UNIT 1: Legal, Ethical, and Digital Environment
Section 1: Legal Heritage plus the Information Age group
US law is primarily based on British common regulation, and other legal systems, including Spanish and French detrimental law. в†ђ Sources of rules are the ALL OF US Constitution, express constitutions, federal and condition statutes, laws, administrative company rules and regulations, executive orders, and judicial decisions by federal government and express courts. в†ђ Businesses prepared in the US happen to be subject to the laws and the laws with the countries in which they function в†ђ Businesspeople owe a duty to act ethically in the execute of their affairs, and businesses owe a responsibility not to harm culture
What is law? Law involves rules that regulate the conduct of individuals, businesses and also other organizations within just society. It is intended to safeguard persons and their property against unwanted interference from other folks. в†ђ Definition of law: Regulation, in its generic sense, is a body of rules of action or perhaps conduct recommended by managing authority, and having binding legal force. That which has to be obeyed and followed by citizens subject to sanctions or legal consequences is actually a law. в†ђ Functions in the law:
o To get peace, consisting of making certain actions crimes o Shaping meaningful standards (enacting laws that discourage drug / alcohol abuse) um Promoting sociable justice (enacting statues that prohibit splendour to employment) o Retaining the status quo (passing laws stopping the powerful overthrow in the government) to Facilitating organised change (passing statutes just after extensive study, argument, and open public input) u Facilitating preparing (well-designed commercial laws allow businesses to plan their very own activities, spend their effective resources, and assess the dangers they take) o Offering a basis pertaining to compromise (approximately 90% of lawsuits happen to be settled ahead of trial) to Maximizing specific freedom (the rights of freedom of speech, religious beliefs and association granted by the 1st Amendment) в†ђ Fairness of the legislation
o Ex lover: Standefer v. US: reality that diverse juries might reach different results underneath any legal statute в†ђ Flexibility with the law
o ALL OF US law evolves and changes along with the rules of culture, technology, as well as the growth and expansion of commerce in the usa and the globe o Regulation is adjustable because it works with human relationships in the ir most complicated aspects. Much of the uncertainness of rules is rather than an unfortunate car accident; it is of immense sociable value. to Plessy v. Ferguson: Louisiana had a regulation that provided for separate although equal accommodations for grayscale white railway passengers, and so forth o Darkish v. Table of Rights: case that challenged the separate although equal regle as it put on schools (Justice Warren)
Schools of Jurisprudential Thought: beliefs or scientific research of the rules в†ђ Natural Law University: postulates the law is based on what is " correct. вЂќ o Natural law philosophers emphasize a moral theory of legislation: law should be based on values and values o Organic law is usually discovered by simply humans by using reason and choosing among good and evil в†ђ Documents like the US Metabolic rate, the Magna Carta, plus the United Nations Charter reflect this theory в†ђ Historical School: believes that the law is usually an get worse of sociable traditions and customs that have developed in the centuries o Believes that changes in the norms of society will steadily be mirrored in the rules. o To legal philosophers, the law can be an major process u Look to previous legal decisions (precedent) to fix contemporary problems в†ђ Analytical School: keeps that the law is formed by logic o Think that results are reached by applying principles of common sense to the specific facts of the watch case o Emphasis is on the logic of the...