The longest serving Supreme Court Judge William O Douglas most popular quotations is “Common sense frequently makes great law” This quote is what laws are rules and regulations that make common sense is, and to enforced ethical decision. Laws help the public as well as keep many parts in community. In business and society laws serve several roles and functions, and this paper will discuss those roles and functions.
Functions of Law
Law is defined as: “body of rules of actions or conducts determined by a regulating authority as well as having legal binding force” (Melvin, 2011 pg.18). Many people would define law is basically regulations as well as rules applied by controlling body to provide help in deciding how community is to perform themselves, control family conflicts as well as control criminal activities. The law is accountable for keep the integrity of national politics, economics as well as community, when serving as a mediator to the associations of individuals.
The law plays a big part how a community decides how we carry out our lives as well as its moral standards. Today, at least eight major functions of law can be identified: to keep the peace, to influence, and enforce standards of conduct, to maintain the status quo in certain aspects of society, to facilitate orderly change, to provide for maximum self-assertion by the individual, to facilitate planning and the realization of reasonable expectations, to promote social justice, and to provide a mechanism for compromise solutions between polar principles and positions. Without these key elements in communities anarchy would start to happen (World Academy Online, 2010-2012). The Roles of Law
American law is so vast and diverse the law is broken down into three classifications Criminal and Civil Laws, Substantive and Procedural Laws, and Public and Private Laws. It is important to know that these classifications are not mutually exclusive. For instant a crime can be broken down into more than one of these three classifications.
The first type of law that will be discussed is criminal and civil laws. Criminal laws are a protection of society, and the violation of criminal laws results in penalties to the violator such as fines and imprisonment. Example or criminal law would deal with the prosecution of a crime, such as one person hitting another with their car. Civil law is the law through which private parties may bring lawsuits against one another for any wrongdoings. An Example is if someone got into a car crash and gets injured they would sue the other party for monetary compensation (Melvin, 2011, pg.18). Substantive and Procedural Law
Substantive laws provide individuals with rights and create certain duties. An example of substantive law is a breach of contract like a roofer did not finish their job and it rained and cause roof damage. Procedural law Procedural law is a term used to describe a set of rules governing how all aspects of a court case are conducted, including the event that occurs before, during, and after the trial. For example bankruptcy courts often have their own unique rules for conducting a suit (WiseGeek.com). Public and Private Laws
Public law is the framework of guidelines defining the relationship between the government and individuals, and private law is the guidelines through which individuals or groups interact with one another (Bushman, 2007). An example of public law is speed limits are in place for public safety. Examples of private law, family law, Contract law, and commercial law are all examples of private law. These three classifications of law can affect both business and society, through not only the guidelines defining what is and is not a crime, but also through protection for both.
Law and the Work Environment These days every corporate business to the locally owned business has specific rights under law to protect the interests of their businesses. These businesses have to support the law on a national, state, and regional level. There are laws that defend possible workers from discrimination (race, sexual category, gender, inclination, or spiritual choice), this provides everybody a good opportunity to get job. Companies are to maintain the law from employing new workers, paying taxes, withholding taxes, and legal rights of workers. Laws in business and industry will differ based on what function they work under; however, the same equal legal rights affect everybody.
Laws impact not only businesses but communities, and their roles are important to everybody. Every type of government all over the world makes and upholds laws, usually with the objectives to defend its people from unnecessary difficulty and general unfairness. These laws are put effect for good reasons in today’s society that keeps growing through populations without rules and regulations there would be anarchy. Common sense has been making laws for a long time.
References Bushman, M. (2007). The Role and Functions of Law in Business and Society. Retrieved on April 30, 2007
Melvin, S. P. (2011). Fundamentals of the Legal Environment of Business. Retrieved from The University of Phoenix eBook Collection database.. THE FUNCTIONS OF LAW . (2010-2012). Retrieved from http://worldacademyonline.com/article/22/64/the_functions_of_law.html What Is Procedural Law?. (2012). Retrieved from http://www.wisegeek.com/what-is-procedural- law.htm