What Is Law?
Law is a system of rules that regulates the behavior of people. It provides a foundation for civil society and a framework of order for the state. It also serves as a source of scholarly inquiry in legal history, philosophy and sociology. The law is found in many forms: contracts, property rights, etiquette and custom, and written statutes. The term can be used to refer to the body of laws governing one specific subject or field, such as commercial law or constitutional law.
A country’s legal system depends on the kind of government it has and on its constitution. A democratic system of government based on the rule of law tends to have a more open process and greater accountability, while an authoritarian regime can oppress minorities or political opponents. Some countries have a mix of both democratic and authoritarian elements.
The law can be used to prevent social change or to encourage it. For example, a law can prohibit the use of drugs or protect intellectual property. It can also limit access to information or restrict censorship.
Law can be divided into several different branches, each regulating a different aspect of life. Criminal law, for example, defines conduct that is considered harmful to society and can be punished with imprisonment or fines. Civil law deals with the resolution of lawsuits (disputes) between individuals or organizations.
Regulation law covers public services and utilities, such as water, energy and telecommunications. It can also encompass private companies that take over the management of these services and are bound by varying degrees of social responsibility.
Laws can also cover specific activities, such as banking, insurance and air transportation. Commercial law is rooted in the ancient Law Merchant and modern principles of company law, bills of exchange, insolvency and bankruptcy, sales and the carriage of goods.
A country’s law can vary based on its social circumstances and historical background. In the United States, for instance, judges interpret case law in deciding how to apply statutes. This approach is known as common law. In contrast, other countries, such as Japan, have a system of law based on codes, which explicitly establish the rules that judges must follow.
Other aspects of law include en banc, which means all the judges of an appellate court are present to hear a case, and concurrent jurisdiction, where two courts share responsibility for a particular issue. Laws can be influenced by ethics, morality, religion and cultural norms. This influence is often reflected in the terms of reference for a judge or jury. It can also be seen in judicial discretion, which is the ability of a judge to make up their own mind about a dispute. This flexibility may be a sign that the law is being applied in a more personalized way. This is in contrast to a legal maxim, attributed to William Blackstone, that a judge should not apply precedent if it would lead to injustice. A related concept is natural justice, which stresses the importance of fairness and equality in the application of the law.