University of Phoenix - LAW 421
April 10, 2012
The Role and Functions of Law
When we walk outside of our homes and head out into the world, law affects everything we do. Driving to work in our car, buying groceries at the supermarket and even logging on to the internet are all common tasks we perform everyday which are affected by the laws set forth by our government. We may not realize it, but the decisions in our lives are made with the respect of the law in mind. What is Law?
Law is defined by Melvin as “a body of rules of action or conduct prescribed by controlling authority and having legal binding force” (2011). Essentially, it creates duties, obligations ad rights that reflect accepted 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. The Roles of Law
The roles of law in business and society can be classified into three different categories; civil and criminal law, substantive and procedural law, and public and private laws. These categories of law in business and society help define not only what is right and wrong, but the protection of both as well.
Civil law is used in business and society to compensate parties (individuals or businesses) for losses as a result of another’s misconduct. It determines the amount of damages, or losses, the victim has suffered and is settled with compensation. Criminal law is a protection of society and where crimes committed by the public are prosecuted by governing bodies. 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 became enraged and murdered the person, this would be an example of criminal law.
Substantive law provides a citizen or individual with rights and creates certain duties, while procedural laws provide a structure and set rules for pursuing...