What Is Law?

Law is a system of rules a government or society develops to deal with crimes, business contracts and social relationships. It may also refer to the profession of people who work in this system by advising others about the law, representing them in court and giving decisions and punishments. The word is also used for a wide range of rules that are not made by the state but which are nevertheless strongly enforced, such as parental house rules or the laws of physics.

Law has many purposes but its four principal functions are to establish standards, maintain order, resolve disputes and protect liberties and rights. Law is a product of human culture and some societies have developed different legal systems to serve these functions better than others.

The law has a complex relationship with religion and theology. The concept of God or a higher power granting humans rights and binding them to certain obligations is central to some religious doctrines. This idea is not reflected in the modern concept of the law which is mostly based on democratic principles of representation, transparency and accountability.

The laws of a country can be divided into three broad categories: civil law, constitutional law and criminal law. Constitutional law deals with the constitution, the relationships between executive, legislature and judiciary and the basic rights of citizens against the state. Civil law covers all the laws and regulations in a country that govern private relationships such as property, contract and marriage. Criminal law is the area of the laws dealing with crimes and their consequences.

Various other areas of law include commercial law, employment law and taxation. The law can also be applied to the environment through environmental legislation and natural resources law. In addition, governments can regulate a variety of industries through industrial and utility law such as banking, insurance, energy and water companies.

In the early 19th century, law education was dominated by reading discursive treatises that examined older English case law. However this format was unsuited to a rapidly expanding nation’s need for up-to-the minute information on the law and its changing interpretation. In response, a series of legal periodicals began publishing that highlighted current court decisions and other relevant news.

A fundamental element of any good law is its transparency and accessibility. The law should be clear, publicised and stable and should apply equally to all citizens regardless of background and social class. The law should guarantee core human and procedural rights such as freedom of speech, religion and assembly and access to a fair justice system. Accountability is also important and Max Weber’s ideas on the extension of the law influenced thinking in this respect. The law should be easily accessible and should respond promptly to enquiries about its activities. See government; police; censorship and crime for examples of these concepts in practice.