September 18, 2014
Role and Functions of Law
In the introductions of law, we study what are the purpose and the importance of this science to people and businesses. In this essay I will cover the first most important aspects of the introduction to this science discussing terms and ideas of the roles and functions of law.
The term law, throughout history, has been defended in a variety of ways. The most generally definition of the law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force. Law may be set down in a written code as prescribed by an elected legislative body, but also takes the form of judicial decisions and actions of government agencies. While there are many sources of American law, the common characteristic of the current state of law is that it creates duties, obligations, and rights that reflect accepted views of a given society. Jurisprudence could almost be defined as the science and philosophy of law. Jurisprudence may be divided into three branches: analytical, sociological, and theoretical. The analytical branch articulates axioms, defines terms, and prescribes the methods that best enable one to view the legal order as an internally consistent, logical system. The sociological branch examines the actual effects of the law within society and the influence of social phenomena on the substantive and procedural aspects of law. The theoretical branch evaluates and criticizes law in terms of the ideals or goals postulated for it. The purpose of law includes four fundamental purposes: 1. To protect the safety of people. 2) To recognize and protect the freedoms and interests of people in society. 3) To ensure that society functions properly. 4) To produce a fair outcome. n the United States, lawmakers have increasingly embraced legal mechanisms, such as antidiscrimination laws, to help promote equality and justice in society and especially in education and in the workplace. The law also sets out a system for resolving disputes by providing a basis for deciding the legal interests and rights of the parties. The legal decisions in a business environment (theory to practice) key point is about learning to apply legal awareness in practice that involves recognizing opportunities for proactive business planning, limiting liability, gaining a competitive edge, and adding value to the business. (The legal Environment of Business)
Other terminology emphasized in the book is the language of law, which is the basic terminology used by businesses and lawyers to understand legal valued interactions. The sources and levels of American law describes that “modern law in the United States regulating businesses and individuals is generally a combination of constitutional law, statutory law, common law, and administrative (regulatory) law at the federal, state, and local levels”. Constitutional law is the foundation for all other law in the United States and is the supreme law of the land. It functions in tandem with other sources of law in three broad areas: (1) establishing a structure for federal and state governments (including qualifications of certain offices and positions) and rules for amending the constitution; (2) granting specific powers for the different branches of government; and (3) providing procedural protections for U.S. citizens from wrongful government actions. Statutory law is created by a legislative body and approved or disapproved by the executive branch of government. The U.S. Congress, for example, is the exclusive legislative body for the passage of federal law. When Congress is drafting a federal statute, but has not yet passed it or had the executive’s concurrence, it is known as a bill. On the federal level, the president is the executive and may either sign a bill into law (thereby adopting it as a statute), or the president may veto (reject) the bill subject to…