In week one the objectives were to define the functions of law in society and to define the role of law in business. Law in society is the regulation of social behavior. Laws play an essential role in the success of society and businesses. Laws in which a society operates efficiently regulate most social behavior. Laws are an essential part of any successful society. This includes the businesses within these societies. The laws within a society direct social behavior.
Ethical standards and expectations are also supplied through different laws. These rules and laws of conduct also include measures to assist with enforcement and how to settle any conflict that may arise. Laws provide rules for personal conduct, set ethical standards, and expresses social expectations. It is very important to understand that in the absence of laws to govern people’s actions in society and businesses, society cannot function effectively and commerce would most likely fail. These laws and rules of conduct also conclude assistance with enforcement and how to settle conflicts that may arise. Some other functions of the law are checking government power, peacekeeping, facilitating planning, promoting personal freedom, and promoting social justice, (Mallor, Barnes, Bowers, and Langrardt).
The role of law in business is a complex mixture of state, federal, and municipal statutes. The business laws must work together to ensure fairness and predictability. Property rights are protected so competition is encouraged. Whether a company transaction involves the sale of a car, or complicated billion dollar record deal, the law provides a way for all individuals to interpret their obligation and duties. According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates manybranches of conduct.”
The most common business law is contract law. Contract law is a large field which governs conduct in business areas which includes assignments of rights, contract drafting, delegation of duty, conditions to contracts, remedies, and breach. The Uniform Commercial Code (UCC) is a critical type of contract law and governs goods sales. Some contract issues may arise such as whether a party has breached their contract duties. There are also Intellectual Property laws that deal with trademarks and patents. Trademarks prevent confusion in products among consumers.
One example of a trademark is the official NBA logo. Patents exclude others from making and using personal inventions and gaining business from it. Corporate law oversees formation of corporate businesses. Corporate codes from the state gives regulations and rules pertaining to articles of information by law, board of directors, and others who form a corporation. Function and Role of Law in My Job
The basis of the military legal system is the Uniform Code of Military Justice (UCMJ), which applies to all aspects of the military. Most of the issues in this document include treatment and apprehension of prisoners, the bringing of cases to military courts, the trial process, and the different types of court-martials. In addition, rules govern military jurisdiction, legal investigations, discharges, the release and revision of military records, post-trial review procedures, and appeals.
The UCMJ applies to all active-duty, reserve & Guard, and retired military personnel. Violation of any of the articles of the UCMJ can bring punishments ranging from loss of privileges to confinement and discharge. These rules are strictly enforced in all branches of the military. One example for the use of UCMJ would be a soldier getting pulled over on post by a military police and receiving a Driving Under the Influence (DUI) charge. There are a number of differences regarding a military DUI compared to a civilian DUI charge.
The first difference is that when a person is in the military, their case is tried in a military court, which has a different criterion for evaluating the state’s legal blood alcohol level. In fact, in a military court, if the blood alcohol limit is lower than the state’s legal limit, it doesn’t necessarily matter. Another example would be a soldier getting charged with sexual harassment of another soldier or a civilian. Sexual harassment is the unwanted gestures or comment to an individual in a sexual way. The military is more strict with their laws than a civilian police or court. Conclusion
In conclusion, this paper discussed the definition of functions of law in society and defines the role of law in business. This paper also gave a brief description of the functions and role of law in my present job. Laws are important in every aspect whether it be business or society.
References:http://www.merriam-webster.com/dictionary/lawMelvin, S.P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin www.military.com/benefits/military-legal…/military-law-overview