...Role and Functions of Law Eduardo Aguayo LAW 421 September 18, 2014 Richard Burgoon 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...
Words: 1348 - Pages: 6
...Role & Functions of Law By: David Johnson Class: LAW/421 Due Date: 06 April 2015 Instructor: Alan Williams Laws are the rules of actions prescribed by controlling authority and involving legal force. Laws create duties and obligations that reflect given views of a given society. In business and society, the law serves many roles and functions to uphold its main purpose of promoting fairness and equality. It is said that, the roles of law in business and society can be classified into three different categories. Those categories are civil and criminal law, substantive and procedural law, and public and private laws. All of these categories of law help define not only what is right but also what is wrong. Criminal law is a protection of society and where crimes committed by the public are prosecuted by governing bodies. Substantive law provides an individual with rights and creates certain duties while procedural laws provide a structure and set rules for pursuing substantive rights. If an individual intentionally harmed another citizen, substantive law would state how this is a crime. Civil law is used in business and society to compensate individuals or businesses for losses as a result of another’s misconduct. It determines the amount of damages the victim has suffered and is settled with compensation. An example of civil law would be if a person was suing their business partner for not living up to their business contract. If the partner suddenly became enraged and...
Words: 988 - Pages: 4
...ROLE AND FUNCTIONS OF LAW PAPER 1 Role and Functions of Law Paper LAW/421 ROLE AND FUNCTIONS OF LAW PAPER 2 “The term law has been defined in a variety of ways throughout recorded history. A generally accepted generic definition of the law is a body of rules of action or conduct prescribed by controlling authority and having legal binding force… 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.” (Melvin, "INTRODUCTION TO LAW," 2011) Laws are important for both society and businesses because they are reflections of the moral beliefs that people live up to. Law function to maintain social control and protects public order by resolving disputes in a peaceful manner. Constitutional laws outline what governments can and cannot do. Law in Society “American law is composed of a unique blend from various sources based on U.S. historical roots. Fundamentally, much of American law is derived from English legal doctrines that came with the English settlers of the colonies. 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. These sources of law are known as primary sources of law and may sometimes work in conjunction with one another or independently.” (Melvin, "SOURCES...
Words: 1049 - Pages: 5
...Introduction Modern society and every aspect of that society are dependent on the law to define how the society will work together. From the making and enacting of rules to the enforcement of those rules, the law is the guideline for that society. In America, we have a federal system in which a national government coexists with the government of each state (Melvin, 2011). While it takes many layers of law to delineate the abilities and limitations of businesses entities, the Commerce Clause and the Supremacy Clause have the largest effects. The commerce clause gives the federal government broad power to regulate inter-state commerce and intrastate commerce. The Supremacy Clause allows the federal government to trump state-level statutes if the federal law is constitutionally sound. This means that the federal government can make and enforce most of the standards and practices that American companies must follow. This paper will take a look at the function and role of law in business today. This paper will look at my present job, and the role of law and how it applies to my job. Function and Role of Law in Business The role of the law is to act as guidelines for how people are supposed to behave in a society. Laws have just as big of a role in the business world as they do in society. Laws instruct each business of how they must act in certain situations, they monitor fair wages, fair hiring practices, proper reporting of earnings, and hold businesses accountable for...
Words: 823 - Pages: 4
...The Role and Functions of Law Since the beginning of recorded history, laws have played a significant role in the way society has chosen to govern itself. From Jewish and Roman law in biblical days to the constitution-bound laws of modern democracies, law has established rights and responsibilities for individual citizens and businesses that reflect the accepted ethics of society. Law is a “body of rules of actions or conducts prescribed by a controlling authority and having legal binding force” (Melvin, 2011). It serves to unite a diverse population of people under a common set of rules that regulate behavior and protect individuals and businesses from others who violate those rules. Laws also articulate the consequences of violating those rules, creating incentive for people to obey them even when they do not necessarily agree with them. American businesses and individuals are regulated through constitutional, statutory, common, and administrative law. This paper will give an overview of the functions of each as well as well as examples of the role of law in past personal employment experience. The United States Constitution, consisting of a preamble, seven articles, and 27 amendments, is the undisputed backbone of the American legal system. It specifies the structure and powers of the Federal Government, and provides individuals and businesses protection from harmful actions. Constitutional law specifies specific powers for the legislative, executive, and judicial branches...
Words: 911 - Pages: 4
...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...
