Role and Functions of Law LAW/421 Contemporary Business Law Role and Functions of Law In society law functions to maintain social control and to protect the public at large by resolving disputes in a peaceful and reasonable manner. Laws are made to facilitate organized change by creating acceptable processes that can facilitate and lead to change. The Constitution outlines the power of the federal government which only has limited powers; to regulate individuals and businesses; and states are left with more inherent powers to protect their citizens. The Constitution of the United States was designed to have three general functions that include establishing a structure for the federal government and rules for amending the constitution, granting powers for different branches of government, and to provide procedural protections for US from wrongful government action. The Constitution is composed of a preamble, seven articles and twenty seven amendments.
But these are limited in use to certain circumstances. The binding part of the judgement is called the ratio decidendi and later courts are bound to follow legal principles on which the decision was based if their case contains similar facts, as for example, in Donoghue V Stevenson (1932) a precedent was set that a customer could sue a manufacturer in negligence. Obita Dicta (other things said not directly related to the decision or dissenting judgements), are persuasive rather than binding precendents, as seen
Law should be interpreted through the contextual analyses of what people do in law versus focusing on finding the essence of Law as it criticizes Legal Positivists for doing. It is also critical of how it disregards other social factors such as race, class and gender. From Legal Realism, Artifactualism adopts the belief that there should be a focus on what people in positions of law actually do instead of what they are supposed to do. Law is a platform for social interactions to occur and how civil servants carry out their duty is based on many influential powers and relations within society. It is also a means to find equality among the different members of society.
If powers are not outlined in the constitution, then it is up to the government (courts, judges, etc.) to decide what changes need to be made to fit the needs of society within these days. No written Constitution can anticipate all the means that might oppress people, so it is sometimes necessary for judges to fill in the gaps. The constitution was clearly meant to be interpreted and amended over time. For example, look at the Bill of Rights, and how generally various rights are stated.
It is a law that has been put into place to prevent any discrimination against; age, sex, race, disabilities, religion, gender and sexual orientation in a work place or in society generally. This also includes indirect discrimination as well as direct discrimination towards patients and colleagues (Human Resources, 2013). If the Act is broken the employer has to informally discuss a disciplinary first, before any action is taken. A formal disciplinary is only made depending on how the victim would like to handle the problem, if the employee concerned has had various
The Role and Nature of Law Name LAW/421 Date Teacher The role and function of law is to protect societies citizens in a socially a safe and legally regulated way to resolve disputes. Laws were set in place to supply and regulate ethical standards and expectations to operate the society’s legal system to avoid never finding a solution to legal disputes. The law provides security and peace to citizens to enter agreements, transactions or and agreements with businesses they are entering into agreements or contracts with. The law functions to minimize government power and promotes personal freedom, protects the environment, social justice, and promotion of economic growth through free competition to function properly and avoid collapse. Laws functions are broken down to theses following types: common law, ordinances, statutes, constitutions, administrative regulations, treaties, and finally executive orders.
Discuss the extent to which judges do create and develop the law. Numerous different judges have different views on to what extent judges have creativity within the legal system, such as Lord Simons who believed he judges job is to administer justice according to legislation made my parliament and in common law old principles should be applied to new circumstances, therefore his view is that judges should not be creative, as it isn’t there job. On the contrary Lord Radcliffe believed that judges do create law, however felt it should be on the quiet, so the public don’t lose respect for the judiciary and legal system. Finally Lord Devlin opposed the overruling of the supreme court, as all lower courts are bound to it and that it would turn them into “undisguised legislators” which is the job of parliament, not of the judiciary. The traditional view of the law making process is that parliament makes the law though acts of parliament, as they are democratically elected to make law, whereas judges aren’t so they merely apply it in court to the cases presented to them.
Court History and Purpose CJA/224 Court History and Purpose According to Siegel, Schmalleger, and Worrall the definition for a court and its purpose is challenging. Court is explained as appointed or elected officers and selected individuals from within the society who decide disputes between private citizens, businesses, or governmental divisions. The main purpose within the many facets of the judicial court is to serve justice for individuals as well as society. Thus, ensuring fair and neutral decisions will be the outcome of disputes and punishment for crimes, which have been obviously unacceptable by the collective conscience of society (Siegal, Schmalleger, & & Worrall, 2011). Judicially a court is a part or a unit of specific branches within the government who have one or more officers which are authorized or founded by statue, laws, and constitutions to have the authority to make decisions regarding controversies or disputes, which are brought before it.
Therefore the law did not resolve conflicting interests but imposed the interests of one group over another. While this can still happen today it seems that the law does try hard to make sure everyone is satisfied and everyone’s interests are accounted for. Rudolf von Jhering said that the law is the main way of ordering society, his views was that the rights of the majority should take precedence over the individual. He said that society is made up of conflicting interests that cannot all be satisfied and that the role of the law was to balance them out so the individual conformed to the needs of society. Roscoe Pound said that interests are both individual and social and that conflicts are only resolved through considering them on the same level.
Wikileaks and Ethical Issues 1. Introduction In this modern world or society, everyone live under the law and regulation. Therefor, the law is playing a major role to maintain the basic world order. The law can punish people who hurt some one else. But actually the law cannot control everything, for instance, some ethical issues like Wikileaks.