What Is Law?

What Is Law?


Law is a body of rules that are created and enforced through social or governmental institutions to regulate behavior. It serves several purposes, the principal ones being establishing standards, maintaining order, resolving disputes, and protecting liberties and rights. Law may be based on a constitution, whether written or tacit, or it can be created through legislative activity resulting in statutes, executive decrees and regulations or through the legal process involving precedent, known as stare decisis (Latin for “to stand by”) in common law jurisdictions. Private individuals can create legally binding contracts and may also choose alternative arbitration to traditional court processes for resolving disputes.

The precise definition of law is a matter of debate and there are many different areas of law, though most can be categorized into three main categories:

Criminal law, for example, covers the laws that govern crimes such as murder, robbery and homicide. Civil law covers lawsuits that do not involve a criminal charge, such as divorce and small claims lawsuits. Constitutional law, on the other hand, deals with how a government or nation is governed and the rights that citizens have.

A country’s laws vary widely, depending on the culture of the nation and how a society views freedom and justice. However, there are certain principles that all laws should adhere to in order to be considered legitimate and effective. These include the rule of law, separation of powers, participation in decision making, accountability to the law, transparency and the non-abusive exercise of power.

Most countries have courts that hear cases involving law, and these are normally grouped into special branches for specific types of crimes. For example, a terrorist case might be heard in a special branch of the national court system that is designed to deal with this kind of crime.

There are a number of different systems for creating and enforcing laws, with the most prominent being that of a constitutional democracy. This type of state has a written constitution that sets out the basic structure of the state and contains the principles on which it is based, such as the supremacy of the law, the separation of powers and the equality of all citizens before the court.

Other legal systems are based on religious precepts, including Jewish Halakha, Islamic Sharia and Christian canon law. There is a long-standing debate about whether these systems should be considered to be law or not, with some people arguing that they should not be regarded as such because they are not empirically verifiable. Other people, such as lawyers and judges, argue that these systems have a place in a well-functioning society and should be held to the same standards as other legal systems. This debate is a vital part of the ongoing discussion about the nature of law and how it should be applied. There is no definitive answer to this question, but it is important to understand the issues involved. Law has always been a human construct, and as such is susceptible to changing opinions and beliefs over time.