Words: 1006 - Pages: 5
...Role and Functions of Law Laws provide rules of conduct and ethical standards that people, businesses, and organizations must follow in order to keep matters and differences under control and regulate social behavior. There are several functions and roles of laws in business and society which plays an important stand in business operations. Without laws and standards, businesses in today's society will be unsuccessful and society itself will fail to progress efficiently. Functions and Roles of Law in Business and Society There are several primary functions and roles of law in business and society which coincide with four levels of American law. According to the text, "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," (Melvin, 2011, p. 44). Constitutional law consist of two major functions. The fist is to impose essential structures of specific body of government, and the second is protecting a number of individuals rights from authorities, and property taken by the government. Statutory law is a written regulation generated by a state or federal ruling which can be supported or condemned by the executive branch. The function of common law has no comprehensive compilation of legal statutes and relies on legislative decisions made in similar cases. The functions of administrative law consist of...
Words: 701 - Pages: 3
...the family has the primary function of reproducing society; biologically, socially, or both. There are various structures of a family based on the relationship shared between the parent and the children. - Life and people are always changing, but the main values and bases of the concept of family should always remain present. To many people, the definition of the word family is a unity among a group of people who care and tend to each other’s needs, while forming an unbreakable bond. Therefore, family values are important and should be cherished and nurtured. - Every country has different family values such as Chinese and American. Therefore, I chose “ Chinese family values and American family values “ as my topic. 2. Aims of the study The study helps students of English as a foreign language have more knowledge about “ Family values in Chinese and American and the difference, similarities between them “. 3. Object and scope of the study - Object of the study: Family values - Scope of the study: Family values in Chinese and American 4. Methods of the study Based on some books, references on the Internet…..about family values in Chinese and American. B. DEVELOPMENT Chapter 1: Chinese family values While China has increasingly adopted Western influences, the traditional family structure is still highly valued and holds a prominent position in the Chinese culture. Both traditional and modern Chinese families have similar...
Words: 1682 - Pages: 7
...well as how implementation can affect both countries. Japan: Japan is known for it low crime rate and its unique policing styles and homogeneous society. Sam Bacca, Chief of Police in Albuquerque New Mexico stated, “This is police paradise”, while he was visiting Japan. (Rebenfien, 1989) “Every law enforcement officer would love to have a community like this”, he continued. (Rebenfien, 1989) Chief Baca and many others offers came to Japan to observe their police system and bring those ideas back to their community. The Ministry of Internal Affairs and Communications, Statistics Bureau, Director-General for Policy Planning and Statistical Research and Training Institute reports Japan's total population in 2011 was 127.80 million and total density measured 343 persons per square kilometer in 2010. Japan has endured many trial and tribulations has a country, having to rebuild after wars and conflict. During the fourteen century short lived imperial rulers, followed by a new government established by the Ashikaja family, lasting for two centuries. (Sccnet, 1998) This was a time of great prosperity, following the way of the warrior, Bushido, the way of the warrior Japan feudalism hierarch after more than 265 years of consolidation, Japan was cut off from the rest of the world. There was a hierarchical order of society with strict social class divisions between the samurais, peasants, merchants, and artisans. Tokugawa family seized power in 1603. The Tokugawa’s ruled...
Words: 2884 - Pages: 12
...explaining crime. (21 Marks) Crime is the act which breaks the criminal laws of society. The functionalists approach to crime and deviance gives us some insight into how society copes with deviant behaviour. However it has limitations for example it only looks at the functions of deviance and not the causes. Durkheim says that to allow social solidarity to occur in society there are two key mechanisms which are socialisation and social control. He states that crime and deviance is inevitable and that it is needed in society as it preforms two positive functions; boundary maintenance and adaption. In Durkheim’s view, the purpose of punishment is to reaffirm society’s shared rules. As it states in Item A the publicity given to crime highlights the boundaries of acceptable behaviour and this reinforces social solidarity through for example court rooms which dramatizes the wrong doing and stigmatises the offender and therefore discourages others from breaking society’s rules. For individuals that want adaption, there must be some scope for them to challenge and change the existing norms and values which is deviance. However, in time there values may give way to a new culture and morality. For example gay marriage would be seen as deviant but in current times it has become less deviant in countries such as the United Kingdom because it has become more popular over the last decade. If those new ideas are supressed, society will stagnate and unable to make the right adaptive changes. Therefore...
Words: 940 - Pages: 4
...Police and Law Enforcement Criminal Justice System Police officers serve an important function in society; they protect the property and lives of the people they serve. Police officers pursue and apprehend people who break the law and then cite or arrest those people. Police officers on all levels, local, state, or federal enforce laws ensure the safety of citizens. In the course of their jobs law enforcement personnel deal with a wide range of issues, laws, and restrictions. One of the most basic concepts that affect a police officer’s performance of his or her duties is probable cause (Vila & Morris, 1999). According to American Bar Association (2011), " Probable cause is defined as facts sufficient to support a reasonable belief that criminal activity is probably taking place or knowledge of circumstances indicating a fair probability that evidence of crime will be found. It requires more than a mere "hunch," but less than proof beyond a reasonable doubt.” (What is probable cause?, para. 1). Before a warrant, such as an arrest or search warrant, can be issued law enforcement officers must demonstrate probable cause in the form of a written document. This document must be submitted to a magistrate (low level judge) who is responsible for ensuring probable cause standards are met in order for a warrant to be issued. Once the magistrate is satisfied and the warrant is issued...
