social behavior. Law, defined as a body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by controlling authority. Our system of societal life could not exist without a set of rules that govern human behavior or business interactions. Law plays a significant role in the successful operation of business and society. Laws regulate social behavior, which leads to a society that runs efficiently. Laws also supply ethical standards and expectations, while providing rules of conduct, measures to enforce those rules, and a means for settling disputes. Other functions of law include: peacekeeping; checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social justice; and protecting the environment (Mallor, Barnes, Bowers, and Langvardt). It is important to note that without laws to govern the actions of people and businesses, society would not be able to function effectively...

Words: 841 - Pages: 4

Premium Essay

Roles and Functions of Law

...dependent on the law to define how the society will work together. From the making and enacting of rules to the enforcement of those rules, the law is the guideline for that society. In America, we have a federal system in which a national government coexists with the government of each state (Melvin, 2011). While it takes many layers of law to delineate the abilities and limitations of businesses entities, the Commerce Clause and the Supremacy Clause have the largest effects. The commerce clause gives the federal government broad power to regulate inter-state commerce and intrastate commerce. The Supremacy Clause allows the federal government to trump state-level statutes if the federal law is constitutionally sound. This means that the federal government can make and enforce most of the standards and practices that American companies must follow. This paper will take a look at the function and role of law in business today. This paper will look at my present job, and the role of law and how it applies to my job. Function and Role of Law in Business The role of the law is to act as guidelines for how people are supposed to behave in a society. Laws have just as big of a role in the business world as they do in society. Laws instruct each business of how they must act in certain situations, they monitor fair wages, fair hiring practices, proper reporting of earnings, and hold businesses accountable for mistakes. The law has many different functions, in both society...

Words: 823 - Pages: 4

Free Essay

Role and Functions of Law

...Role and Functions of Law Paper Michael Wang LAW/421 July 14 2014 Tad Davis Role and Functions of Law Paper Discuss the function and role of law in business and society. Discuss the functions and role of law in your past or present job or industry. Properly cite at least the two reference from your reading or outside sources. Law: the system of rules that a particular country or community recognizes as the regulating the actions of its members and may enforce by the imposition of penalties. There are many laws in business and society and all of their functions but they all fall under the four types of laws which are: Criminal Law: This is the most basic and commonly known law in which it is all about Police work. That deals with murder, rape, robbery, assault, theft. Civil Law: Are covered in many different areas but also can be the most misunderstood because it covers or falls under legal rights. Such as divorce, child custody, education. The major difference between criminal and civil is that civil you can choose to go to court or alone or with lawyer or just settle it one on one while criminal law the person does not have a choice. Common Law: Is based on a person right and wrong. Morales and ethics are highly influenced on this law there are major differences in how people feel towards crimes in this law based on situation to situation. Such as stealing food example breads can soups to feed themselves or their family and the other to steal play station 4. ...

Words: 808 - Pages: 4

Premium Essay

Role and Functions of Law

...Role and Functions of Law Travis Martin LAW/421 Bernice Jenkins Role and Functions of Law The successful operation of business and society depends heavy heavily upon the function and role of law. Regulating behavior in respect to the general society is the primary purpose of law. Law establishes a protection of guidelines for mankind, animals, and the environment regarding safety issues and concerns. The term “law” has a variety of meanings for defining and describing it throughout history. However, a general acceptable definition of law is a body of rules for the action, conduct, or behavior prescribed by a controlling power of authority with legal binding force (Black’s Law Dictionary, 2013). Law can also take the form of a written code arranged and prescribed by an elected legislative body of judicial decisions, and actions of government agencies. In American law, the current state of law concern itself with common characteristics that create duties, obligations, and rights reflecting acceptable views of a given society (Melvin, 2011). The following contents of this paper cover the functions and role of law in business and society. It also discusses the functions and role of business law in the automotive industry. It is important to indicate that originally, law dealt with the concern of problems and issues regarding ownership of property. Today’s modern legal doctrines deal with complex system of principles and protections for law that provides mechanisms...

