What Is Law?
Law is the body of rules that govern a particular place or community. These rules are enforced by a controlling authority, usually by means of sanctions. Laws are based on a combination of custom and practice, legislative statutes, and judicial decisions. In addition, law may be influenced by a constitution, written or tacit, and the rights encoded within it.
The Law of a country, whether written or not, shapes politics, economics, history and society in many ways and is reflected in numerous legal disciplines. Employment law for example concerns the tripartite industrial relationship between worker, employer and trade union and includes such issues as workplace health and safety or the right to strike. Family law covers marriage, divorce and the rights of children. Administrative law encompasses laws governing the activities of government, such as taxation or immigration, whilst constitutional law examines a state’s constitution and its relationship with the administration, courts and legislature.
In addition to these areas of law, there are also specialist fields such as property law, which defines people’s rights and duties toward their tangible property (e.g. land and buildings) and intangible property, such as bank accounts and shares of stock. Banking law and financial regulation sets minimum standards for the amount of capital banks must hold, and rules about best practice in investments and finance. Other legal disciplines include immigration, which deals with the rules for acquiring and losing citizenship in a country and dealing with the problem of stateless individuals; labour law, which covers such areas as contract, employment, equality and safety issues; criminal and civil procedure, which involves how trials and appeals are conducted; and evidence law, which decides what materials are admissible in court.
Law can be described as a mechanism for regulating human behaviour and actions by imposing standards, guidelines and principles that are designed to ensure a peaceful society. These laws are enforced by mechanisms created by the state and can be backed up with sanctions. They are said to reflect societal viewpoints on rationality, justice, morality and order as well as providing security and stability.
The concept of law is extremely complex and differs from person to person, as do views on the purpose of a law. Some argue that a law should exist to protect against anarchy or the Hobbesian war of all against all, but others, such as Max Weber, reshaped thinking on this question by arguing that the law should provide for accountability and fairness in governmental activities. This approach is known as the Rule of Law. It is this principle that forms the basis of modern democracy, though it is still contested by some. The law is a complex and evolving phenomenon, and lawyers and judges are at the forefront of its development. They can often be seen to be working in a dynamic and fast-changing environment, as they work to balance the competing needs of the public and the private sectors. Their job is to protect the public interest and ensure that the law remains up-to-date in a changing world.