Functions Of Law

Role and Functions of Law
Nancy Plaisir
LAW/421
May 7, 2014
Ken Marc
Role and Functions of Law
The functions and role of law in business and society is used on a regular basis in the workplace but not that many people seem to really think about those things these days. These functions will be something I will elaborate on in this paper and show the connection it has to business and society using some of my own experiences along with using my textbook as a reference.
The purpose of law in addition to what exactly makes something lawful may be different depending on what region one resides. Laws.com states, “General Law has five main functions: it cultivates and ensures the existence of adequate order, provides resolutions to conflicts, provides a safe haven for individuals and their assets, maintains the structured operation of the civilization, and protects civil liberties as set forth in each nation 's constitution” (Law.com, n.d.).
In a society in which allows laws to regulate social behavior tend to run much more efficiently than one that does not. Laws provide ethical principles and beliefs, and still supplying a code of conduct, plans for improvement, and ways to resolve difference of opinion as well. According to The Role And Functions Of Law In Business And Society (2007), “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” (Bushman, 2007). If we did not have these laws to manage the actions of people and businesses, commerce would more than likely flop.
Laws have been broken down into various categories. These categories are constitutions, common law, statutes, executive orders, ordinances, and treaties. “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” (Melvin, 2011). “Common law is essentially law made by courts; that is, law that has not specifically been passed by the legislature, but rather law that is based on the fundamentals of previous cases that had similar facts” (Melvin, 2011). “Statutory law is created by a legislative body and approved or disapproved by the executive branch of government” (Melvin, 2011). “Treaties are contracts between two or more political authorities, such as states or countries. An ordinance is a law created by counties and municipalities. Executive orders are laws enacted by the president or governors. The power to create an executive order is granted through legislative delegation” (Bushman, 2007).
Now that you have been provided with the definitions of these laws, I would like to share my experience dealing with these types of laws within my place of employment whether it is current or in the past. I am currently working as an administrative assistant/office manager in which I manage technicians that facilitate skill labored jobs. These technicians are listed as independent contractors that get paid on a daily rate although they really operate as employees. We have had issues in the past with these technicians receiving their overtime pay and if they are even entitled to it as a daily rate contractor. When I began to work there and noticed the issue at hand, I had to do my own research and present it to the owners. I came to the conclusion that these technicians are entitled to their overtime pay but then the legal aspects had to come into play at that point. The U.S. Department of Labor Wage and Hour Division talks about when the coefficient pay method is applicable. There is a table available to compute the additional half-time pay for any hours worked in excess of 40 hours in the work week. “In determining the extra half-time that is due for overtime pay after 40 hours, the method of calculation commonly used is to divide the straight-time earnings by the total number of hours worked and multiply the result by the number of overtime hours divided by two” (Department of Labor, 2012)
In a nutshell, I have gone over the functions and roles of law in business and society according to the textbook as well as other cited references. I have also provided you with a summary of my experience when dealing with laws in the workplace. With this information, this should assist in getting a better understanding on why these laws are important and how we related them to our everyday life without consciously knowing it.
References
Bushman, M. (2007, Feb 10). The Role and Functions of Law in Business and Society. Retrieved May 2013, from YAHOO! VOICES: http://voices.yahoo.com/the-role-functions-law-business-society-191823.html
Department of Labor. (2012, Jan). Coefficient Table for Computing Extra Half-Time for Overtime. Retrieved May 2014, from Department of Labor: http://www.dol.gov/whd/forms/CoefficientTableWH-134.pdf
Law.com. (n.d.). Now You Can Know the Functions of Law. Retrieved May 2014, from Law.com: http://paralegal.laws.com/functions-sources-law/functions-of-law
Melvin, S. (2011). The Legal Environment of Business. New York: McGraw-Hill Companies.

References: Bushman, M. (2007, Feb 10). The Role and Functions of Law in Business and Society. Retrieved May 2013, from YAHOO! VOICES: http://voices.yahoo.com/the-role-functions-law-business-society-191823.html Department of Labor. (2012, Jan). Coefficient Table for Computing Extra Half-Time for Overtime. Retrieved May 2014, from Department of Labor: http://www.dol.gov/whd/forms/CoefficientTableWH-134.pdf Law.com. (n.d.). Now You Can Know the Functions of Law. Retrieved May 2014, from Law.com: http://paralegal.laws.com/functions-sources-law/functions-of-law Melvin, S. (2011). The Legal Environment of Business. New York: McGraw-Hill Companies.