From the e-Activity, describe two (2) major functions of law in

| October 22, 2018

From the e-Activity, describe two (2) major functions of law in the U.S. Discuss the success and failure of law in fulfilling your two (2) chosen functions of law in our society. Provide two (2) examples of such success and failure to support your rationale. Examine three (3) relative roles of law in our society from Chapter 1 of the text. Discuss members of society’s level of willingness to follow the law in these roles. Provide a rationale for your response.The Roles and Functions of Law inBusiness and SocietyIntroductionWilliam O. Douglas said, "Common sense often makes good law." Wellthat is what laws essentially are, rules and regulations that make surecommon sense is followed. One could even say that laws are enforcedethics. Laws serve several roles and functions in business and society,and this paper will discuss those roles and functions.What is law?According to Reference.com (2007), law is defined as: "rules of conductof any organized society, however simple or small, that are enforced bythreat of punishment if they are violated. Modern law has a wide sweepand regulates many branches of conduct." Essentially law is the rulesand regulations that aid in governing conduct, handling disputes, anddealing with criminal actions.Roles of LawThe law serves many roles in business and society. Where this is mostapparent is in its three classifications:1. Criminal and Civil Law Criminal law is the law through whichpublic commitment of crimes are prosecuted by governing bodies,whereas civil law is the law through which private parties may bringlawsuits against one another for real or imagined wrongdoings. That is,criminal law would deal with the prosecution of a crime such as oneperson hitting another with their car, and civil law would deal with thelawsuit, as the person hit would sue the driver of the car for monetarycompensation.2. Substantive and Procedural Law Substantive laws are the socialrights and duties of people, and procedural law are guidelines throughwhich government bodies or courts deal with breaches in substantivelaw. In other words, substantive law would state that hitting someonewith a car and driving off is a crime, while procedural law would definehow the courts could try and sentence in the case.3. Public and Private Law Public law is the framework of guidelinesdefining the relationship between the government and individuals, andprivate law is the guidelines through which individuals or groupsinteract with one another. For example, public law has subdivisions thatinclude constitutional, administrative, and criminal law, whereas privatelaw would cover such areas as contracts and privately-owned properties.These three classifications of law affect both business and society,through not only the guidelines defining what is and is not a crime, butalso through protection for both. The examples above talked about a carhitting an individual. If it were taken one step further and the carbelonged to a business, there are laws in place safeguarding theculpability of the business from the incident since though it is acompany car, the company itself was not driving it. Instead the driverand only the driver would be the one at fault, and the victim would haveonly the driver to seek compensation or prosecution against.Functions of LawWhether it is corporate, personal, or societal, laws are created to protectthe interests of the masses. According to the textbook, Business Law:The Ethical, Global, and E-commerce Environment, the most importantfunctions of law include the following:1. Peacekeeping2. Checking government power and promoting personalfreedom3. Facilitating planning and the realization of reasonableexpectations 4. Promoting economic growth through free competition5.Promoting social justice6. Protecting the environmentThese functions of law protect the interests of individuals and businessesthrough a system of rules, enforced by governing bodies. These systemsof rules, as listed by Reference.com (2007), include the following areasof law:Constitutional provides a framework for creating laws, protectinghuman rights, and electing political representativesAdministrative provides the means by which citizens can challengegovernment powers International regulates the way in which nationsdeal with one another, ranging from tradeto environment to military actions Contract regulates everything frombuying a new computer to selling a businessProperty defines the rules and obligations in renting, buying, orselling property, whether it is a home, business, or landTort defines the means by which an individual or company canreceive compensation if themselves or their property are damaged orharmed in some wayTrust defines the rules applied towards assets such as investmentsCriminal defines the means through which any criminal act can beprosecuted and sees thatthe perpetrator is punishedConclusionThe roles and functions of law provide rules and guidelines for justabout everything one could encounter, both socially and professionally.The law provides not only rules for those things that are not acceptable,but provides the means by which to protect ones self or challengeinjustices. In a world that is continuously growing through populationswhile seemingly shrinking in size, without these rules and regulationsthere would be a boom in criminal actions as well as increased atrocities.While common sense makes good law, criminals and the dishonest donot necessarily have common sense, and it is up to governing bodies toprotect not only the innocents from the criminals, but also to protect thecriminal from themselves.ReferencesBushman, M. (2007). The Role and Functions of Law in Business andSociety. Retrieved on Apr 30, 2007, fromhttp://www.associatedcontent.com/article/139783/the_role_and_functions_of_law_in_business.htmlMallor, J., Barnes, A., Bowers, L. and Langvardt, A. (2004). Business Law:The Ethical, Global, and E- commerce Environment, 13th Edition. Retrievedon Apr 24, 2007, from University of Phoenix Resource.

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