Before one begins to ask what the roles and functions of law in business and society consist of, one needs to begin by asking for the clear definition of, what is law? And how does it pertain to you and the society in which you live in? By definition law is a system of rules a society sets to maintain order, protect harm to individuals and property. Law works as several functions and roles in business and society. In the following we will review a few of the important roles and functions that the law serves in. We will begin by exploring the different types of law. Substantive laws are the social rights and duties of people. Procedural law, are guidelines through which government bodies or courts deal with breaches in substantive law.
An example of substantive law would state that stealing from anyone is a crime, while procedural law would define how the courts could try and sentence in the case. Criminal law is the law in which crimes are prosecuted by governing bodies. For example if a person committed the unlawful act of getting intoxicated and then deciding to drive while being intoxicated, that would be known as a criminal act, which could lead to the arrest and conviction of the individual. In a similar case involving an intoxicated driver that crashes into a piece of property, the owners of that property would file a civil lawsuit against the driver for property loss, the type of law that is associated with this case is civil law. Public law is the framework of guidelines defining the relationship between the government and individuals.
Private law, are the guidelines through which individuals or groups interact with one another. For example, public law has subdivisions that include constitutional, administrative, and criminal law, whereas private law would cover such areas as contracts and properties. The most important functions of the law include protecting the environment, peacekeeping, social justice, and checking government power and promoting personal freedom.
These functions of law protect the interests of individuals and businesses through a system of rules, enforced by governing bodies. Some of my personal interactions with rules and regulations are standardized in conjunction to federal and state laws. For example, I work as a bartender at a golf resort, and there are a set of obligations that I must abide by in order to stay employed with the company. Those obligations include checking identification of any guest under forty purchasing alcohol, not letting anyone under twenty-one from sitting at the bar, stop serving alcohol to anyone that is already intoxicated, taking required breaks at required times, and etc.
The daily legal functions that I perform are laws that protect my work environment, the guest, and the business. Without the laws and ethical guidelines my work environment would not be a safe place to work at or visit. In Conclusion, the functions of the law are mainly responsible for the framework on how society conducts itself ethically day to day. If any entity decides that they do not want to live within those guidelines they may suffer fines or jail time, depending on the unlawful nature of the action or event. The laws are no more than a set of rules and regulations of governance to how people, business, and government are instructed to abide by. Without laws in place everyday life would not be the same, society as a whole would ratify their perception of their actions on personal bias beliefs of what is right and wrong, which would not work.
References Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin. Hegreness, M. J. (2011). An Organic Law Theory of the Fourteenth Amendment: The Northwest Ordinance as the Source of Rights, Privileges, and Immunities. Yale Law Journal, 120(7), 1820-1884.
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