What Is Law?

Law is a system of rules created by a society or government that defines the way people must behave in order to live peacefully together. It is enforced by mechanisms that can punish those who break the rules. The laws of a society govern everything from murder to business agreements.

The term law is used in a variety of contexts, including the practice of law, legal systems and legal philosophy. It can also refer to a specific branch of law, such as criminal or property law. It can also refer to a set of laws established to control a particular activity, such as military conscription or civil rights. Max Weber reshaped thinking about the law, suggesting that modern state power extends far beyond the limits predicted by earlier writers such as Locke and Montesquieu. The growth of bureaucracy, policing and other forms of state control over daily life poses special problems for accountability that may be difficult to solve.

Different countries have different law systems. For example, the United States employs a common law system, where laws are based on judicial decisions made in specific cases, rather than statutes passed by a legislative body. In a common law jurisdiction, judicial decisions are given broader legal weight than those of lower courts or earlier cases, and they are typically considered binding on future judges. This is known as ‘case law’, or “stare decisis”.

Some societies also have religious laws, such as the Jewish Halakha and Islamic Sharia. These are derived from religious precepts, and may also be influenced by further human elaboration such as interpretation (Qiyas), ijma or consensus. Other laws, such as tax law, are based on statutes and regulations duly enacted by a legislature or other legal authority.

Law is important in a society because it sets standards for behaviour, maintains order and resolves disputes. It can also help control exploitation of natural resources and limit the accumulation of wealth by some groups in a society. It can help ensure that everyone has access to justice, and protects core human rights such as freedom of expression, privacy and the right to private property. It can also limit the power of a government, making it easier for citizens to check and challenge its actions, as well as preventing corruption. In a democracy, the law is also a source of legitimacy, which encourages citizens to believe that their government is fair and just.