FUNCTIONS AND ROLE OF LAW

Functions and Role of Law in Business and Society
LAW/421
10 February 2014

Functions and Role of Law in Business and Society In his address on May 30, 1924 at Arlington National Cemetery, President Calvin Coolidge (2014) stated that “When each citizen submits himself to the authority of law he does not thereby decrease his independence or freedom, but rather increases it. By recognizing that he is a part of a larger body which is banded together for a common purpose, he becomes more than an individual, he rises to a new dignity of citizenship” (para. 5). This single sentence encompasses the true meaning of what the role and functions of law have on its citizens and also society at large. Law is not there to take away from its citizens, but it is there to protect their rights, property, maintain order, and protect each person’s civil liberties.
Law creates duties, obligations, and rights that a society has viewed as necessary so that society can live in harmony (Melvin, 2011). The role of law in a society is there for each of its lawful citizen’s safety against the unlawful. Law must be in place so there is equality between everyone and not just a few individuals. The rule of law is effective in a society in that it regulates what we do. Law forces each person in a society to think about what is right or wrong in their decisions and if those decisions are against the laws of that society. If the rule of law was not enforced, then there would be nothing to prevent the brutality of leaders who would think to take over everything (Laws.com, 2013). This is important in that the law and its functions were put into place to prevent our own government for becoming totalitarian.
For the United States Government to function properly, our founding fathers believed that no branch of government should be more powerful than the other. For this to function, they gave the Legislative Branch of government the ability to make laws, but the law must be signed by the president. The President of the United States has the Executive Branch authority to sign the bill into law, veto the bill, or hold onto it for some time. If vetoed, the legislative branch can override it by a two thirds vote. The Judicial branch has authority to strike down the law if it is unconstitutional. Each of the three branches of government work together in a checks and balances act that gives each its authorities but keeps the equal in power.
In business, the rule of law is there to help guide the business along and help it become successful. Law is not there to burden the business but give it guidelines to follow so that the business becomes part of the society. Those guidelines can be laws that guard against discrimination or how the business should be run. Laws will help guide the business in protecting its employees or guarding itself from other businesses. The law functions to help business know how to deal with conflict and become a fair business that protects its employees. A business that does not follow the letter of the law can face harsh punishments, scandals, fines or even shut down. This can cost tax payers millions of dollars in court time and cost the business everything. It is beneficial for any business owner to know the law and what he or she can and cannot do in that society’s law. These laws effect every business across the United States and its territories, even into its military.
Not only does the United States Military have to follow the federal and state laws but also its own Uniform Code of Military Justice (UCMJ). Since the military’s birth in 1775 there has always been a law or what was commonly known as the articles of war. These loosely defined military law did not become an office law until 1951 when under Title 10, section 47 it was voted into law and signed by President Truman. These laws guide the military in honor and discipline and give commanders at all levels the authority to exercise those laws. The laws within the Uniformed Code of Military Justice can differ from civil law but can also enforce those civil laws to keep military personnel protected and disciplined.
The functions and rules of law are necessary for any society to function. Law is not there to take away from its citizens, but it is there to protect their rights, property, maintain order, and protect each person’s civil liberties. Law must be in place so there is equality between everyone and not just a few individuals. Each society across the globe have their own laws and how they perceive the people of that society to act. From the time of the earliest settlers law has been in place to protect those people from the wrong doings of others. It is important to have law and it is those laws that have made societies safe.

References
The American Presidency Project. (2014). Calvin Coolidge: Address at Arlington National Cemetery: "Freedom and Its Obligations". Retrieved from http://www.presidency.ucsb.edu/ws/?pid=24185
Melvin, S. (2011). The Legal Environment of Business; A Managerial Approach. Retrieved from The University of Phoenix eBook Collection database.
Laws.com. (2013). Now You Can Know the Functions of Law. Retrieved from http://paralegal.laws.com/functions-sources-law/functions-of-law

References: The American Presidency Project. (2014). Calvin Coolidge: Address at Arlington National Cemetery: "Freedom and Its Obligations". Retrieved from http://www.presidency.ucsb.edu/ws/?pid=24185 Melvin, S. (2011). The Legal Environment of Business; A Managerial Approach. Retrieved from The University of Phoenix eBook Collection database. Laws.com. (2013). Now You Can Know the Functions of Law. Retrieved from http://paralegal.laws.com/functions-sources-law/functions-of-law