Business, Legality and the Pursuit of a Healthy Society


While the motivation to constantly increase profits and size of operations is dominant for any given business in the world today, the legal extensions of business realities and dynamics are also known to act against such a motivation and the business interests that possess and promote it. Business law in this sense is a specific branch of law that deals with complications observed in business relations, stemming out of unintentional or purposeful initiatives, making it possible for legal parties and partners in business transactions to be able to refer to legal authorities in case of misconduct or disagreement. Business law in this manner is quite different in essence and application from civil or criminal law and it is usually a lot more complicated with respect to its theoretical framework. Typically speaking, while civil lawyers deal with problems in marriage or related family matters, car accident lawyers usually deal with damages and legal complications resulting out of car accidents after a long night of pub-crawling for some irresponsible drivers. Business lawyers on the other hand are always entangled up in some sort of a sophisticated legal plot within which profits, costs, projects and forecasts are ever present, only complicating the given scenario and making it harder for authorities to reach a verdict. Business and law are closely related issues therefore, which is precisely why almost every serious business entity hires a powerful group of lawyers and legal professionals to ensure safe operations. Investigating into business law is important for anyone seeking to make sense out of the ever-chaotic business world or anyone planning to enter the markets, hoping to have minimal legal problems and costs. The modern day media is always interested in this issue as well, constantly reporting on cases, legal measures and changes made to them or simple historical tidbits about legal issues of the past and how they relate to actual realities. Research into the business law of today yields excellent material for evaluation that not only enlightens the researcher but also provides psychological and mental security, as it enables such researcher to take notice of adverse possibilities and effects prior to their materialization.        

Most people operating in a business market are almost clueless regarding the legal aspects of their business operations and decisions, making close relationships between individuals of business and legal backgrounds also quite common in the business world. Jack Garson for The Huffington Post reports on his own business ventures with a partner of such legal background to provide a detailed account of his successful business career and the types of aid such a relationship provided to him. The first thing the author points out is that lawyers are very detail-oriented people and therefore providing them with all the necessary information, even the tiniest bit, is crucial for a successful business operation. The legal history is full of example cases, where the tiniest detail led to a totally different verdict for the investigation and therefore in business life where monetary and legal concerns are intertwined with one another, it would be a fool’s pride to assume that all would go fine and according to the play book. Between such partners, sound communication involving financial, legal and personal details is a necessity and Garson’s personal experiences prove this point. However, the author also takes notice of how certain lawyers without proper training and education can cause harm and damage to their organizations as well. In the end, when a lawyer becomes a business partner, they are still expected to contribute to the business with or without total adherence to the respective set of laws. Thus, a training period where the limits of law with respect to the given business and its expectations are explained to the partner is another necessity. A business partner acting against the best interests of the organization is a bad partner, legal or otherwise. According to Garson, another benefit of working with a lawyer as a partner is that the lawyers are very careful and attentive people regarding deadlines. They quite frequently remind the organization about approaching payments, meeting or other important legal dates to save time and money for the organization. Finally, the author refers to how lawyers are some of the most spend-thrifty people and how their control over monetary matters always helps business organizations develop better financial strategies. Garson also points out that not every lawyer behaves this way and therefore conducting periodic and frequent financial meetings which include the lawyer/partner, is also quite important to establish goals prior to experiencing financial or legal trouble.

One of the most important issues that modern day businesses face in today’s world is the issue of ‘resume lying’: the act of not providing real information or intentionally providing wrong information during an application for a job. Owen Bowcott for The Guardian reports on a promising development in the fields of human resource management and personnel recruitment, taking note of how the police force in the UK is now granted the legal capability to contact employers of personnel with respective criminal records without the employee’s consent to inform them about their past criminal actions. This capability is granted to the police in the name of protecting public safety and was brought into legal format after a case involving an ex-teacher, with the initials AR, who had been “acquitted of rape by a crown court” was asked to provide an “Enhanced Criminal Records Certificate” for his application for a new teaching job. After the institution’s rejection of the application, AR appealed to the decision, which was also turned down by higher courts. The reason for such rejection was that in such cases, “there may be no logical reason to exclude information about serious allegations of criminal conduct, merely because a prosecution has not been pursued or has failed.” This decision holds significant relevance for UK employers who have been known to have issues related to workplace and public safety due to individuals hiding their criminal pasts as now such employers can work in coordination with the police databases to acquire true information before reaching a decision. The defenders of non-disclosure of such information on the other hand claim that the practice grants the police and the employers an unlawful authority over legal matters, in a certain way even above the law itself, to identify presupposed guilt and pass judgment on unproven crime to directly disaffect the acquitted person’s professional life. Meanwhile, the authorities in the UK are waiting for the public’s reaction along with the accumulation of sufficient cases of similar nature to be able to better evaluate the risks of not allowing such police intervention into the act of professional recruitment for business organizations and the public. On the flip side of the issue, there are also significant losses associated with people acquitted for such cases and their professional lives, making the legal approach of patient observation seem reasonable at this point.

In the digital age, online business has become a global phenomenon, creating opportunities for millions of people all around the world. However, along with such business operations, came the issue of data and its protection as a valuable asset. Matthew Wall for the BBC News reports on “The European Union’s General Data Protection Regulation (GDPR)” as the statute came into effect in the May of 2018, to radically change “the way organizations have to look after our personal data.” The regulations forecast significantly high fines for failure to comply while “many businesses are far from ready” for the transition. The main issue at hand is that most organizations keep records of personal data with or without consent by the user along with the online pathways of such information, connecting such individuals with websites and online services. Since most such users are unaware of such a reality, accountability for data and its protection has become important for the sake of discussion and legal applications. In addition, cyber-attacks are quite common in today’s world, which means that such information might be shared with dangerous third parties that can use it for their own specific purposes. When such parties connect identity information with IP addresses and therefore physical locations, such data becomes a source of potential criminal activity. For businesses, this issue is becoming increasingly more important because in such breaches of contract, they will be punished with huge fines and therefore will face financial consequences. Considering that such issues will be publicized, defamation will also become a serious problem for such businesses and as the organization size grows larger, the given issues will become only far worse. For consumers, the sheer reality that there exist business mechanisms and organizations which are gathering data to use it against them in possible future legal or business related issues should be an adequate reason to challenge the status quo. In such a losing game from the very start, the logic that besets such a harassing procedure will surely yield further complications for the regular person who lacks financial or legal capabilities to fight back. Centuries of market realities have proven repeatedly that markets function best when consumers have substantial control and power in them, making any attempt to reduce or eradicate such authority a dire threat to the wellbeing of businesses and consumers alike.

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