Words: 1006 - Pages: 5

Free Essay

Role and Function of Law

...The Role and Function of Law in Business and Society The role and function of law is to keep our systems of laws running smoothly and seamlessly otherwise our system will involved in a never ending vicious circle to which no solution is ever found. The role and function of law allows for the legal and lay person to have guidelines to follow and also disagree with those guidelines in an orderly and ethical manner. The case cited on our readings, the Cipollone v Liggett case, is a great example of pre-emption. Cipollone sued Liggett because he thought that Liggett was irresponsible for advertising a deadly substance that eventually killed his mother. The Court instead agreed to uphold the federal law that pre empties all accusations of misdoings by the tobacco company in reference to advertising, etc. At first, it may not seem just that the cigarette companies are not liable for such deaths, but one thing about our great laws and freedom is that individuals can make choices, even if they eventually kill you. A company like Liggett can go as far as letting individuals know about the risks, but at the end of the day it is an individual’s personal choice to smoke or not to smoke (Melvin, 2011). The role and functions of law were clearly seen during this lawsuit by discouraging what in many cases are frivolous suits. Another case is that of many people involved in the timeshare industry have claims of misrepresentation by the salesperson. Legal representation...

Words: 727 - Pages: 3

Free Essay

Role and Functions of Law

...Role and Functions of Law February 25, 2014 LAW/421 The role and functions of law has a significant part in the operations of business and society. Its design ensures order, provides resolutions to conflicts, gives not only individuals, but also their assets a safe haven, maintains the structure of society, and protects municipal liberties. In order to create a safer life from those who are unjust. Furthermore, these laws create “duties, obligations, and rights that reflect accepted views,” (Melvin, p. 4,  2011) not only in society but also in business to provide justice for all. The purpose of law in society has substantially evolved to produce consistency and fairness for the rights of individuals. The laws created are there to supply “ethical standards and expectations, while providing rules of conduct, measures to enforce those rules, and means for settling disputes.” (Bushman, 2007). However, legal mechanisms have been embraced in different ways all around the world. For example, there are different forms of government running certain countries and establishing laws that are deemed lawful. Granted not all types of governments hold the same views as to what is right or wrong when establishing laws. However, the majority of countries idea for creating rules and regulations to obey is to maintain order in society. According to Melvin (2011) “for purposes of studying the impact of law on business, it is important to recognize that the law also serves as an important...

Words: 744 - Pages: 3

Premium Essay

The Roles and Functions of Law

...The Roles and Functions of Law Law/421 Alisha Short April 23, 2012 Dr. Thomas Wilson Law is actually a body of rules of actions and or conducts determined by a regulating authority as well as having a legal binding force according to our text (Melvin, 2011). The law that we know is basically regulations, as well as rules that are applied by controlling person to provide help in deciding how a community is to act, control any family conflicts, as well as try to control criminal activities. It is accountable for how people maintain and act lawful. The law is accountable for keeping the integrity of all national politics, economic and the community. It also helps mediators when dealing with associations and individuals. Law has a big part in how the community decides moral standards as well as how they are carried out in the communities’ lives. These functions can consist of encouraging social rights, economic development, private liberties, keeping the peace, or safeguarding the community. If these elements weren’t in place, anarchy as well as disorder would be everywhere. A decent community wouldn’t be able to perform normally, which would create failure in all economic commerce as well as community function. Law actually has a variety of roles in the community. These laws are divided into three categories. These consist of criminal and civil laws, substantive and procedural laws, public and private laws. Without these functioning laws in the method, people...

Words: 858 - Pages: 4

Premium Essay

Roles and Functions of Law

...Role and Functions of Law Paper Your Name LAW/421 Date Instructors Name Roles and Functions of Law Law is important in the business environment; companies depend on the laws to protect their business while conducting business. These laws help enforce contractual obligations and protect them from unwarranted lawsuits from vendors, suppliers, and consumers. The concept of the functions of law in society is also critical. The nature of the law needs to be explained along with the disciplines related to law to interpret and apply the law and how the law interacts with the social norms (Raz, 1979).  Firefighting in itself has many standards, regulations and laws that affect the way firefighters perform their duties, to what they wear while performing their job, to the tools they use and interaction with patients. The functions and role of law in business, society, and industry are necessary for maintaining fairness, peace, freedom, justice, and safety. Functions of role of Law in Business Small business and large companies must adhere to same rules and regulations and need legal expertise once in a while. Business law creates guidelines on what companies and businesses can and cannot do, along with certain things that must be accomplished. Business law is a comprehensive control with several fields of the functions of business (Hamel, n.d.).  Business must pay taxes on the income that they earn, and the tax law determines how businesses pay taxes to...

