What Is Law?

Law

Law is a set of rules that form the framework to ensure a peaceful society. It is enforced by the state and can be sanctioned if broken or breached. Its precise definition is a subject of long-standing debate.

People from different societies may have slightly differing ideas of what is meant by ‘law’. For example, in some societies the term could be applied to a body of rules that a court imposes on parties in a legal case. This is a type of ‘case law’ that is not written down, but instead derived from past decisions made by judges in similar cases.

In contrast, other people might use the word law to refer to a more general set of rules created by a government that must be followed by its citizens. These would be a ‘statutory law’ that is set out in legislation, or a ‘common law’ that is derived from the judgements of a court based on previous case history (in common law jurisdictions).

A third approach to the question is about whether laws are created and enforced by a supreme being or not. This is known as the natural school of thought and was led by philosophers such as Jean Jacques Rousseau, who believed that certain unchanging principles of morality were imprinted on human nature. Others, such as the utilitarian thinker John Austin, considered that the law reflected a system of commandments backed by a threat of sanctions from a sovereign, to whom men had a habit of obeying.

Other concepts that are often used in discussions of the nature of law are whether or not it incorporates morality and, if so, what kind of morality. Other questions that are frequently asked are whether the law should include a wide range of rights, such as those for equality and diversity in the workplace; or if it should be limited to just core human and procedural rights.

Law is a very complex and broad topic that encompasses a variety of fields. Its varied elements reflect societal viewpoints on rationality, justice and morality, as well as the need for order and stability. For example, contract law concerns the conditions under which contracts can be enforceable; property law – including both real and personal property – regulates ownership condition and rights, while labour law is about the tripartite industrial relationship between worker, employer and trade union, as well as regulating issues like health and safety and a minimum wage. The law also covers civil and criminal procedure, which refers to the rules that must be adhered to in a court trial or hearing. Evidence law, meanwhile, involves which materials can be admissible in court for a case to be built. The field of law is constantly evolving as a result of social change, and this evolution is what makes it such an interesting and important subject.