Law as generally been defined as a set of agreed principles and regulations which govern the conduct of the members of a given society. Laws have been in existence since time immemorial. It has been argued that the most important role that law plays in any society is creating a semblance of order. The law does this by establishing certain standards which everyone is expected to adhere to. Consequently, one can interact freely with others simply because they are assured that they can rightly have some expectations from them as a result of the law. For instance, the laws of many countries prohibit murder. Consequently, one can interact freely with people while holding the expectation that they will not murder him or her. Indeed, where a rogue person departs from these dictates of the law and murders somebody else, then the law itself prescribes sanctions. These are usually in form of punishments that will be meted out against the guilty individual. The case of murder is an illustration of the role that the law plays in creating order in a society. Other examples abound. These may include forbidding certain acts as well requiring persons to do certain things. Consequently, where one does an act that is forbidden by the law, they will be liable to the sanctions prescribed in the relevant laws. Similarly, the law provides for sanctions where one fails to act yet the law required him or her to act in the particular circumstances.
While the previous section focused on the general role of the law in the society, this section will address the functions and role of the law in business. Indeed, right from earlier times, there has always been some form of regulations governing business. As the forms and nature of business have evolved over time, so have the laws that regulate business. This clearly points to the fact that the law has an important function to play as far as business is concerned. Perhaps the Cipollone case could be used illustratively. In the case, a number of issues came up which are clearly indicative of the functions and role of the law in business. The charges that were leveled against the defendants in the case included false advertising, fraudulently misrepresenting the hazards of smoking, and conspiracy to deprive the public of medical and scientific information about smoking. In a twenty first century world where advertising is critical towards ensuring one’s business does well, the law comes in to regulate advertising. It does this by placing various requirements on businesses which seek to advertise. For instance, the law requires that organizations should not lie to consumers in their advertisements. In some countries, the laws forbid the advertisement of such products as alcohol or restrict such advertisement to specific times. The law also plays the function of protecting consumers. For instance, many countries have laws that require products which are put out for the sale in the market meet certain minimum standards. This is usually aimed at ensuring that they do not ultimately cause harm to the consumers of such products. The law can in fact determine whether a business will be a success or a failure. For instance, when a country changes its laws and forbids the manufacturing or sale of certain products, then all the companies which were in that business will be forced to close shop and seek other areas to operate in. Therefore, it is impossible to wish away or overlook the fundamental role that the law plays in the business field.
Like other organizations in the United States, the army also falls under the purview of the laws of the country. This arises due to the fact that the US is among the countries which believe in the dictates of the rule of law. One important tenet of the rule of law is the ultimate supremacy of the law which renders everyone, irrespective of their position in the society, subordinate to the law. The law plays various roles and functions in the army. For instance, the law clearly spells out the mandate of the US army. In other words, it is actually the laws which gave relevance to the army in the first place. The laws also spell out in what instances the army can be deployed. It also lays out procedures that should be followed before deploying the army especially in foreign countries. Furthermore, it is the law which spells out who holds certain positions that are critical for the operation of the army. For instance, it is the law which states that the President of the United States shall be the commander in chief of the US Army. The same laws equally vest him or her with power to act in the interest of the USA. Last and perhaps most importantly, the law greatly influences how the army undertakes its operations. For instance, the law requires members of the army to conduct themselves in a certain way when dealing with civilians. Any departure from this could result in disciplinary action against the wayward officers.
References
Barnett, L. D. (2011). The Place of Law: The Role and Limits of Law in Society. New Jersey: Transaction Publishers.
Paperndorf, K., Machura, S., & Andenaes, K. (2011). Understanding Law in Society: Developments in Socio-legal Studies. London: LIT Verlag Münster.
