The Role and Functions of Law
The Role and Functions of Law
Before one begins to ask what the roles and functions of law in business and society consist of, one needs to begin by asking for the clear definition of, what is law? And how does it pertain to you and the society in which you live in? By definition law is a system of rules a society sets to maintain order, protect harm to individuals and property. Law works as several functions and roles in business and society. In the following we will review a few of the important roles and functions that the law serves in.
We will begin by exploring the different types of law. Substantive laws are the social rights and duties of people. Procedural law, are guidelines through which government bodies or courts deal with breaches in substantive law. An example of substantive law would state that stealing from anyone is a crime, while procedural law would define how the courts could try and sentence in the case.
Criminal law is the law in which crimes are prosecuted by governing bodies. For example if a person committed the unlawful act of getting intoxicated and then deciding to drive while being intoxicated, that would be known as a criminal act, which could lead to the arrest and conviction of the individual. In a similar case involving an intoxicated driver that crashes into a piece of property, the owners of that property would file a civil lawsuit against the driver for property loss, the type of law that is associated with this case is civil law.
Public law is the framework of guidelines defining the relationship between the government and individuals. Private law, are the guidelines through which individuals or groups interact with one another. For example, public law has subdivisions that include constitutional, administrative, and criminal law, whereas private law would cover such areas as contracts and properties. The most important functions of the law
References: Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin. Hegreness, M. J. (2011). An Organic Law Theory of the Fourteenth Amendment: The Northwest Ordinance as the Source of Rights, Privileges, and Immunities. Yale Law Journal, 120(7), 1820-1884.