Essay on "Role and Functions of Law"

Essay 3 pages (946 words) Sources: 2

[EXCERPT] . . . .

It is for this reason that we have referenda, legislation as well as elections; the lack of which could be a sure recipe for "revolution, sedition, and rebellion" (Mann and Roberts, 2012). It can be noted that an unstable political climate creates an uncertain business environment. This effectively scares potential investors away.

Law also comes in handy in the protection of consumer interests. It can be noted that were some businesses to be left alone to operate in a market devoid of regulations and legal restrictions, consumers would end up on the receiving end as businesses seek to enhance their profitability. For instance, there is a need to regulate commercial speech especially when it comes to advertising so as to protect young consumers from exploitation. Indeed, for an advertisement to be protected under the First Amendment, the same must not be misleading (Melvin, 2011). In my present job industry, the law has put in place systems and checks to ensure that entities do not mislead customers as they seek to enhance the sale of their goods and services. Apart from extending protection to consumers, the law also protects workers from exploitation by their employers. For instance, the law protects employees from arbitrary dismissal. However, more needs to be done to afford workers the appropriate protection in law when it comes to privacy. In the opinion of Melvin (2011), quite a number of privacy rights granted to individuals by the Constitution of the U.S. are not applicable at the workplace.

It is however important to note that when it comes to the regulation of commercial activities especially in regard to free speech, regulatory agencies are bound to exercise caution so as to ensure that they do not violate the provisions of the First Amendment. In the past, regulatory agencies have had their decisions branded offensive as they seek to regulate business activities they deem offensive. For instance, Melvin (2011) points out that in Bad Frog Brewery, Inc. v. State Liquor Authority, the federal appellate court ruled that the state agency erred in prohibiting Bad Frog's utilization of its choice of label on its products. The court ruled that the action in this case "violated the business owner's right under commercial speech protections" (Melvin, 2011).

Conclusion

In conclusion, it should be noted that for a society to be regarded prosperous, just and upright, it must abide by the laws of the land. However, laws must be dynamic enough to reflect the wishes of the majority and flexible enough to accommodate future trends. This way, a society can be guaranteed of both prosperity and stability going forward.

References

Mann, R. & Roberts, B.S. (2012). Essentials of Business Law and the Legal Environment (11th ed.). Mason, OH: Cengage Learning

Melvin, S.P. (2011). The legal environment of business:… READ MORE

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