What Is Law?

Law is a set of rules that a society or community creates to regulate its behaviour. These are enforced by a controlling authority, and are often backed up by sanctions or penalties.

Laws can be created by legislatures, producing statutes; by executive institutions, resulting in decrees or regulations; or by judges, through case law (commonly known as common law) or through precedent. Private individuals can also make legally binding contracts or create alternative dispute resolution processes to standard legal proceedings, such as arbitration agreements. While the precise definition of law is a matter for longstanding debate, most scholars agree that it includes a system of rules and processes that provide accountability to citizens and protect their rights and freedoms.

The exact form of a country’s law system can vary significantly, reflecting the historical background and cultural influences that it has experienced. In modern times, there has been a trend towards harmonisation of law systems, with the adoption by most countries of elements from other legal traditions. These include common law, civil law, and religious law.

In many societies, law is the foundation of democracy, which ensures equality before the courts and other state agencies. However, many laws can be controversial and subject to a great deal of criticism, especially when they are perceived to favour one group over another.

As well as regulating the conduct of members of a society, the law can also serve a political purpose, protecting the sovereignty of nation-states and promoting human rights. The concept of the rule of law is widely recognised as an essential feature of a well-functioning society, although there are still struggles to achieve it in parts of the world.

For example, the law may establish the minimum wage or impose standards of safety for employees in a workplace. It may govern the relationships between employers and trade unions, or guarantee a citizen’s right to a fair trial. It may define property rights, such as those to land and buildings, or determine who can sue for slander.

The law can be broken down into various branches, such as contract law (the laws that govern agreements between parties to sell or buy goods and services), criminal law, or labour law. There are also specialised branches, such as administrative law (rules that govern the workings of public agencies), maritime law, and medical jurisprudence. Other branches of the law include banking and financial regulation, which set the standards that banks must meet, and tort law, which covers the compensation that can be awarded when someone’s liberty or property is damaged or harmed. The word ‘law’ is also a synonym for justice, and the concept of a just society is a central theme in many legal theories. See also legal ethics; lawyer; jurisprudence; and legal history.