LAW/421
November 3, 2014
Charles Hughes
Role and Functions of Law
“Law plays a significant role in the successful operation of business and society” (Bushman, 2007). Laws create order and allow a government to instruct citizens on what is acceptable behavior. These laws, better known as public laws, provide a clear set of rules for citizens to follow.
What is Law? According to Melvin, law is defined as “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (2011). The main purpose of law is to govern a society and to control the behavior of individuals. Law can be viewed as a form of social control as it establishes rules and regulations.
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of Law in Business Law rules every phase of business. All businesses rely on law to protect their business from lawsuits brought by consumers, vendors, suppliers, and employees. Business law details what a company can and cannot do as well as certain things that must be done. There are laws that control taxation, competition, intellectual property, employment, and environmental concerns (Bushman, 2012).
The law affects how business is formed and structured. Employment laws protect individuals and employers as it defines ways to handle conflicts, provide fair platforms to conduct business, and ensure equal opportunity. For example, the law states the businesses must provide equal opportunity to potential employees during the hiring process. An employee should be hired based on their qualifications and not by their race, gender, or background.
Role and Function of Law in Society The role of law in society is to maintain social control and create discipline.
Laws were created for a society to understand what is acceptable and what is not. Functions of law in society include peacekeeping, promoting personal freedom, regulating government power, promoting economic growth, and protecting society and environment (Vago, 2011). According to Melvin, the federal is superior to state laws and if a state that conflicts a federal law is not effective (2011). Without laws, the society would have no ethical structure, or rules. Without laws to govern the actions of people in society, it is highly likely all social structure and commerce would collapse (Melvin, 2011). If there are no laws within a society then there is no control. Without laws, there would be no structure for people to settle disputes. With laws in place to protect individuals, it provides a peace of mind understanding the value of confidentiality, freedom, and security.
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Hospitality Understanding the law in business is important to the hospitality industry. Hospitality law is a legal practice related to the treatment of a person’s guest or those who patronize a place of business. Hospitality law is related to the concept of legal liability. It is intended to protect both the business and guests against injury, whether accidental or intentional. Hospitality law doesn’t just involve one area of law. It encompasses a wide variety of practice areas, including contracts, antitrust, tort law, and more. Recent spurts of food poisoning cases and increasing awareness of food illnesses have brought hospitality laws front and center in the public conscience.
Restaurants have a duty to sell food that is suitable for human consumption. Many states have enacted “Truth in Menu” laws governing descriptions of food items on menus to allow customers to make healthier choices and to ensure that the customer receives exactly what they ordered. The federal government also has a plethora of food regulations that restaurants must abide by, such as warnings regarding trans fats. Restaurants must also protect customers against slips and falls, food poisoning, and other personal
injuries.
Conclusion Although the law can be very complex, it is necessary and it plays a very important role in our everyday lives, especially in business and society. Laws set rules maintaining control within the society and establish ethical behavior within businesses and create social boundaries. Without laws, the society would be crazy. Law allows the society to prosper by understanding what can and cannot be done, provides acceptable means of resolving disputes, and regulating business standards.
References
Bushman, M. (September, 2012). The Role and Functions of Law in Business and Society.
Retrieved from http://www.associatedcontent.com/article/139783/the_role_and_functions_of_law_in_business.html
Melvin, S. P. (2011). The Legal Environment of Business: A Managerial Approach: Theory in Practice. New York, NY: McGraw-Hill/ Irwin.