What Is Law?
Law is a set of rules created by the state to form a framework to ensure a peaceful society. The rules are enforced by the state and can be broken resulting in sanctions being imposed. Laws are usually made to apply throughout the country but can also be made to apply to specific groupings of people.
The concept of law has been the subject of much debate, with different authors and schools having their own ideas about what it is. It has been described as a set of principles that regulate behaviour, a discipline and profession, a system of justice, an art and a way of life. It is generally agreed that the purpose of law is to protect human rights and promote social cohesion.
The most obvious function of law is to punish those who break it, which can be achieved through criminal and civil punishments. However, there are a number of other ways in which the law can be used:
It can be used to control commerce, such as through taxation laws or antitrust laws. It can also be used to regulate public services, such as water, energy and telecommunications. These laws can be enforced by government, but private companies may also be regulated.
Laws can be created by legislative bodies, resulting in statutes; by the executive through decrees and regulations; or through legal precedent in common law countries. Individuals can also create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation.
A defining feature of law is that it is often based on customs and traditions, rather than purely logical reasoning. Hans Kelsen proposed the ‘pure theory of law’, which states that law does not seek to describe what must occur, but simply defines certain rules that individuals must abide by. This definition of law suggests that the law is a ‘normative science’.
The laws that govern us vary across the world and are influenced by different factors, such as cultural beliefs, political systems and moral values. There is much debate about how law should be interpreted and enforced, with many people believing that morality should play a part in the process.
There are a wide variety of laws in existence, covering everything from compensation for injuries caused by motor vehicle accidents to libel and slander. Other areas of law include labour law, which covers the tripartite industrial relationship between worker, employer and trade union; tort law, which compensates people who have been harmed by others’ actions; and criminal law, which applies to offences against the state or community. Other important law concepts include property law, which covers the ownership of assets and debts; and administrative law, which encompasses the rules that courts must follow in order to proceed with a case. A further important area of law is intellectual property, which relates to the creation and protection of copyrighted works. In addition, there is a range of specialist law journals and associations, such as family law, tax law, property law and maritime law.
