...Functions and Roles of Law in Business and Society xxxxxxx LAW/421 xxxxxxx Functions and roles of law in business and society The governance of business through state and federal laws is a very complex system. Many laws, statutes, and regulations are in place to protect the consumer and the business. These laws stem from city ordinances in local municipalities to Congress’s broad commerce powers that have the final say. Each of these laws and regulations have specific roles and are designed to function in certain ways. Roles The regulation of interstate commerce is governed by Congress’s Commerce Clause. This clause is designed to give the unrivaled power to Congress to have the supreme rule over interstate commerce. “Congress exercises its commerce powers in various forms. However, the direct and broad power to regulate all persons and products related to the flow of interstate commerce is the fundamental source of its authority” (Melvin, 2011, p. 32). Functions In the case of Cipollone v. Liggett Group, Inc., where Cipollone is pursuing suit against Ligget for restitution in the death of his mother due to violations of New Jersey consumer laws. However, Congress utilized the Supremacy Clause and ruled against Cipollone because federal law contradicted the consumer protection put in place by New Jersey. This is a great example of the function of Congress’s broad power to step in when necessary, provided there is legal ground for their action. If...
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...Functions and Role of Law in Business and Society Introduction Law has a huge role in both business and society. It has evolved from basic morality and society cannot exist properly without it. Law most often is aligned with customs and that which society has deemed to be right or wrong (Emerson, 2009). In business, companies would have a free- for- all without it. The result would be that no business would actually be achieved. Law in Business Laws govern every aspect of business. They keep businesses running smoothly and keep them from hurting each other and the consumers. There are laws that control interstate, intrastate, e-business and, international business. They control manufacturing, distribution, shipping and employment. Patents, trademarks, and copyrights are all protected by the law. Companies can be held to product safety laws concerning product liability. Product liability is the responsibility of people, sellers and manufacturers concerning death, damages or injuries due to defective products (Wild, 2010). Another type of business law is an antitrust law that keeps companies from market sharing, price fixing, and monopolizing an industry. There are many government agencies that control business law. Some examples are the Federal Trade Commission, U.S. Consumer Product Safety Commission, U.S. Patent and Trademark Office and the U.S., and the International Trade Commission. Law in Society Laws touch every aspect of social behavior across all walks of life...
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...The Functions and Role of Law in Business and Society Henry David Thoreau once said, “If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.” (Henry David Thoreau, n.d.) Mr. Thoreau was perceptive in that he knew in government, sometimes a person may have to do something that is not favorable in the eyes of the majority, but the right thing to do for a minority group of people. In the proceeding pages, I will attempt to define the functions and role of law in business and society. I will discuss the functions and role of law as it pertains to a previous job. The Functions and Role of Law in Business and Society Cipollone brought suit against Liggett for violation of several New Jersey consumer protection statutes alleging that Liggett (and other cigarette manufacturers) were liable for his mother’s death because they engaged in a course of conduct including false advertising, fraudulently misrepresenting the hazards of smoking, and conspiracy to deprive the public of medical and scientific information about smoking. Liggett urged the court to dismiss the state law claims contending that the claims related to the manufacturer’s advertising and promotional activities were preempted by two federal laws: (1) the Federal Cigarette Labeling and Advertising Act of 1965, and (2) the Public Health Cigarette Smoking Act of 1969. (Melvin, p. 33, 2011) It can be said that Liggett...
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...University of Phoenix | Organizational Ethics | A better understanding | | Murray, Damian A. | [Pick the date] | [Type the abstract of the document here. The abstract is typically a short summary of the contents of the document. Type the abstract of the document here. The abstract is typically a short summary of the contents of the document.] | Inside of this essay I will be discussing organizational ethics within the workplace could all be properly address by using ethical principles. I will also be covering about what external pressures on the outside of the workplace could affect organizational ethics that are in place, Weather or not such external issues would carry any weight inside of the organization and impact personal decisions. And lastly what is the relationship between ethics and the legal system. The organization that I choose to discuss will be on my experience in working in the United States Navy. During my tenure with the military there were very few external pressures that were present at that time. The primary pressure was that of good sailors were being forced out of their military contacts to overall save our government money. This stemmed from pressures from the senate to cut personnel that were not making advancements in rank and lowering manning capabilities around the fleet. And inside of the military it is our duty to always be ready to get deployed at any given time but due to the lack of manning it forced smaller ships to miss deadlines...
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...ROLE AND FUNCTIONS OF LAW LaFaye Moore Jr. LAW/421 August 01, 2012 Corey Frost ROLE AND FUNCTIONS OF LAW Law is the foundation to keep a business running smoothly, and it is also the process to keep a society from going down dark chaos road. With laws they give order that guides the business and society from destruction. Rand (2007), “The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that is becomes impossible for men to live without breaking laws” (Para. 17 Pg. 1). When business and society decide to abide to the rules they stay out of trouble. Therefore, if not they pay consequence that fits the laws that is set for the safety of the business and society. The topics discuss is defining the functions and role of law in business and society and discuss the functions and role of law in your past or present job or industry. Defining the functions and role of law in business and society According to "Definition of Law" (n.d.), “Law is a rule of conduct or procedure established by custom, agreement, or authority” (Para. 1 Pg. 1). Laws are set of rules in business and society that can keep them out of legal actions if they are abiding to them. “Although the most visible function of the law on a day-to-day basis is to provide for some system of order that defines crimes and levies punishment for violation of the crime” (Melvin, 2011, Para. 4 Pg. 4)...
