The Basics of Law


Law can serve several purposes, including maintaining the status quo, preserving individual rights, promoting social justice, and ensuring orderly social change. Some legal systems are better suited to these ends than others. In authoritarian countries, for example, the law is often used to suppress political opponents and minorities. Similarly, countries under colonialism often used the law to impose peace, and built empires.

Rules of conduct

Rules of conduct under the law are standardized codes that apply to legal practitioners. They are generally written to serve as procedural tools rather than to establish a basis for civil liability. Violations of a Rule of Conduct for Lawyers do not create a cause of action or a presumption of breach of legal duty, but may nonetheless be grounds for non-disciplinary action. Moreover, a rule of conduct may be a useful tool in addressing specific ethical questions.

Traditionally, lawyers have sought to meet higher standards of professional conduct. These standards encompass competence, civility, conscience, and the contribution to the quality of the legal system and the public good. The new Rules of Professional Conduct are intended to do this. However, many of the rules contained in the Code of Professional Conduct are unclear and imprecise.

Powers of government

The powers of government under law are divided into three categories: concurrent powers, reserved powers, and police powers. The former types of powers require the state to provide a particular service. Concurrent powers, on the other hand, are used to provide public facilities. The division of powers has been a source of conflict in the federal system, as states often seek to legislate on issues that are not their responsibility. The doctrine of preemption has been used to resolve some of these conflicts.

The federal government has many powers, which it can exercise. These powers include the authority to declare war, the power to tax, and the right to regulate commerce. These powers are also expressed in the Constitution. Some of these powers are express, while others are implied. The federal government’s power to tax is an example of an implied power.

Presumption in favor of liberty

The presumption of liberty in law means that an individual is presumed to be free to do anything that is reasonable and practical. If an individual is accused of violating this right, the burden of proof rests with the person challenging the claim. This challenger is typically a political authority or a plaintiff in a legal dispute. But a person may also be challenged by a third party who has access to public rulemaking. The challenger must prove sufficient cause, which may be the existence of an applicable rule prohibiting the act, or the probability that doing so would hurt another person.

There are two major problems with the presumption of liberty. One of them is that it relies on people’s love of liberty and imputation of value to it. This makes it doubly vulnerable. After all, freedom itself has no intrinsic value, and those who claim this preference may actually prefer other values. Moreover, these other values are not limited to liberty.