Role_and_Function_of_Law

Role and Functions of Law STUDENT NAME Law/421 DATE INSTRUCTOR Role and Functions of Law The roles and functions of law must exist to create a structured foundation for businesses and society to control unethical behaviors. Bushman (2007) states that, “laws also supply ethical standards and expectations, while providing rules of conduct, measures to enforce those rules, and a means for settling disputes” (p. 1). Laws exist as a medium of insurance for both businesses and society to successfully function with regulated behavioral guidelines. In order to arrive at a peaceful and prosperous society the functions and roles of law must continue to be ever vigilant. Laws provide a measurement of what all of society deems acceptable ethical behavior. The role of law within a business is an assurance for justice to be served. Laws pertain to all citizens and businesses and actions that are in violation of the law must be met with swift justice. Bushman (2007) stated that “Laws are broken down into several different types. These include constitutions, statutes, common law, administrative regulations and decisions, treaties, ordinances, and executive orders” (p. 1). All laws provide various means of delivering structure and control. Laws offer peace and prosperity in how economic growth from businesses are governed. According to Bushman (2007), “In addition to the different types of law, laws are also categorized into three general classifications: criminal law and civil law, substantive law and procedural law, and public law and private law” (p. 1). Cipollone v. Liggett Group, Inc., et al., 505 U.S. 504 (1992) In the case study of Cipollone v. Liggett Group, Inc. Cipollone sued Liggett for the false advertising, fraudulently misrepresenting the hazards of smoking, and conspiring to deprive the public of medical and scientific information about smoking that subsequently led to his mother’s death (Melvin, 2011). The United States Supreme Court ruled in favor of Liggett citing that the federal laws Federal Cigarette Labeling and Advertising Act of 1965 and Public Health Cigarette Smoking Act of 1969 forestalled the New Jersey consumer protection statuses state law that Cipollone cited (Melvin, 2011). The United States Constitution Article VI determines that the laws of the United States of America reign supreme and though noble Cipollone’s attempt to use a state law was found preempted to the extent that the federal law protects a company’s right to advertise and promote (Melvin, 2011). The Role and Functions of Military Law Military laws do not supersede state and federal laws, rather they work in unison with them. Military laws are only applicable to service members. Because military members are held accountable for adhering to state, federal, and military laws it is imperative that service members understand the addition requirements expected of them. Service members must follow military law regardless of geographical location meaning that no matter where the service member travels be it foreign or domestic under orders or not, the member is required to follow military law. Should state or federal law be broken a service member will face the charges brought on by the broken laws and will still be subject to face the applicable military laws as double jeopardy does not apply to service members. An example of this would be if a service member were to commit the crime of rape they have broken both state and military laws. Upon completion of the state level court hearings the service member will face state level consequences prior to sentencing the service member will be convicted of the same crimes in a military court and face sentencing in accordance with the Uniform Code of Military Justice. The roles and functions of laws are extensive, and will continue to expand with the changes in society as well as business view points on a national scale. Most laws pertain to life in direct relation to an individual such as state and federal laws while other laws are pertinent to visiting and conducting business in other countries such as international and foreign laws. It is important to remember that despite where a person lives, works, and conducts business all laws are written with the sole purpose of creating structure and control. Laws are a necessity for controlling societies, businesses, organizations, and preventing global anarchy. Without laws the businesses and society as we know them would not exist. References Bushman, M. (2007, Spring). The role and functions of law in business and society. Retrieved from http://www.associatedcontent.com/article/139783/the_role_and_functions_of_law_in_business.html Melvin, S. P. (2011). The legal environment of business: a managerial approach: theory to practice. New York, NY: McGraw-Hill/Irwin.