Words: 913 - Pages: 4

Free Essay

Role and Function of Law

...Role and function of Law 2 Role and Function of Law “Law plays an important role in the successful operation of business and society” (Bushman, 2007). Laws put rules and regulation in place to maintain good conduct in our environment. Laws bring peace between people in many different ways. Consequences to broken laws help to control behavior and keep our standards in order. Laws can be difficult to understand because there are many different kinds. Taking responsibility to understand the law is important to establish peace and fairness in our society. Without law, the country could be a dangerous place. The government would be difficult to run without rules and regulations. Laws give us harmony in our society allowing us to operate efficient and effectively. What is Law? According to Melvin law is “a body of rules of actions or conduct prescribed by controlling authority, and having legal binding force” (Melvin, 2011). Laws involve having a set of firm rules that make people answer to actions if laws are dishonored or broken. Law is essential to have during uncertain times dealing with disagreements between businesses, government, and people in our society. Roles and Function of Law in Business Business owners have laws set in place which limits their power of how their business is operated. The law enforces fair opportunity to potential employees going through hiring processes. Business owners are given limited power to protect different races and genders from discrimination...

Words: 701 - Pages: 3

Premium Essay

The Role and Functions of Law

...The Role and Functions of Law Since the beginning of recorded history, laws have played a significant role in the way society has chosen to govern itself. From Jewish and Roman law in biblical days to the constitution-bound laws of modern democracies, law has established rights and responsibilities for individual citizens and businesses that reflect the accepted ethics of society. Law is a “body of rules of actions or conducts prescribed by a controlling authority and having legal binding force” (Melvin, 2011). It serves to unite a diverse population of people under a common set of rules that regulate behavior and protect individuals and businesses from others who violate those rules. Laws also articulate the consequences of violating those rules, creating incentive for people to obey them even when they do not necessarily agree with them. American businesses and individuals are regulated through constitutional, statutory, common, and administrative law. This paper will give an overview of the functions of each as well as well as examples of the role of law in past personal employment experience. The United States Constitution, consisting of a preamble, seven articles, and 27 amendments, is the undisputed backbone of the American legal system. It specifies the structure and powers of the Federal Government, and provides individuals and businesses protection from harmful actions. Constitutional law specifies specific powers for the legislative, executive, and judicial branches...

Words: 911 - Pages: 4

Free Essay

Role and Functions of Law

...Role and Functions of Law Paper Definition of Law According to S.P. Melvin (2011) law is defined “A generally accepted generic definition of the law is a body of rules of action or conduct prescribedby controlling authority, and having legal binding force.” So laws are there to help the group as whole decide what acceptable behavior is, give punishments when needed and help settle disputes to help create a function and productive society. We as a whole create laws to protect our family and property. Some laws are based upon the idea of the time. Such as if I was born within the early 1800 in America I would have been thought of as less of a human and even considered property as stated by the laws of the time. When the people realized what was going on and thought of it as wrong they created a new law to abolish it. So this is an example of how laws are not always for the good of the community as a whole.What the law try to provide and what is actually does are sometimes not the same thing. The function of law is to give people set rules to try and appease everyone but sometimes the laws disassociate some parts of the society such as slavery and separate but equal laws. Then there is times when laws go against each other as in the case with Cipollone v. Liggett Group, Inc. In this case “Cipollone brought suit againstLiggett for violation of several New Jersey consumerprotection statutes alleging that Liggett (and othercigarette manufacturers) were liable for his mother’sdeath...

