December 5, 2013
Tracy Owens
Role and Functions of Law
Law is a multi- layer theory, some consider it complex and confusing and others are able to understand the different functions of law in society. Law is defined as a body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by controlling authority. The purpose of the law is to provide some system of order that defines crimes and levies punishment for violation of the crimes. Law has a significant role in the successful operation of business and society. Within the umbrella of “Law”, are several components and categories. Laws are as ancient as civilization. They are necessary for the common good and for the welfare of society. Black’s Law Dictionary, as quoted by Melvin (2011), defines law as a “body of rules of action or conduct prescribed by controlling authority, and having legal binding force”. In other words, laws are rules of behavior that are legally binding and are enforced by controlling authority. Laws affect every aspect of our lives but most of the time we are not aware of them. We pay our taxes, observe the speed limit, and avoid stealing, without having a sense of being watched. Honesty and truthfulness are natural for most people. However, laws protect the rights of individuals and business entities and allow for compensation when injury has been inflicted. In the United States, the legislature, made up of the Senate and the House of Representatives, makes laws. The President has the power to veto a bill before it is passed into law. The Supreme Court reviews laws and can invalidate laws that are inconsistent with the Constitution (Melvin, 2011). American law uses the concept of the doctrine of stare decisis (Latin “to stand by that which is decided”). Cases that have the same facts and issues have outcomes