The role of the law “is a system of rules usually enforced through a set of institutions”. (Wikipedia, 2007) These rules are governed and regulated as specific types of laws. Some types of laws are constitutional laws, which exist only at state and federal levels. (Mallor et al. , p. 2,p. 3) This types of law sets up structure and oversee prevention of other government levels. (Mallor et al. , p. 2,p. 3) Another type of law is Statues in which elected representatives draft a book or code that is authorized for uniformity in the states. (Mallor et al. , p.3).
Common law is also another type of law in which judges apply these laws for a case by case basis which are not governed by other types of laws. (Mallor et al. , p. 3) When common law produces unfair outcome, equity, otherwise know as “rough justice”, is applied. (Mallor et al. , p. 3) Some other types of laws such as treaties, which are made by the president with foreign governments, and ordinances which are state governed, both produce different types of laws for specific purposes. (Mallor et al. , p. 6) Executive order is a limited power delegation given to the president or state governor to help enforce laws.
(Mallor et al. , p. 6,p. 7) With all these different types of laws there needs to be some type of priority to help establish precedence over the other types of laws. According to Business Law: The Ethical, Global, and E-commerce Environment, some of the rules that would support precedence over other laws would be: 1. “According to the principle of federal supremacy, the U. S. Constitution, federal laws enacted pursuant to it, and treaties are the supreme law of the land. This means that federal law defeats conflicting state law. ” 2. “Constitutions defeat other types of law within their domain.
Thus, a state constitution defeats all other state laws inconsistent with it. The U. S. Constitution, however, defeats inconsistent laws of whatever type. ” 3. “When a treaty conflicts with a federal statute over a purely domestic matter, the measure that is later in time usually prevails. ” 4. “Within either the state or the federal domain, statutes defeat conflicting laws that depend on a legislative delegation for their validity. For example, a state statute defeats an inconsistent state administrative regulation. ” 5. “Statutes and any laws derived from them by delegation defeat inconsistent common law rules.
For example, either a statute or an administrative regulation defeats a conflicting common law rule. ” Laws have classifications standards set within the types of laws, as previously listed above, which regulate the laws within society. These classifications of law are criminal and civil law, substantive and procedural law, and public and private law. (Mallor et al. , p. 8) Criminal and civil law are very distinct aspects of the law, with criminal law vigorously involving governmental prosecution, and civil involving obligations from one party to another, both may end up involving the government however.
(Mallor et al. , p. 8) Substantive and procedural law deal with duties and behavior of the law, with substantive actively enforcing people and procedural enforcing governmental bodies such as the courts. (Mallor et al. , p. 8) Public and private law set the “framework” for the laws, such that the public law “concerns the powers of the government and the relations between government and private parties” as private law “establishes a framework of legal rules that enables parties to set the right and duties they owe each other”.
(Mallor et al. , p. 8) The rules of the law tend to bend and mold to suit the natural order of the changing society we live in today. The law itself has helped to adapt “to further the social good” but furthermore has produced a loophole that leads to “instability and uncertainty” in the alterations of those laws. (Mallor et al. , p. 11) Although lawmakers have learned to bend and mold those laws, there are still some general functions laws provide. One general function is peacekeeping.
Other general functions of the law also include 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 also protecting the environment. (Mallor et al. , p. 11) These functions make up some aspects of the law, although there is room for function quarrels which forecasts limits to some of the functions of the law in order to provide the best possible outcome for each individual situation.
With every type of law there are classifications that help meet the needs for each case that bequeaths the courts. With each type of law are priority rules to help characterize there precedence within those types of laws. Each law has classifications, such as public and private law, which help differentiate each laws purpose. Although each law is to its own specification in society, there are functions of each law that help uphold the law as a whole and help what I like to call keeping peace within a society that is ever changing, because without law, justice cannot prevail.