Role and Functions of Law
LAW/421 Contemporary Business Law
March 11, 2013
Doug Dribben
Role and Functions of Law
Introduction
The legal system of the United States dates back to England’s common law system; “The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts” (Common Law, n.d.). The legal system interprets and enforces the laws that govern the United States. Law is defined as “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (Melvin, 2011, p. 4). The roles and functions of laws have developed to include the rights and responsibilities of individuals and businesses; “the common characteristics of the current state of the law are that it creates duties, obligations, and rights that reflect accepted views of a given society” (Melvin, 2011, p. 4).
Role and Functions of Law
The role of law is to govern the rules of conduct and ethical standards for businesses and societies. The types of laws are categorized “based on classifications related to a particular legal function or a right afforded by law” (Melvin, 2011, p. 18) and include civil, criminal, substantive, procedural, public, and private. Laws enable businesses to operate successfully and societies to run efficiently by regulating conduct, disputes, and criminal activity.
The purpose of law has progressed from England’s common law system to include a combination of constitutional law, statutory law, common law, and administrative (regulatory) law, which are recognized and enforced at the federal, state, and local levels. However, the federal government’s power to regulate individuals and businesses is limited and granted by the United States Constitution. The Constitution contains 27 amendments that protect the rights of individuals and businesses. The First Amendment has been broadened to extend businesses protection free speech; “…the Supreme Court has gradually increased the...