Question:<br/>  <br/>The primary purpose of law is to establish a

set of rules and guidelines for Society to promote order and to create parameters for acceptable and prohibited behavior. Also, U.S. law has a very dominant protective purpose – protecting all citizens, as well as providing special protections for certain groups of people, in certain circumstances. In fact, many laws have a primary or secondary purpose of protecting either all citizens or specific groups of citizens.

A primary goal of law is to be fair and just to all, but what is fair to one group may be unfair to another group. What is fair in one situation could be unfair in another situation. Every right granted to an individual or group, to some extent, impinges on the rights of others. Legislatures enacting laws, and courts interpreting laws, must weigh and balance the right(s) granted vs the rights restricted by a specific law to determine if the law is justifiable and fair. Part of the weighing and balancing process involves determining if there a compelling public interest or purpose for the law that justifies granting certain rights while restricting other rights.

Example:  Highway speed limit laws protect everyone (drivers, passengers, and pedestrians), but also restrict the freedom of drivers to drive at a speed of their choice. On balance, the restriction is easily justified as there is an important purpose in protecting drivers, passengers, and pedestrians.

Example: Laws that prohibit alcohol consumption/purchase by minors grant rights to those 21 years and older, and restrict rights of those under 21 years. On balance, Society, the legislatures, and courts have determined that this law is justified as Society has a strong public interest in protecting minors who may not have reached a level of maturity and judgment to handle the right to choose to consume/purchase alcohol.

The familiar symbol for law and the legal system is the Scales of Justice showing a blindfolded Lady. This represents the weighing and balancing process necessary to balance rights vs restrictions granted and imposed by laws.

Keep in mind that laws are created, enforced and interpreted by human beings, so the law is not perfect despite its lofty goals and purposes.

Learning Activity 1

This learning activity focuses on the law and the legal system.

A. Provide an example of a specific law that restricts some business activity or the right(s) of business owners.

B. Explain the purpose of the example law.

C. Discuss whether the example law is just, and why or why not.

Label answer parts.

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Resources that can be used outside of the article chosen:
Week 1 Content
http://www.saylor.org/site/textbooks/Advanced%20Business%20Law%20and%20the%20Legal%20Environment.pdf
·        Chapter 1
·        Chapter 3
·        Chapter 4
http://www.saylor.org/site/textbooks/The%20Legal%20and%20Ethical%20Environment%20of%20Business.pdf
·        Chapter 1, 1.4
·        Chapter 1, 1.5