What Is Law?
Law is the system of rules that a society or group recognizes as regulating its members’ actions.[1] It may be enforced through punishments or through other means such as fines, contracts, or arbitration agreements. Laws may be made by a group legislature, resulting in statutes; created by the executive through decrees and regulations; or established by judges through precedent in common law jurisdictions. Private individuals may also create legally binding contracts and arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation.
While the precise definition of law varies across legal traditions, all agree that it serves four principal purposes: establishing standards, maintaining order, resolving conflict, and protecting liberties and rights. Many scholars have also developed theories of the origins and development of law. Hans Kelsen’s ‘pure theory of law’ suggests that it is an objective science, while Max Weber’s theory of social revolution and Friedrich Karl von Savigny’s historical theory of custom and law suggest that it is organic and unconscious.
Legal practice varies widely among countries, with different systems of laws reflecting cultural and economic influences as well as local political and social contexts.[1] In common law systems, judicial decisions are considered “law” on an equal footing with legislative statutes and executive regulations. This is referred to as the doctrine of stare decisis.[2] In contrast, in civil law systems, judicial decisions are generally less authoritative and have less weight than statutory statutes and executive regulation.
The law is a complex and multifaceted subject that covers topics as diverse as jurisprudence, criminology, sociology, economics, philosophy, religion, and politics. As such, it is often difficult to define and understand.[3] In addition to its many practical applications, the law is a source of debate and controversy. It is often a tool for political change, and throughout history there have been numerous revolts against existing law.
Law is a vast field, covering everything from personal injury and criminal prosecutions to divorce and international law. Oxford Reference offers over 34,000 concise and in-depth encyclopedic entries by trusted experts on the major areas of law, including family, tax, business, criminal, constitutional, human rights, and international law.
A person who breaks the law is committing a crime, and the penalties for breaking the law vary depending on the severity of the offense. For example, a murderer is punished more severely than someone who commits forgery. Criminal law is the area of law that deals with crimes against the state, or a particular community. In contrast, tort law is the field of law that deals with disputes between individuals, such as auto accidents and defamation of character.