Words: 1133 - Pages: 5
...perspective”. This definition of sociology of education is suitable because it speaks much of what goes on in education system. It clearly states that it is important to know sociology before knowing what sociology of education is. This is because sociology is related sociology of education. The statement “sociological perspective” stresses the social context in which people live such as society. Society is a group of people who share a certain culture and a territory. Perspective is a view of the world and it is referred to as a sociological preservative or sociological imagination. Durkheim’s statement helps us to understand that sociological perspective opens a window to another world or unfamiliar world. As we look at other world or our own, sociological imagination casts another form of light on us. This in return enables us to gain a new vision of social life. In other words it helps us to find out why people do what they do like eating, talking and many more. Sociological imagination also looks at social locations. A social location is where people are located in a particular society. Sociologists consider jobs, age, race, income, gender and they also look at types of jobs we are doing in order to understand our behavior. Behaviour is studied in order to discover the regularities and order in that behavior and...
Words: 3580 - Pages: 15
...ularism Modern Myths, Locked Minds by T. N. Madan Introduction: Scope, methods and Concepts 1. Secularization, secularism, Christian tradition and the Enlightenment: a brief history T. N. Madan differentiates between secularism, secularization and secularity. 1) Secularization refers to socio cultural processes in which the role of the sacred is progressively limited; 2) Secularism is the ideology that argues for the historical inevitability and progressive nature of secularization everywhere and 3) Secularity is the resultant state of society. The term "secularism" was first used by the British writer Holyoake in 1851 to describe his views of promoting a social order separate from religion. The English word ‘secular’ comes from the Latin ‘saeculum’, which means ‘an age’ or ‘the spirit of an age’ and has the same meaning as the Greek ‘aeon’. In general terms, secularism means “belonging to this age, or worldly” along with a denial of other worldly realities (i.e. religious). The Bible introduces the idea of divine creation in the book of Genesis. God speaks directly to Man in Genesis: “Be fertile and increase, fill the earth and master it”. As Peter Berger, a social theorist notes that in this the idea of a secular world is sown as a God who stands outside of the Cosmos which is his creation. This opens the way for self making activity which Berger calls ‘historization’. Caesar was the emperor of Rome. In a famous passage Jesus said, "Render to Caesar the things...
Words: 3863 - Pages: 16
...Bill Blackwood Law Enforcement Management Institute of Texas _________________ Applying the Lessons of History to Modern Police Leadership Training _________________ A Leadership White Paper Submitted in Partial Fulfillment Required for Graduation from the Leadership Command College _________________ By Kenneth W. Sidenblad Bee Cave Police Department Bee Cave, Texas Date Submitted (month year) ABSTRACT Law enforcement continues to move in the direction of a profession and away from being only a vocation. Police officers of today are better trained and educated than at any time in the past. This demands police leaders be up to the challenge to lead them. Law enforcement leaders must enhance their knowledge and incorporate training ideas in use by other professions. Applying lessons from academic subject material is an important part of leadership development in many professions, and should be emphasized in training future police leaders. This will enable law enforcement leaders to develop as leaders in a profession. One academic subject used in other professions to develop leaders is the study of history. History provides a wealth of material from which valuable insights and examples of leadership may be drawn from. Lessons drawn from history are used by other professions to enhance the quality of leadership within those professions. Leadership lessons from history should be incorporated into modern police leadership...
Words: 4976 - Pages: 20
...marks) Functionalists believe that society is based on a value consensus into which society socialises its members. This enables them to cooperate harmoniously to meet society’s needs and achieve shared goals. However, other sociologists argue that contemporary society is not harmonious but is ridden with conflicts. Functionalists regard society as a system made up of different sub-systems that depend on each other, such as the family, education, religion, law and the mass media. Family and other sub-systems are often compared to the human body where if one of the body parts doesn’t function properly the others won’t either. Social structures work for you and society as a whole so if one doesn’t work correctly society will break up. Functionalists are interested in the positive functions of the family and how it contributes to a healthy society. Conversely, functionalists don’t look at society negatively or the negative effects family could have on you or society as whole. Also, Marxists see societies institutions as helping to maintain class inequality and capitalism therefore, the functions of the family are purely performed for the benefit of the capital system and do not help society function properly, they don’t work for you and society as a whole, they are only there for the bourgeoisie. Murdock (1949) argued that all families fulfil four vital functions and without this society wouldn’t be able to function. One of these functions is stable satisfaction of the sex drive;...
Words: 990 - Pages: 4
