What Is Law?

Law is a set of rules that form a framework to ensure a peaceful society. It is enforceable by the state and, if broken or violated, sanctions can be imposed. The precise definition of law is a matter of debate, and many books have been written with various ideas and theories on the subject.

Some legal scholars have focused on the concept of power and the limits of the state to exercise authority over individuals, arguing that these principles must be central to any definition of law. Others, however, have argued that power and the state must be subordinated to the rule of law. A core feature of the rule of law is that people are treated equally, regardless of their social status or wealth, and that they are guaranteed a fair trial and freedom from torture or cruel treatment.

The legal system of a particular country will determine the specifics of its laws. Common law systems, for example, use legislative statutes and judicial decisions on an equal footing to establish the law. In these systems, the principle of precedent means that decisions by higher courts bind lower courts to the same point, unless there is evidence the original decision was wrongly decided or that the current case is different in some important way.

Another theory of law is the natural school, which asserts that customs are superior to legislation. In this view, the law should always conform to the customs of the people. It should also be unconscious and organic, changing as the culture of a country changes. This view of the law was developed by Hans Kelsen, who argues that laws are normative science.

In modern society, law covers a wide variety of topics. For example, labour law examines the tripartite industrial relationship between worker, employer and trade union. Labour law includes such issues as employment standards, health and safety regulations, and the right to strike. Banking and financial law concerns rules governing the amounts of capital banks must hold, rules about best practice for investment, and the regulations that govern the provision of utilities such as water and energy. Criminal law deals with the prosecution of individuals for offenses against the state, such as theft or murder. The area of tort law involves compensation when someone or their property is harmed, such as in an automobile accident or defamation of character.

Other legal areas include administrative law, which regulates the work of government agencies, and constitutional law, which defines the rights and responsibilities of citizens and the state. Law of the sea, which sets out navigational rules for boats and ships, is another field. Finally, regulatory law involves the rules governing private companies that manage public services and utilities, such as the electricity, gas, telecommunications and water supplies in OECD countries. This type of law often has the same underlying philosophical issues as constitutional and criminal law. These include questions about the extent to which the law reflects moral values.