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Role and Functions of Law Paper

750 words | 3 page(s)

The word “law” translates to the set or system of rules a society has in place, to regulate the behaviors of all. It is the entire framework of order, and the means by which a society operates in ways it considers correct for the well-being of all. This is then a system or framework of multiple components. The rules or the “laws” themselves are created, challenged in the courts, and sometimes altered, just as the courts exist to determine if rules have been violated by a member or members of the society. Then, there are the agencies of the law which directly maintain the rules, as in police departments and penal systems. These are interactive components and rely on one another for the system to be maintained. Also, and in a broad sense, law has what is often perceived as a dual function; it protects the rights of all, but in doing this it must curtail, prohibit, and/or punish actions freely made and which threaten those rights of all. Personal freedom in a broad sense is denied by the law whenever that freedom potentially violates the rights and freedom of others.

Similarly, “government” is a word expressing what is usually a highly complex structure. On one level, the term is very simple; it is governance or the right to dictate how the society functions. It is the institution or ideology in place to exercise authority over a society, and in whatever form that society permits. Tyranny is government, as is a republican democracy. Government is then whatever leader or group of people has political control over the society and the rights, actions, and general conduct of its citizens. This then goes to the complexity of government, in that most forms of government operate on different levels, with all essentially answering to the person or agency with the greatest authority. It is safe to assert that, the larger the society, the more complex the government. Then, government is also very much connected to the law, which is the system that represents the nature of the government, and in both ideological and practical terms. Plainly, both institutions exist to secure the society as functioning in the way seen correct by itself.

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The combined presences of the law and government must act to reduce violence in the society; this is a fundamental obligation, given that both forces are in place to serve the interests of the people. To that end, government works with law to determine the types of punishment suited for acts of violence, and the law is responsible for seeing to it that violence is checked whenever possible. The law does this in a variety of ways, including the police monitoring of the society, its readiness to be called, and its having the authority to use all means necessary to end violence. Then, the law presents the processes of judgment, which usually translate to violent offenders being incarcerated and thus unable to harm the members of the society. Government and law also function together in seeking to create – and support – policies and agencies to decrease the likelihood of violence. As both government and law share the role of securing the public peace and order, they focus on and address violence, because violence represents both danger to the people and a disregard for the authority in place.

Lastly, and in regard to business, the law plays a vast range of roles. This very much addresses the society as well, because society relies as much on commerce as it does on the regulation of all law. On a very basic level, the law protects business from violence, theft, and/or destruction of property. It seeks to secure the peace in the environment so that the business is not harmed in these ways, just as it acts to apprehend any persons attempting to create such harm. On another level, the law creates the rules governing how business must be conducted, and these are virtually limitless. Tax laws, federal trade requirements, adherence to standards of fair transactions, employee rights, accountability, ensuring fair competition, and food and drug approval standards are only some of these. The law is then also empowered to take action when any such rule is violated, just as citizens may use the law to address grievances against a business. In plain terms, no modern society could possibly function successfully without these legal means in place, so the law’s role in protecting business goes to its larger one of securing the society.

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