Role and Functions of Law
Roles and Functions of Law
Tanya S Kleinschmidt
Law 421
March 25, 2013
Walter M Pence III
Roles and Functions of Law
Law is vast and diverse, which makes it overwhelming and confusing. The main purpose of the law is to create order in society and business. Law can be defined as “the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behavior of its members, so Law is a formal mechanism of social control” (Sixth Form Law, 2012, par. 4). The following will describe the function of law and what role it has in society and business in addition to looking at how law affects a specific industry.
Because American law is so diverse, it is broken down into several categories. Those categories include; Criminal law versus Civil law, Substantive law versus Procedural law, and Public law versus Private law. Please note that these categories are broad, and they are not mutually exclusive. An act or transaction can be classified in more than one legal category (Melvin, 2011).
First, laws, primarily statutes, are considered to be criminal or civil. Criminal law protects society. It is between private parties and society. For example, if someone is brought up on murder charges they would be tried in a criminal court of law. Violations of criminal law could result in penalties of fines or imprisonment to violators if convicted of the crime and proven to have intentionally committed the crime. Civil law is between private parties. Civil laws are created to compensate parties who have experienced losses because of the other parties’ actions. Examples of civil law could be divorce and accidental injury cases.
Next are the differences between Substantive law and Procedural law. Substantive law is a statutory law, which deals with the relationship between people or people and the state. Substantive law is used to define, regulate, and create
Tanya S Kleinschmidt
Law 421
March 25, 2013
Walter M Pence III
Roles and Functions of Law
Law is vast and diverse, which makes it overwhelming and confusing. The main purpose of the law is to create order in society and business. Law can be defined as “the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behavior of its members, so Law is a formal mechanism of social control” (Sixth Form Law, 2012, par. 4). The following will describe the function of law and what role it has in society and business in addition to looking at how law affects a specific industry.
Because American law is so diverse, it is broken down into several categories. Those categories include; Criminal law versus Civil law, Substantive law versus Procedural law, and Public law versus Private law. Please note that these categories are broad, and they are not mutually exclusive. An act or transaction can be classified in more than one legal category (Melvin, 2011).
First, laws, primarily statutes, are considered to be criminal or civil. Criminal law protects society. It is between private parties and society. For example, if someone is brought up on murder charges they would be tried in a criminal court of law. Violations of criminal law could result in penalties of fines or imprisonment to violators if convicted of the crime and proven to have intentionally committed the crime. Civil law is between private parties. Civil laws are created to compensate parties who have experienced losses because of the other parties’ actions. Examples of civil law could be divorce and accidental injury cases.
Next are the differences between Substantive law and Procedural law. Substantive law is a statutory law, which deals with the relationship between people or people and the state. Substantive law is used to define, regulate, and create
References: Diffen. (n.d.). Procedural Law vs Substantive Law. Retrieved from http://www.diffen.com/difference/Procedural_Law_vs_Substantive_Law Melvin, S. P. (2011). The Legal Environment of Business: A Managerial Approach: Theory to Practice. New York, NY: McGraw-Hill/Irwin. Sixth Form Law. (2012). What is Law? Retrieved from http://sixthformlaw.info/01_modules/other_material/law_and_morality/0_what_is_law.htm