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...Function of Law Donald Wyman Law/421 Titus Nichols 9/30/2013 Introduction The law plays a big part in society and business. It has come from normal morality and society cannot cope without it. Law most often is aligned with customs and that which society has deemed to be right or wrong. In The result would be that no business would actually be achieved properly without laws. Function and Role of Law in Business Business Law considers of a body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both public laws and private laws. Public laws are those derived from some government entity. Private laws are recognized as binding between two parties even though no specific statute or regulation provides for the rights of the parties. Most companies use legal advice when making important business decisions to avoid potential legal companies generate more sales through the use of contracts or agreements with other companies. These agreements may be needed to ensure that proper pricing and customer service is maintained during the business relationship. Changes to previous agreements or contracts may also need to be reviewed by the company’s legal counsel to ensure it meets current contract law. One of the main roles in business law is to maintain peace, personal freedom and social justice. A Law function...
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...Role of Law in Business, Society, and the Military Law/421 The Functions and Role of Law in Business, Society, and the Military The functions of law in businesses and society are very particular and these roles and functions can make or break a society or business. Every business, society, and military have to make sure that they follow the laws and that each business, society, and military has a set of laws that they abide by or they could face closure or anarchy. Law in these three entities controls both how they function and the things that they can and cannot do. Society is a similar subject concerning the ways that laws are implemented and enforced. Just like in a business, society has its laws that everyone must abide by, otherwise people would be considered to be breaking the law and fines and jail time could result. In society these laws are held just as strict as they are in the business world but just because the laws seem to be different they are still there for both society and business and must be followed. Law in society sets out to make sure that the people are safe and that no one is in harm as long as everyone follows the laws. When laws are broken the person who decided to break the law will eventually go to jail/paying a fine or both for what they did and can face time away from society. Laws biggest role in society, business, and the military is to protect individuals from those who have little or no regard for the law. In the end society would...
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...creating a new system of governing laws. Since the constitution went into effect on March 4th 1789 it has played a key role in its functions in business and society throughout the United States. Laws help regulate business by ensuring good business practice and also stands in place for the protection of the employer and employee rights within the workplace. Documentation and legal representation are key when adhering to the many laws incorporated in business. In order to protect and regulate business and society two types of laws are enforced, State law and federal law. Through intrastate and interstate regulation, state laws and federal laws operate differently in its functions and roles in business. These laws set in place from our constitution both federal and state have given structure to a successful and thriving business market and overall society. What is the difference between state law and federal law and what roles do they play in business and society? State law controls the intrastate regulations of business practice whereas federal laws regulate all business practice Interstate. Intrastate is the regulation of laws within the borders of one specific state and interstate is the regulation of laws between multiple states. When business practice operates within only one state and its business does not cross into multiple states, they operate under intrastate laws and regulations which in most cases are protected by state law. When business practice operates from state...
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...Role and Functions of Law In this report, it will discuss and define the functions and role of law in business and society. We will also discuss the functions and role of law in our past or present job or industry. We will go off the bases of what is law and how it is use. In society as well as a business, law plays a significant role in their daily operation. For a society to be efficient and effective, laws have to put into place to regulate social behavior. Law, defined as a body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by controlling authority. Our system of societal life could not exist without a set of rules that govern human behavior or business interactions. Law plays a significant role in the successful operation of business and society. Laws regulate social behavior, which leads to a society that runs efficiently. Laws also supply ethical standards and expectations, while providing rules of conduct, measures to enforce those rules, and a means for settling disputes. Other functions of law include: peacekeeping; checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social justice; and protecting the environment (Mallor, Barnes, Bowers, and Langvardt). It is important to note that without laws to govern the actions of people and businesses, society would not be able to function effectively...
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...Role and Functions of Law Travis Martin LAW/421 Bernice Jenkins Role and Functions of Law The successful operation of business and society depends heavy heavily upon the function and role of law. Regulating behavior in respect to the general society is the primary purpose of law. Law establishes a protection of guidelines for mankind, animals, and the environment regarding safety issues and concerns. The term “law” has a variety of meanings for defining and describing it throughout history. However, a general acceptable definition of law is a body of rules for the action, conduct, or behavior prescribed by a controlling power of authority with legal binding force (Black’s Law Dictionary, 2013). Law can also take the form of a written code arranged and prescribed by an elected legislative body of judicial decisions, and actions of government agencies. In American law, the current state of law concern itself with common characteristics that create duties, obligations, and rights reflecting acceptable views of a given society (Melvin, 2011). The following contents of this paper cover the functions and role of law in business and society. It also discusses the functions and role of business law in the automotive industry. It is important to indicate that originally, law dealt with the concern of problems and issues regarding ownership of property. Today’s modern legal doctrines deal with complex system of principles and protections for law that provides mechanisms...
