Accepted wisdom about the word law as held by the influential school of thoughts state that a natural law exists portrayed often as God who is holding the various forms of command for the mankind and the entire universe in its own unique way. This reminds us that the system of law and order is not just a story of some hundred thousand years but the existence of legal system is before the inception of the universe and mankind (Thomas, p. 79, 1998).
Importance of legal system
Legal systems have always played a significant role in governing the society and its people all around the world. It is a goal that promises a country’s stability in the long run and helps it to protect its sovereignty. The importance of an effective legal system lies in the fact that it supports the process of continuous improvement together with the cultural, social and political development of the countries all around the world. The consciousness of the citizens of a country towards the legal system of law boosts the process of social growth (Thomas, p. 80, 1998).
Law and legal system
Every law that exists in the global world belongs to a legal system. Law is defined as the code of conduct or a rule that needs to be followed and is enforced by a controlling authority. It is recognized as a legal binding. However, the legal system is defined to be a set of laws adapted by a society (Thomas, p. 74, 1998).
Legal system and the global world
Any legal system that exist in any country needs to have the three basic components into it that includes normative; which means that the law that exists is for the purpose of controlling and guiding accepted human behavior and is there to serve the citizens of the country. The basic norm of the law is to be of service to its country. The next basic component is that the law should be institutionalized that is it should be in contact with an institution that would be responsible for any changes or amendments to be made in the law. The law enforcement should be governed by a authorized institution. The third and the most crucial one is coerciveness that is the law should be obeyed by the citizens of the country. The law needs to be imposed by the use of forces (Joseph, p. 203, 1980).
States also play a vital role in the establishment of international law globally which explains that a state is one which possesses a clearly defined region, occupied by stable population, controlled by a government that is autonomous and maintains formal relations with other states.
It is not necessary that all the states around the world should have a single unified legal system being practiced. However, different states have different rule of laws prevailing and being practiced in their countries. Each of the country around the globe is free to adopt and regulate any legal system they want. The three of the main legal systems that exists in today’s world include the civil law, the common law and the religious law system. Any country may practice only one of them or a combination of the different features of these systems. The legal system that a country chooses to be ruled by depends upon its history and its connections with the international world. The legal system is responsible for protecting the rights of a state and its sovereignty. Also it addresses the relations that the state has with other states all around the world (Joseph, p. 206, 1980).
Application of legal system in organizations
The rapid and fast moving changes in the field of technology and sciences have made it impossible for a rigid legal system to exist throughout any corporation. Therefore, the legal system that is being practiced in most of the organizations today is flexible enough so that alterations and modifications could be made by the governing authority if required (Silicon, p. 1, 2007).
In today’s world, organization’s door to frauds and misshapenness have been opened because of increased use and rapid change of technologies which have brought a need to very closely demonstrate and keep in view the daily work functions of its employees. However, the legal system of the organizations varies from country to country but the most important and crucial task is to choose and implement proper legal system (Silicon, p. 2, 2007).
- International Organization:
International organizations are also termed as intergovernmental organizations that are formed between different states government. Most of the IGOs operate and bring in decision making on an issue through voting among the member countries. Each member country possess a legal right to vote and the organization deals on a variety of topics that require international cooperation and assistance (Silicon, p. 3, 2007).
- Non Governmental Organizations:
Non-governmental organizations also termed as the civil society organizations that claim to speak and stand for the public as a whole. NGOs encompasses of people from different states of the world that work together on a single platform to bring in economic, social, political and cultural justice in different parts of the world. NGOs play a major role in addressing environmental issues and humanitarian assistance programs to ensure the promotion of human rights. Basically NGOs are a group of people that are not elected but are individual concern groups (Silicon, p. 4, 2007).
Protection of individual rights under the international law is and has always been of significant importance. The most important fact is that the individuals possess rights as well as responsibility towards their own state and towards the whole world. The concept of individual accountability has been brought forward by the international legal system. It has also addressed the rule of humanitarian law against the issues concerning the international crime committed by the individuals (Silicon, p. 5, 2007).
Exceptional efforts have been made to ensure the protection of individual and his rights by enforcing the law of humanity. All around the world, the dramatic increase in the violence and crimes have evoked the need to promote peace and security of the individuals by making use of an effective legal system against crime (Silicon, p. 6, 2007).
- Corporations and Private Organizations:
Organizations have a complex legal system which is usually comprises of basic norms, rules, rituals and customs of an organization. It includes a vast area of formal legal laws as well as informal social norms or values. The law that is being practiced in an organization depicts a clear picture of state, national and international legal formulations. The legal system shapes the key factors of business transactions that are trade, product design, marketing, employee health and safety (Lauren, p. 231, 2004).
Organizations need to follow proper legal system and needs to comply with the regulations of proper licensing and certification rules. Also in their daily operations law-related tools exist that governs and controls the routine business transactions and operations. Growth of an organization is also made possible under the umbrella of a legal system that is in the form of mergers, joint ventures. The organization even from its birth and till its death undergoes and follows rules of legal incorporation and legal acts of dissolution (Lauren, p. 234, 2004).
There also exists the bankruptcy law and antitrust laws that govern the organization’s reputation around the state. A corporation when dealing with its suppliers, customers, competitors and even employees needs to be bind with law.
The regulatory legal environment also exists that govern the societal rules and frame the various aspects of organizational behavior and functions. The antidiscrimination law, Equal employment opportunity law, occupational health and safety law and antitrust laws are all part of organizations regulatory environment (Lauren, p. 235, 2004).
The most important for an organization’s existence is the constitutive legal environment which includes a set of concepts and roles that tells how the organization would come into existence, how they would organize their relationships with the competitors, how they would function and how it would be organized.
The legal system also governs the human resource of an organization. It helps in making the decisions regarding what are the permissible activities and behavior that the members of the organization should depict. It also governs the major decisions of hiring, firing, promotion and career development (Lauren, p. 236, 2004).
Organizations all around the world are required to comply with the legal forms in all elements of their life. The legal system become effective and a relevant part of the organizations norms only when it is made well known to the members of the organization. So, in order to prevail a legally sound working environment in an organization; a clear understanding should be given to the organizational actors (Lauren, p. 238, 2004).
- Joseph Raz, “The concept of a legal system: an introduction to the theory of legal system”, 1980, (Published by Oxford University Press)
- Lauren B. Edelman, “The Legal Lives of Private Organizations”, 2004, (Published by Wiley-Blackwell)
- Silicon Valley, “International Law and Organizations”, 2007, (Published by Levin Institute)
- Thomas M. Franck, “Fairness in international law and institutions”, 1998, (Published by Oxford University Press)