The law takes a special place among the various regulators of public relations (morality, customs, traditions, rules of public organizations). In the political and legal science, there is no single definition of the concept of law. The most common definition of law is a system of some rules of behavior that are obligatory for all people. But along with this regulatory approach, which stresses the dependence of law from the State, there are other views in legal science. According to these views, scientists consider law as contained in the public consciousness paradigm of generally binding rules of conduct, human rights and obligations, prohibitions and conditions. The State is relying on the rule of law, formulates and publishes laws which affect public perceptions of legal and illegal.
As opposed to other political and social norms, the law is characterized by the following signs:
1) obligatory for all – the standards of law control the conduct of all members of the society, requirements of law are compulsory for all involved in or related to the given society;
2) formal certainty — the standards of law are fixed by the State in the special acts, they reflect the requirements to the behavior of people accurately and in details;
3) State can use law enforcement (where appropriate);
4) repeated application, the standards of law can be used many times.
Functions and the role of the law in the society and business are manifold. First, the law as a universal controller of public relations establishes the basis for the existing order. Second, having to carry out active affirmative actions, the law favors the development of social relations. Third, establishing the rights and duties of the people and organizations, the law contributes the certain order to the society and the State, creates conditions for their activity and effectiveness. Four, in the practical activities of State bodies the law acts as a criterion of lawful and unlawful conduct of individuals and their communities, justifies the application of coercive measures for violations of the rule of law. Five, the law plays an important educational role by developing a sense of fairness, kindness, and humanity in people.
Thus, the law is a measure of freedom of the person in the society, it establishes the boundaries of the behavior of people in relation to each other. Each participant of the social relations can achieve his objectives through a variety of behaviors. This reflects its relative independence, freedom of choice and decision. The law reflects concerted interests of the whole society, limits their choice by known methods, puts obstacles to undesirable behavior, but does not impose particular course of action on the a person.
The law is in the close relationship with the State. The law becomes mandatory and formally defined only as a result of the activities of the State. The latter participant in this relationship guarantees protection for the law from infringements. However, the State could not function normally without relying on the law. The law defines the system of the Government, the principles and basic directions of its activities, the competence of the individual parts of the State. Laws establish the legal basis for relations between the State and its citizens, excluding arbitrariness.
The main function of the law is to defend the rights and obligations of the society, especially of its people. The law should be on the side of the person and not allow others to inflict harm to the person (as it was in a case with Cipollone). Additionally, it should allow for the business development, if it is safe for others. In the case when some business can inflict some harm to the people (for example, cigarettes, alcohol), the consumers should know about it beforehand. Nowadays the companies that produce such harmful things as cigarette, alcohol, drugs etc. report that these goods are very dangerous to the people’s health and the person has the opportunity to choose his own course of actions: to buy or not. The law regulates the advertisement of such harmful things.
I have a little experience of working in some local telecommunication company. Everyone knows that it gives people a lot of useful, necessary information, helps people to relax, to pass the time. Now the telecommunication industry is spread all over the world, it contains a lot of different programs, films, cartoons and other useful developments. What are the role and the function of law in it? Firstly, it regulates the relations between the company and consumers, which is typically a tariff regulation. Secondly, it controls the quality of the telecommunication, its services and satisfies the demand of consumers. It needs to be emphasized that law in the communication carries out a very important role regarding the advertisement in particular. It does not allow the advertisement to harm people, so it helps to make the nation healthy in the way of health and in the spiritual way. Law exercises control for the licensing and registration in the field of giving the telecommunication services. It also provides with the equal conditions in the sphere of telecommunication. The list of law functions in the society and business is great and very influential. It is seen that law occupies an important place in human life. Almost every sphere of life is covered by the law. Moral, law and morality are closely interrelated. The morality is a decisive factor in the making of a decision. The law obligates people to the determined, dignified conduct, makes them follow some rules prescribed by legislation. Also the law protects everybody (both the society and the business), provides with rights and then, in certain situations, people can defend their position and achieve justice.
Regarding the given article it is important to stress that Congress's preemption power is narrow, because Congress regulates only a certain type of advertising, in this case it is tobacco. Supreme Court has deferred to congressional regulation of a product (tobacco) that is cultivated for non-commercial purposes, and it does not bring the law suit against a tobacco company for false advertising. That is why it is important for the Congress to make a prohibition of tobacco advertising or promotion in certain states. In my opinion, their decision is correct against human nature and against certain tobacco company.