Role and Function of Law in Business and Society (Essay Sample)

Role and Function of Law in Business and Society
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Role and Function of Law in Business and Society
Defined as a system of regulations recognized by specific societies or countries, law has historically regulated actions of societal members and prescribed acceptable codes of conduct within such societies. Markedly, this role encompasses the establishment of acceptable morals, premises upon which they may be contravened, ways of enforcing them, and processes of imposing penalties on law breakers (Barnett, 2011). Thus, the primary roles and functions of law include protecting members of a society from evil by establishing standards, maintaining order through promoting common good, providing dispute resolution strategies, and ensuring every individual does right as dictated by the society.
Mostly identified with the Declaration of Human Rights and twentieth century developments in international law, the role of protecting societies and businesses from evil by establishing standards outranks others as a primary function of law. According to Barnett (2011), this function seeks to institute a general guidepost for behaviors considered acceptable in various societies. Such standards are brought into place by legislative bodies. Examples of these include the typical consideration of most state laws in relation to physical harm or destruction of property. It is a crime to damage another person’s property or harm them physically. However, the latter has limitations related to self-defense and rescue of threatened lives (Mann & Roberts, 2013). Thus, the law establishes standards that ensure all individuals and business entities are protected from evil in the best and most reasonable way.
Another important function of law is the role of maintaining order by promoting common good. Through the enforcement of established standards, law ensures that order is maintained. However, the essence of promoting common good goes beyond controlling evil and bringing it to book. As explained by Mann and Roberts (2013), even societies where no one is ill-willed against another require laws. This is because the pursuit of self-interests may conflict, or in essence be of no benefit to the interested parties. Roles of law in such societies include controlling possibilities of vengeance as a means of indemnifying evil, reasonable distribution of resources, and establishment of courses that are beneficial to the society (Barnett, 2011).
It cannot be disputed that individuals and institutions within a society will always differ in priorities, views, wants, demands, and considerations related to the application of laws. This results in disputes and disagreements among members and institutions. A classic example of this is the case of Cipollone v. Liggett et al. (1992), in which Cipollone sued Liggett alongside fellow cigarette producers. In the suit, the plaintiff alleged that the defendants misrepresented the dangers of smoking, engaged in false advertisement, and denied the public access to scientific and medical information about cigarettes. Subsequently, these caused her mother’s death. However, the Supreme Court dismissed these claims on the basis that the premises were not originally in state law, but rather preempted by federal law (Cipollone v. Liggett et al. 1992). Thus, law assists in resolving disputes between individuals, business entities, and other societal institutions.
Finally, law encourages every individual to do right as dictated by the society while it protects the rights and liberties of everyone. This is achieved by establishing and protecting institutions and establishments that encourage righteousness. Examples of these include religious teachings from religious groups, morals and ethics from favorable traditions, and community based civic campaign initiatives. On the other hand, it stops dangerous establishments like militia and illegal groups by orderi...