What Is Law?

What Is Law?

Law is the system of rules and principles created by a society to regulate behavior. It has several facets and is an important part of the overall structure of social systems. A system of laws is necessary for a society to function effectively and promote peace. Its main purposes are to establish standards, maintain order, resolve disputes and protect liberty and rights. Laws are enforceable by the state through mechanisms such as criminal or civil penalties. Laws also serve to control government authority.

The precise definition of law is a subject of debate, with many different theories offering competing interpretations. Generally, however, law is understood to be a set of social or governmental guidelines that are enforceable through a system of justice or courts. In this sense, the law is a coercive mechanism that serves to control human conduct and ensure that all citizens are treated fairly.

Some theories of the law are utilitarian in nature, with Bentham’s famous formulation that “law is a system of commands, backed by the threat of sanction, from a sovereign, to whom people have a habit of obedience.” Other theorists, such as Jean-Jacques Rousseau, argue that there are certain moral laws that govern natural relationships.

Legal systems differ from one country to another. In common law nations, judicial decisions are recognized as law on equal footing with legislative statutes and executive regulations. This principle, known as stare decisis (Latin for “to stand by decisions”), means that judges must consider previous court rulings when making new ones.

Moreover, a court must be careful to make sure that its decision is correct and does not violate the basic rights of the person involved in the case. For this reason, many legal systems employ a group of professionals called jurists, or lawyers, to examine evidence and determine whether or not a particular rule of law has been violated.

A wide range of activities are governed by the law, including: censorship; contract; criminal, labor and maritime law; property law; and tort. Other topics covered by the law include: administrative law; bankruptcy; air, carriage of goods and commercial transactions; constitutional and administrative law; family law; criminal procedure; medical jurisprudence; and statutory interpretation. Oxford Reference offers more than 34,000 concise definitions and in-depth, specialist encyclopedic entries across this broad discipline. Law is a core part of the Oxford Encyclopedia of Modern World History.