Law is the body of rules that governs a society, enforced through the exercise of power by a controlling authority. It is important for establishing standards, maintaining order, resolving disputes, and promoting social justice. In its broadest sense, it includes all the rules governing behavior and relationships, including those related to property, business, crime, family, and health. It also encompasses the legal profession, judicial process, and the system of courts.
The precise nature of the laws differs from culture to culture, as is reflected in the many different types of legal systems throughout the world. The most common function of law is to maintain order and protect people’s liberties and rights. However, a number of other functions are also often cited. These include regulating economic activities; maintaining stability and peace; providing for the transition of power; preserving cultural identity; and promoting social change. Some legal systems are able to perform some of these functions better than others. For example, although an authoritarian regime may keep the peace and maintain the status quo, it may also oppress minorities or political opponents (e.g., Nazi Germany and Saddam Hussein’s Iraq).
A fundamental debate concerns the nature of law. Utilitarian philosopher Jeremy Bentham’s classic definition of law is “commands, backed by the threat of sanctions, from a sovereign who has a habit of obedience.” In contrast, philosopher Jean-Jacques Rousseau and others have argued that the laws of nature are moral and unchanging.
While a large number of laws are created and enforced by the state, private individuals can also create legally binding contracts and agreements. These are known as common law. In some countries, these laws can be based on precedent and are enforced through a judicial system.
In general, the practice of law consists of three main areas: legislation, administration, and adjudication. Legislation is the act of creating, amending, or repealing laws. It can take place at the local, state, national, or international level. It can cover a wide variety of subjects, from traffic laws to taxation. It can be enacted by elected representatives through statutes, or established by judges through case law.
Administrative law covers procedures that are designed to promote efficiency, consistency, and fairness in the enforcement of laws. For example, it can be used to ensure that people have access to courts, make sure that decisions are impartial, and protect privacy.
Adjudication is the process by which a dispute over the interpretation or application of a law is settled. It can be done by judges, arbitrators, or committees. Disputes are usually decided by applying the rules of evidence and procedure. In some cases, the disputants may agree to have a mediator. If they cannot agree, a judge or tribunal will decide on the matter. The term law also refers to the profession of lawyers, which involves advising people about their rights, representing them in court, and giving decisions and punishments. It can also refer to a specific area of the law, such as family or business law.