The Role and Functions of Law - Essay Example

The Role and Functions of Law Insert Insert grade Insert Insert Introduction Law play a vital role in the interactions within the society and the business operations. Laws regulate the behaviour in the society making the society to operate efficiently. Laws give the expectations, ethical standards and rules of conduct. Laws give measures of how to enforce rules and regulations and settling disputes. The other functions of law are determining the government power, ensuring peace in the society, ensuring there is free competition in the economy, protection of citizen freedoms, enhancing social justice and ensuring that the environment is protected.

If there are no clearly defined laws the society and business would not behave ethically and effectively (Berman & Saliba, 2009). This might lead to harm or exploitation of consumers by the business people. This paper discusses the role and functions of law in business and society. It also discusses the role and functions of law in the job industry. Discussion Laws ensure that disputes are resolved amicably. The laws spell out measures to be taken in case a party feels aggrieved. This brings about order in the society.

In the Cipollone versus Liggett Group, Inc., case Cipollone felt that Liggett and other cigarette manufacturing firms were responsible for the death of his mother because of deceptive advertising and misinforming the public about the effects of cigarette smoking (Cipollone v. Liggett Group, Inc., et al., 1992). Because the law spells the channels to be followed Cipollone took Liggett to court. The court heard from both sides before giving a ruling based on the laws. Here Cipollone is seeking social justice because he feels that Cigarette companies are not giving truthful information in marketing of their products which he feels are harmful to the society.

Liggett, on the other hand, uses the law to protect its business from collapse or loss that could be incurred due to the suit. Laws also regulate how the businesses communicate to the society or their customers. Products that might be harmful to the citizens such as tobacco products have sometimes been regulated on how they are advertised. There are instances where the laws have completely prohibited advertising of certain products in order to protect the public interest. The law requires that the information that is passed to the consumers should not be deceptive or misleading.

In the Cipollone versus Liggett Group case, we see that there were some state laws that had been enacted to regulate the advertisement of tobacco products and Cipollone also accuses the cigarette companies of giving deceptive information in order to market their products while harming the citizens (Cipollone v. Liggett Group, Inc., et al., 1992). Laws normally require that if a product is harmful to an individual it must be stated. As Cipollone seeks the law to provide him social justice, Liggett was seeking the law to enhance freedom of competition.

The law also determines the powers of the various organs of government. It determines the powers of such organs as the congress, the state, and the federal government. In the Cipollone versus Liggett Group case, the state makes laws that preempt the federal laws. Cipollone uses the state laws to file a suit against Liggett that advertising of tobacco products had been regulated. On the other hand, Liggett uses the federal law to request the court to decline the allegations filed against them.

The ruling is done in favor of Liggett as the court rules that the federal government was superior to the state governments and the laws made by the federal government were supreme. The laws also ensure freedoms of individuals. It enables the individuals to enjoy their freedom in the society. In the Cipollone versus Liggett Group case, we see that both parties are given the opportunity to express themselves in the court. The court listens to both sides before giving a fair and just ruling. In our professions, the laws also play a vital role.

The law protects the rights of workers while in their duty stations. It ensures that workers are not exploited or subjected to any form of unfair treatment while at job. This ensures protection of rights and also enhances social justice. The laws also ensure that workers behave in an ethical manner while at their work stations. They should serve their clients fairly and within the premise of law. They should also not engage in unethical practices such as corruption. This ensures that the society runs effectively and avoids frictions (Lauterpacht, 2011).

Conclusion As it can be seen, law plays an essential role in the effective operation of business and the society. Without law there would be a social disconnect in the society. Such a society would be disorderly and business transactions will be marred by unethical practices that would lead to exploitation of consumers or collapse of businesses. Laws also play a vital role in protection of individuals while at job while at the same time providing them with a legal ethical framework that guides their behavior.

Reference Berman, H. J. & Saliba, S.N. (2009). The Nature and Functions of Law. California: West Case Brief Cipollone v. Liggett Group, Inc., et al. in Ch. 2, section 2-6, “Commerce Powers, Lauterpacht, H. (2011). The Function of Law in the International Community. Oxford: Oxford University Press.