Role and Functions of Law
Role and Functions of Law The law is a delicate yet malleable set of rules and principles that are formed to suite the needs of those deciding its purpose. The role of law for business and society is to provide set rules and procedures that fall within general functions which reflect the position of the people. In various types of governments the law is adjusted to suite the needs of the dictator, its citizens or its elected body as seen fit. In a republic, such as the United States of America, the laws are formed by elected leaders to suite the needs and concerns of the citizens (Republic, 2005). These laws are adjusted, changed and updated as needed in order to match the position of the voting majority.
The Role of Law The role of law in a society according to Michael Doherty is to assert the moral rules that exist independently of reason (Doherty, 2001). By this assertion the laws should adjust and change as society changes. The people of a society should have the ability and obligation to change the laws as needed and should not be controlled by the law. The law should reflect a balance of the American jurisprudence.
The Functions of Law The functions of law are broad and general in order encompass the many specific rules and legal regulations. In short the functions of the law are to promote social cohesion and to provide for social progress (Functions of Law, 2005). The most notable of these functions are; peacekeeping, government checks and balances, contract law, promotion of economic growth, social justice, and environmental protection (Barnes, Bowers, Langvardt, & Mallor, 2003). Each society has in some form a peacekeeping function of the law. This function includes both civil and criminal aspects of a legal system. Civil law resolves disputes between private parties where as criminal law prosecutes for the committing of a crime. The peacekeeping function serves to protect the citizens from those that may cause harm as well as resolves
The Role of Law The role of law in a society according to Michael Doherty is to assert the moral rules that exist independently of reason (Doherty, 2001). By this assertion the laws should adjust and change as society changes. The people of a society should have the ability and obligation to change the laws as needed and should not be controlled by the law. The law should reflect a balance of the American jurisprudence.
The Functions of Law The functions of law are broad and general in order encompass the many specific rules and legal regulations. In short the functions of the law are to promote social cohesion and to provide for social progress (Functions of Law, 2005). The most notable of these functions are; peacekeeping, government checks and balances, contract law, promotion of economic growth, social justice, and environmental protection (Barnes, Bowers, Langvardt, & Mallor, 2003). Each society has in some form a peacekeeping function of the law. This function includes both civil and criminal aspects of a legal system. Civil law resolves disputes between private parties where as criminal law prosecutes for the committing of a crime. The peacekeeping function serves to protect the citizens from those that may cause harm as well as resolves
References: Barnes, A.J., Bowers, L.T., Langvardt, A.W., Barnes, J.P. (2004). Business law: the ethical, global, and e-commerce environment (12th ed.). Burr Ridge, IL: McGraw Hill. Cooray, M. (2005). The role of the constitution and the law in a free society. Retrieved Jan. 02, 2006, from Topics Concerning the Australian Community Web site: http://www.ourcivilisation.com/cooray/constit/. Courts Administration Authority, (2005). Functions of law. Retrieved Jan. 02, 2006, from CAA: South Australia Web site: http://www.courts.sa.gov.au/pdf/12Pfunct_over.pdf. Dictionary.com, (2005). Republic. Retrieved Jan. 02, 2006, from Dictionary.com Web site: http://dictionary.reference.com/search?q=republic. Doherty, M. (2001). Jurisprudence: the philosophy of law. 2nd ed. London: Old Bailey Press. p 144-145. Hansenne, M. (1994). Promoting Social Justice in the New Global Economy. Monthly Labor Review, 117, 9. Abstract retrieved December 27, 2005, from http://www.bls.gov/opub/mlr/1994/09/art1exc.htm