The Function and Role of Law in Business and Society
Law is the defined as the body of rules of action or conduct prescribed by controlling authority, and having legal binding force. In simplified terms Law is the body of rules, or regulations, that create duties and rights within a widely accepted viewpoint within society. Everyone will not always agree to what is right and wrong. Therefore, the law not only outlines the rules by which we must abide, it also provides the guidelines by which government must enforce the law. While the purpose of law, in general, is to promote structure and fairness in society; business law is designed to keep good faith dealings among merchants and consumers. Without law in business, there would be no structure to prohibit people from taking advantage of others. Business law is necessary in making people feel secure in doing business and fuelling our society’s economy.
There are various applications and functions of law in both society and in business. According to Melvin (2011), “modern law in the United States regulating businesses and individuals is generally a combination of constitutional law, statutory law, common law, and administrative law at the federal, state and local levels”(p. 8).
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... for rules of conduct called laws. Law helps to enforce and maintain ethical standards and civil obedience. In business and society the rules of ... and functions of law in business and society are defined and explained. Law So what is the purpose for law? Law severs a resolution ... conduct are essential to preserving order and harmony. The complexities of the law can ...
These are the primary & secondary sources of the law. Constitutional law is the foundation for which all laws in the United States are based. Constitutional law outlines the primary basis for which society is to be protected. Statutory law is created by the legislative body and either approved or denied by the executive branch of the government. Congress is responsible for creating bills, or suggestions for laws, that will passed at the Federal level.
Laws can be created and passed at the state level as well by the state legislature. State level laws could include laws that effect society, such as marriage laws; as well as laws that effect businesses such as laws pertaining to business licensing and zoning regulations. Secondary sources of the law more closely represent benefits to both individuals and businesses. These secondary sources of the law are created to simplify the complexity of judicial decisions. Melvin states ()In the business context, the most important secondary sources of law are (1) a collection of uniform legal principles focused in a particular area of traditionally state law called Restatements of the Law, and (2) various sets of model state statutes drafted by legal experts as a model for state legislatures to adopt in their individual jurisdictions. The purpose behind these secondary sources of law is to increase the level of uniformity and fairness across courts in all 50 states“ (Melvin, 2011, p. 15).
Common laws are created by judges, or the courts, who determine what’s fair based on prior rulings adhering to both state and federal laws. Administrative laws help define how laws set by the government and by the courts will be enforced. For example in business, if the government passes a law protecting a product patent, administrative law would determine specifically how that product would be protected. Administrative law keeps law enforcement fair and consistent. Understanding business law is extremely important so that one doesn’t risk its company integrity while trying to gain customers. Business law is important to understand as it governs and protects a company’s intellectual property, which could be easily stolen otherwise. Business laws are set up to protect employees so that they are treated fairly in the workplace. Laws that require companies to hire those with disabilities are in place to prevent discrimination.
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REHABILITATING OUR CRIMINALS America releases 600, 000 prisoners each year, but does little to prepare them for work or to improve their unlawful habits. However-not surprisingly-within three years, many of the ex-convicts are re-arrested (Irwin 38). People who have already spent time in prison or jail move back to some of America's poorest neighborhoods to terrorize neighbors who can ill afford ...
Labor laws are in place to protect individuals that are hurt on the job and set minimum wage standards so that everyone is treated equally. There are business laws that restrict what employers can and cannot research when a background search is being performed for a new applicant. There are industry specific job laws that are in place to protect both the worker and the consumer such as health code regulations for restaurants. If these laws did not exist business owners may be tempted to run their businesses in ways that do not meet society’s definition of fair, or right. “Laws are designed to protect society, which results in penalties to the violator such as fines or imprisonment” (Melvin, 2011, p. 22).
The law is put into place to protect not only the business owners, its employee’s, and it customers. Business law is also put into place to protect society and this country’s economy as a whole.
References
Melvin, S.P. (2011).
The Legal Environment Of Business- A Managerial Approach. . Retrieved from The University of Phoenix eBook Collection database.