Law 421 Role And Functions Of Law Paper

Role and Functions of Law
Name Here
LAW/421
April 13, 2015
Neha Bhatia

Role and Functions of Law
When I think of the term ‘Law’ I visualize a sense of order, control, a dominion controlled by rules, which are enforced by individuals appointed with a general authority. The definition of the term law varies slightly but may be broad dependent due to the many variations and use of law. One definition of Law is defined as “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force (Melvin, 2011). In this paper we will discuss the functions and role of law in business and society.
Business Law and Social Cues
The law as we know it serves many purposes in business and society. The law helps to
establish standards in business, which also contributes to fairness in society. Establishing standards helps businesses operate at a level that is both ethical and practical to interacting with consumers while protecting the business from legal negligence. The function of law in business and society helps to maintain order and control, as it is a key factor to success in business and in society.
Society will always pose a challenge to the law as the views, opinions, and understanding of a law creates for a necessary and instinctual rejection.
However, having laws in place facilitates the discussion and resolutions of disputes. In business these resolutions can become very costly to the business, but through methods of dispute resolutions such as alternative dispute resolution (ADR) businesses may remedy the dispute without going through legal battles in a court system. The same applies for disputes in society, as disputes arise, having a guide and understanding of the law allows separate parties to come to a mutual agreement through
mediation.
Many people are ignorant to the laws outlined within our constitution. Though ignorance does not allow for misconduct, it certainly breeds disruption in society. “A purpose and function of the law is to protect these various liberties and rights from violations or unreasonable intrusions by persons, organizations, or government” (Brickley & Gottesman, 2015).
The functions and roles of law in business is the centerpiece of what keeps the business running successfully. Dependent to the level of detail given in every business and enforced by managers down to the lowest level is what will ultimately determine the success or failure of a business. The function of law in society is similar whereas it is provided to society as a guideline to follow and is based on common sense. This common sense creates a level of fairness with the use of governance for the protection of people that are frequently interrupted by criminals. Criminals are the percentage both in business, and society that refuse to adapt and adhere to prescribed law for reasons of personal belief, or a sense of unfairness to one’s belief system. Others wish to take the easier road and choose the path that is mostly unacceptable and creates a temporary ‘advantage’ to criminals that feel the urge to get ahead by any means.
My Occupational Laws The military is a great example of obedience to prescribed laws, rules, regulations, or policy as some may call it.
As a Soldier in the U.S. Army I am governed by a set of laws known as the Uniform Code of Military Justice (UCMJ). This code is what shapes the way we operate on a day-to-day basis. The military is a business that requires the utmost enforcement of its laws and policies by all whom swear to follow. A primary function of the law within the military is to obey lawful orders from those appointed above you. The Chain of Command is an established structure of authority within the military that is used to keep all functions, and aspects of daily operations performing smoothly. The Chain of Command uses the UCMJ to govern those in uniform for the purpose to control, and organization. Just as business law creates a form of control, protections, and guidance within an organization so does UCMJ. In comparison, those that refuse to follow the law in business runs the risk of bringing forth legal action against an organization for failure to comply, or deliver as expected. Soldiers are expected follow lawful orders provided to them for the purpose of directions leading to the success of every mission. If I were to take action on something or someone that caused damage without first receiving orders, then I am not protected and may be charged within the basis of the
UCMJ.
Conclusion
In conclusion, the law in business and society is established to limit growth and potential of an organization, or individual. The function of law is there to protect and provide for the enrichments of a business, or person. Our law has a protection to both businesses and individual from the overpowering role of the government. According to Fundamentals of the Legal Environment of Business it states “the law provides protections to individuals and businesses from government overreaching through constitutional guarantees contained in the Due Process Clause of the Fifth and Fourteenth Amendments” (Melvin, 2011). This shows that even with the law in place created by our own government that without understanding the law may create a window of disruption and chaos. The function and role of the law in business, and society helps to protect the business from itself and its customers. Additionally, the laws create a common sense guideline on how to interact within the business and society. Society uses the law to protect itself from the government, and protect their rights and virtues. Without laws comes a form of chaos and disorganization. The ignorance of the law does not excuse the negligence of unlawful actions!
References
Brickley, S., & Gottesman, B. (2015, Spring). Business Law Basics. Retrieved from http://http://www.businesslawbasics.com/business-law-basics
Melvin, S. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: Mc-Graw-Hill/Irwin.