Words: 828 - Pages: 4

Free Essay

Role and Functions of Law

...Role and Functions of Law Debbie Smith LAW/421 May 21, 2013 Tiffany Brady Role and Functions of Law Law is an important element to any civilized society. Without law the parameters of civilization would remain undefined. Law applies to everything in today’s society from personal life, to employment, and finally the government. The best way to describe law is a “body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (Melvin, 2011, p. 4). Therefore, laws are the basis of forming society to conduct business in normal daily operations through the roles and function of law. The laws that govern the citizens within the United States are entailed in the rights given by the Constitution of the United States. This paper will define the three specific roles of law and its function in business and society and how the law applies to employment. Definition of Role and Functions of Law in Business and Society Everything an individual does can affect the outcome and any action can be in favor of good or bad, right or wrong. The three areas of specialty roles of law are described in detail as follows: 1. Criminal and civil law – Criminal law is brought to court by the government on behalf of the people and prosecutes individuals for committing illegal acts against others or others possessions. This law is also public and can be accessed by any individual seeking information, unless a judge has ordered the case as private, specifically...

Words: 1097 - Pages: 5

Premium Essay

Role and Function of Law

...Role and Functions of Law LAW/421 June 27, 2013 Role and Functions of Law The law of the land to some may seem unfair and unjust. Surely there are those that think that wearing a seatbelt should be a choice and not a law. However the law in fact is put in place not only to correct criminal, or dishonest behavior, but also to protect. In today’s society often times the cure for any type of wrong doing is to sue; it seems that people use suing as a means of getting what they oftentimes feel is monetarily due to them for any type of discomfort or injustice. In the business world tough decisions regarding employment regulatory compliance, even interoffice regulations are decided on every day. The Law in Business In the business world the law often times has precedence on how some companies operate. For example, if a company produces paint by law it cannot dump toxic chemicals into the environment without suffering stiff federal penalties. As a business owner typically there is a vast knowledge of whatever the business specializes in, therefore there can often be oversights regarding legal issues. Laws in the business world prevent companies from doing unlawful or unethical things like making employees work long hours for an unfair wage, or product duplication. Employment and labor laws ensure that business owners not only treat employees fairly, but also compensate them at a fair wage. Product duplication or when company “a” produces and distributes an exact likeness...

Words: 841 - Pages: 4

Premium Essay

Role and Functions of Law

...Role and Functions of Law LAW/421 The accepted generic definition of law is: “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (Melvin, 2011, ch 1). “While there are many sources of American law, the common characteristic of the current state of law is that it creates duties, obligations, and rights that reflect accepted views of a given society” (Melvin, 2011, ch 1). The functions and role of law in business and society are much in the same; to provide guidance and structure. The laws which guide society and business come from a combination of constitutional law, statutory law, common law and administrative law. (Melvin, 2011, ch 1) Constitutional law is the basis for all other laws and is the “supreme law of the land” in the United States. (Melvin, 2011, ch 1) The Constitution works together with other sources of law in three areas: (1) Establishing a structure for federal and state governments (including qualifications of certain offices and positions) and rules for amending the constitution; (2) granting specific powers for the different branches of government; and (3) providing procedural protections for U.S. citizens from wrongful government actions (Melvin, 2011, ch 1). Not only is there a U.S. Constitution, at the federal level, but each state has their own constitution that “is the highest source of law within the state’s borders” (Melvin, 2011, ch 1). Constitutional issues that impact businesses include...

Words: 608 - Pages: 3

Premium Essay

Roles and Functions of Law

...Role and Functions of Law Megan Cresse Law/421 October 29, 2014 Alfred Fenzel Role and Functions of Law There are many functions of law within business and society, but only one role. Laws must be enforced for society and businesses to function proficiently. Behavior and standards are set rules and expectations. Law tends to be a complex subject that must be understood by society and businesses alike. This essay will discuss the various ways law is present in the everyday lives of people in society. To give further information, law within business will be discussed through the Human Resource department that is accessible in most companies. What is Law According to Zain (2012) “Law is the set of standards, principles, and rules a society sets up to govern the actions of its members. It spells out the rules and the penalties for failure to abide by them.” (p. 1). Take a game for example. The individuals who are playing the game need to know the rules of the game in order to play. It is the same with individuals in both society and business. To function properly, rules and regulations of conduct and behavior must be observed. Law is used to govern society, establish good behavior for its members as well as protect them if anyone violates the law. It is seen as a necessity that a country needs to keep it running effectively and efficiently. Role and Function of Law in Business In business, laws govern every phase. Any and every type of business, large or small, must...

Words: 841 - Pages: 4