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...Functions of Law Juanita Lexvold LAW/421 June 3rd, 2013 Walter M Pence 111 Role and Functions of Law This paper will discuss the functions and role of law in business and society. It will discuss the functions and role of law in a past job. To accomplish this task I have researched three references from my reading. Define the functions and role of law in business and society. According to Melvin, 2011, “law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force.” The function and role of law is for social justice, personal freedom, and to maintain peace. Law functions to protect public order and maintain social control by resolving disputes in a peaceful manner. According to Czaja, 2013, “Laws also facilitate orderly change by spelling out acceptable processes for instituting change. Constitutional laws outline what governments can and cannot do.” Roles of law are classified in three areas, civil and criminal laws, substantive and procedural laws, and public and private laws. Civil laws are designed to compensate both society and business for losses or damages as a result of another’s conduct (Melvin, 2011). According to Melvin, 2011, “Criminal laws are for the protection of both society and business. Violation of criminal laws can result in the form of penalties such as fines or imprisonment, or both. Substantive laws provide individuals with rights and create certain duties while procedural laws provide a structure...
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...Role and Functions of Law LAW/421 November 3, 2014 Role and Functions of Law “Law plays a significant role in the successful operation of business and society” (Bushman, 2007). Laws create order and allow a government to instruct citizens on what is acceptable behavior. These laws, better known as public laws, provide a clear set of rules for citizens to follow. What is Law? According to Melvin, law is defined as “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (2011). The main purpose of law is to govern a society and to control the behavior of individuals. Law can be viewed as a form of social control as it establishes rules and regulations. Role and Function of Law in Business Law rules every phase of business. All businesses rely on law to protect their business from lawsuits brought by consumers, vendors, suppliers, and employees. Business law details what a company can and cannot do as well as certain things that must be done. There are laws that control taxation, competition, intellectual property, employment, and environmental concerns (Bushman, 2012). The law affects how business is formed and structured. Employment laws protect individuals and employers as it defines ways to handle conflicts, provide fair platforms to conduct business, and ensure equal opportunity. For example, the law states the businesses must provide equal opportunity to potential employees during the hiring process. An...
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...Business and Society Law David White LAW/421 May 14, 2013 Page Beetem Business and Society Law In looking at the role of law in business and society, it is helpful to first understand the definition of Law and how that definition is applied in the business environment. Law of some variety has been a part of society since the time of the most primitive societies. Initially, the primary purpose of the law was to keep the peace, but as society became more complex and developed, the law took on additional functions. Today, at least eight major functions of law can be identified: (1) to keep the peace, (2) to influence and enforce standards of conduct, (3) to maintain the status quo in certain aspects of society, (4) to facilitate orderly change, (5) to allow for maximum self-assertion by the individual, (6) to facilitate planning and the realization of reasonable expectations, (7) to promote social justice, and (8) to provide a mechanism for compromise solutions between polar principles and positions. (World Academy Online, 2012) Commercial law, also known as business law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law. Some general concepts of business law include malpractice, fraud deterrence, financial regulation, international trade law, employment issues...
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...Role and Functions of Law Megan Cresse Law/421 October 29, 2014 Alfred Fenzel Role and Functions of Law There are many functions of law within business and society, but only one role. Laws must be enforced for society and businesses to function proficiently. Behavior and standards are set rules and expectations. Law tends to be a complex subject that must be understood by society and businesses alike. This essay will discuss the various ways law is present in the everyday lives of people in society. To give further information, law within business will be discussed through the Human Resource department that is accessible in most companies. What is Law According to Zain (2012) “Law is the set of standards, principles, and rules a society sets up to govern the actions of its members. It spells out the rules and the penalties for failure to abide by them.” (p. 1). Take a game for example. The individuals who are playing the game need to know the rules of the game in order to play. It is the same with individuals in both society and business. To function properly, rules and regulations of conduct and behavior must be observed. Law is used to govern society, establish good behavior for its members as well as protect them if anyone violates the law. It is seen as a necessity that a country needs to keep it running effectively and efficiently. Role and Function of Law in Business In business, laws govern every phase. Any and every type of business, large or small, must...
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...The Functions and Role of Law in Business and Society Law/421 Functions and Role of Law in Business and Society On a normal weekday, you wake up, prepare breakfast, take your kids to school and then you join the traffic jam and head to work. It may seem like a typical day, but there were many laws that influenced and allowed these actions. Regulations were followed by the utility companies to service your home. The school adhered to educational regulations for your child to attend. The city followed law regulations for you to be able to commute to work and lastly, your employer followed certain regulations to be able to operate. In Business and Society Laws play a major role in business and society in more ways that we know. Laws influence many areas of business and society that following them requires minimum thought. The purpose of laws is to maintain social control and keep the public safe by resolving issues fairly and safely (“Business Law”, 2014). Laws create and establish order by detailing what is acceptable and unacceptable behavior for society and businesses. They promote good faith dealing amongst merchants and the public. In society, public law includes criminal, administrative and constitutional laws. These laws help keep society protected by establishing what is lawful and what is not. Society feels safe when others who break the law are removed from the population. People are able to enjoy their lives outside of work...
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