Professional Documents
Culture Documents
OF BUSINESS
Nancy K. Kubasek
Bartley A. Brennan
M. Neil Browne
2006 Prentice Hall
Ch. 2-1
2-1
CHAPTER 2
Introduction to Law and the Legal
Environment of Business
Ch 2-2
2-2
Chapter 2 Overview
Definition of the legal environment of business
Definition of law and jurisprudence
Sources of law
Classifications of law
International dimensions of the legal environment
of business
2006 Prentice
Ch. 2-3
Ch. 2-4
EXHIBIT
2-1
1.
Ch 2-5
2006 Prentice
Ch. 2-6
2006 Prentice
Ch. 2-7
TABLE
2-1
Schools of Jurisprudence
SCHOOL
SOME CHARACTERISTICS
Natural Law
Positivist
Sociological
American Realist
Feminist
Ch 2-8
2006 Prentice
Ch. 2-9
Ch. 2-10
Positivist School
Early in the 1800s, followers of positivism developed a school
of thought in opposition to the natural law school. Its chief
tenets are:
(1) Law is the expression of the will of the legislator or
sovereign, which must be followed;
(2) morals are separate from law and should not be considered
in making legal decisions (thus judges should not take into
consideration extralegal factors such as contemporary
community values in determining what constitutes a
violation of law); and
(3) law is a closed logical system in which correct legal
decisions are reached solely by logic and the use of
precedents (previous cases decided by the courts).
2006 Prentice
Ch. 2-11
Sociological School
Followers of the sociological school propose three steps
in determining law:
(1) A legislator or a judge should make an inventory of
community interests;
(2) judges and legislators should use this inventory to
familiarize themselves with the communitys
standards and mores; and
(3) they should rule or legislate in conformity with those
standards and mores.
2006 Prentice
Ch. 2-12
This
This doing
doing of
of something
something about
about disputes,
disputes, this
this doing
doing itit reasonably,
reasonably,
is
is the
the business
business of
of the
the law.
law.And
And the
the people
people who
who have
have the
the doing
doing of
of itit
are
are in
in charge,
charge, whether
whether they
they be
be judges,
judges, or
or clerks,
clerks, or
or jailers,
jailers, or
or
lawyers,
lawyers, they
they are
are officials
officials of
of the
the law.
law. What
What these
these officials
officials do
do
about
about disputes
disputes is,
is, to
to my
my mind,
mind, the
the law
law itself.
itself.
2006 Prentice
Ch. 2-13
Ch. 2-14
Feminist School
Most adherents of this school, believing that significant
rights have been denied to women, advocate lobbying
legislatures and litigating in courts for changes in laws
to accommodate womens views.
They argue that our traditional common law reflects a
male emphasis on individual rights, which at times is at
odds with womens views that the law should be more
reflective of a culture of caring.
To other adherents of this school of jurisprudence, the
law is a means of male oppression.
2006 Prentice
Ch. 2-15
TABLE
2-2
Level of
Government
Legislative
Law
Executive
Orders
FEDERAL
Title 3 of the
Code of Federal
Regulations
Codification of
Presidential
Proclamations
and Executive
Orders
STATE
LOCAL
Common
Law/Judicial
Interpretations
Administrative
Regulations
Code of Federal
Regulations (C.F.R.)
Federal Register
(Fed. Reg.)
Regional reporters
State reporters
State administrative
code or state
administrative
regulations
Municipal ordinances
Municipality
administrative
regulations
Ch. 2-16
2-16
EXHIBIT
2-2
Committee Action
Introduction
Introduction
Committee Action
Referred to House
committee
HR 1
Introduced
in House
S2
Introduced
in Senate
Referred to Senate
committee
Referred to
subcommittee
Referred to
subcommittee
Reported by full
committee
Reported by full
committee
Compromise
Version
Rules committee
action
Floor
Action
House debate,
vote on passage
2006 Prentice Hall
Rules committee
action
Floor
Conference Action
Action
Senate debate,
vote on passage
Ch. 2-17
2-17
Administrative Agencies
2006 Prentice
Ch. 2-18
Classifications of Law
Statutory Law - made by the legislative branch of government.
Case Law - results from judicial interpretations of
constitutions and statutes.
Criminal Law - composed of federal and state statutes
prohibiting wrongful conduct ranging from murder to fraud.
Civil Law - governs litigation between two private parties.
Public Law - deals with the relationship of government to
individual citizens.
Private Law - deals with the enforcement of private duties.
2006 Prentice
Ch. 2-19
Legal
Financial
Economic
Legal
2006 Prentice
Ch. 2-20