What is Law?
A law is a set of rules created by a state or a country which form a framework to ensure a peaceful society. These rules are enforced by the state and if broken sanctions can be imposed. It is a broad concept which covers different areas of society. For example, labour law refers to the regulations concerning a worker’s rights and duties whilst civil procedure concerns the rules that must be followed as trials and appeals proceed. Criminal law covers the punishments for crimes, whilst evidence laws concern which materials can be used in court for a case.
Many books have been written discussing the concept of law with various ideas about what it is. Ultimately it is difficult to give a definitive definition, as it can vary from person to person and is dependent on the context of the question being asked.
The main functions of a legal system are to keep the peace, maintain the status quo, protect individuals and groups against majorities, promote social justice and allow for orderly change. The way that a nation’s laws are made, applied and enforced depends on its political situation and the nature of its government. For example, an authoritarian state may keep the peace but it is likely to oppress minorities and restrict freedoms. In contrast, a democracy is likely to have more checks and balances in place to prevent abuse of power and protect individual rights.
One school of thought on the philosophy of law is utilitarianism, which focuses on what benefits a given act will achieve. This was championed by philosopher Jeremy Bentham. A rival theory, natural law, was developed by Jean Jacques Rousseau, which claimed that laws reflect innate moral principles. The latter was based on the idea that the universe is naturally ordered and that there are certain things which all human beings should be able to agree upon, such as not murdering others.
In practice, most nations have a combination of both civil and common law systems, with each reflecting the culture and history of its people. For example, civil law countries tend to have a continental tradition of law with a strong influence from Roman and canon law but supplemented or modified by local customs. Common law countries, on the other hand, have a more Anglo-Saxon style of law and rely heavily on precedent, which means that previous decisions are used to interpret newer cases.
A lawyer is a person who studies the law in university, and can be called a solicitor or barrister depending on their training. They can also have a variety of nicknames, such as ‘Esquire’, which signifies a person with considerable experience in their field. A student who is studying for the law degree may be called a “lawyers’ clerk” or “assistant clerk.” This title is given to students who are helping to prepare cases for their lawyers. These clerks are responsible for checking and filing papers, taking notes, etc.