Business Law
The modern society is practically unimaginable without the laws which regulate
all spheres of social life on all levels. In fact, laws became an essential
part of the organization of the normal social life and, actually, laws may be
viewed as the basis of the existing social order. This is why such concepts
as natural laws (Mallor, Chapter 1, 2007) have appeared, though nowadays the
concept of laws should be enlarged substantially proportionally to the increase
the laws play in the contemporary world and socio-economic life. In this respect,
it should be said that laws, being applied to different spheres such as politics,
business, or social life are closely interrelated and interdependent and they
should be viewed as a complex forming the legislative system of a particular
country, which actually defines the life of the country and its people, including
social norms and business.
First of all, it should be said that nowadays there exist a variety of laws,
which define socio-economic life of the country and significantly influence
business. In this respect, it would be logical to start with the main law which
actually is dominant over all the others, it is a kind of supreme law of any
country, in accordance with which all other legislative acts and norms should
be developed. What is meant here obviously is the constitution, which nowadays
is viewed as one of the main symbols of a really democratic state and, from
the point of view of a business, the existence and practical application of
norms of the constitution is one of the major indicators of the economic stability
in a country, which characterize its economy as an open market economy that
naturally is the main condition of fair competition and the possibility to develop
business normally without any threats of illegal or unfair actions from the
part of a state or competitors.
However, formally, the constitution as the main law of any state is supposed
to fulfill two basic functions, which basically refer to the political sphere
than economic. To put it more precisely, one of the functions of the constitution
is to set up the political structure of a country and guarantee the separation
of power. Another major function of the constitution is to control different
units of the government as well as three branches of the power, i.e. legislative,
executive and judicial, from taking some actions or passing some laws which
would limit other units or powers and lead to the enforcement of some units
or powers (Mallor, Chapter 1, 2007). At the same time, it is obvious that these
functions of the constitution affect dramatically social and economic life of
the country because through the maintenance of the balance of powers in the
country and the observation of laws and control over their accordance to the
norms of the constitution, the latter contributes to the stability within society
and guarantees that rights and liberties of people will be protected and, therefore,
there is no risk for business since, ideally, if the constitution functions
effectively, all companies play in accordance with the common rules of the game.
Naturally, there are a lot of other laws and legislative acts which are subordinate
to the norms of the constitution and which regulate specific spheres of socio-economic
and political life of society. In this respect, it is worthy of mention statutes,
which are laws implemented by the legislative power, and common law, which is
based on the rules of courts, i.e. judicial power, and which regulates cases
which are not regulated by other laws (Mallor, Chapter 1, 2007). In such a way,
there is hierarchy of laws which is supposed to regulate all spheres of human
life and establish some common rules and norms in accordance to which people
should live and work or develop their business.
Obviously, the existence of such a hierarchy of laws is essential for business
and stable social life because the constitution provides society with basic
norms and principles, while other laws regulate all spheres of life in society
in specific areas on all levels from the national or federal to local.
However, laws, even the most advanced, are not perfect and conflicts caused
by the actual or presumable violation of laws are inevitable. In this respect,
it is very important to maintain stability and justice in society and, in such
a situation, the role of the judicial system can hardly be underestimated. To
put it more precisely, it is the judicial system that is actually responsible
for the maintenance and observation of laws on all levels. In fact, the judicial
power or the system of courts should guarantee the supremacy of law in a country.
Only on such a condition, every citizen and, therefore, every company can be
sure that their rights and liberties are protected. In this respect, it should
be said that the judicial system should be represented on all levels and be
able to protect rights and liberties of all people. This is why the structure
of the judicial system is often quite complicated. For instance, the US has
52 court systems, which comprise a federal system and a system for each state
and the District of Columbia (Mallor, Chapter 2, 2007). As a result, the US
judicial system can control effectively the maintenance of laws and prevent
or protect ordinary people and companies from violations of their legal rights
and liberties.
Thus, it proves beyond a doubt that laws are essential for the normal and stable
functioning of a complicated machine known as human society. At the same time,
laws are particularly important for business since this is a sphere of vital
interests of all people and, therefore, business need clear rules which all
parties observe.
References
Mallor, J.P. et al. (2007). “Chapter 1: Natural Law,” in Business
Law: The Ethical, Global, and E-Commerce Environment, New York: McGraw-Hill.
Mallor, J.P. et al. (2007). “Chapter 2: The Resolution of Private Disputes,”
in Business Law: The Ethical, Global, and E-Commerce Environment, New York:
McGraw-Hill.


