The Nature of Law
Law is the collection of rules and practices that form a framework for a society and govern its relationships. It encompasses the system of justice that ensures a fair trial, the rules governing employment and civil rights, the regulations pertaining to immigration and asylum, and the guidelines for what is permissible in courtroom evidence. Law shapes politics, economics, history and society in a variety of ways. Law is important because it regulates society, maintains order and protects liberties and rights. This article discusses the nature of law, the reasons why it is important and some of the challenges that it faces. It also provides some background on the major types of law and legal systems that exist around the world.
Defining law is challenging, as it is subject to different interpretations. At the most basic level, law may be seen as a set of commands, backed by threats of sanctions, issued by a sovereign ruler. Such a definition of law is flawed, however, because it does not take into account the existence of many other types of laws and systems. For example, tyrants often issue arbitrary orders that are not “law” in the sense of being backed by threat of sanction; nevertheless, they still enforce these bad rules, which may well be deemed immoral by many people. The Nazis, for example, executed six million Jews, and Saddam Hussein routinely tortured and killed political opponents under the auspices of Iraqi law.
Other theories of law are more sophisticated, such as John Austin’s utilitarian view that law is the collection of rules that best promote human happiness. Philosophers such as Jeremy Bentham, Jean-Jacques Rousseau and Thomas Aquinas have also defined the concept of natural law, which asserts that the principles of morality are embedded in the natural processes that make up the universe.
These varying theories of law reflect the complexities that define law in practice. Laws are formulated, amended and interpreted by the legislature, the judiciary and citizens. The process of interpreting law involves a wide range of social issues, including ethics, the role of religion and the power of the state.
Law is a rich field of study, with topics as diverse as the people who are interested in it. Law scholars can explore such topics as censorship; crime and punishment; law, philosophy of; and international law. There are also articles focusing on specific areas of the law, such as constitutional law; family law; and business law. Other articles discuss the relationship between the law and other social sciences, such as psychology; sociology; and history. Moreover, there are articles that examine how the law intersects with other political structures, such as the constitution; ideology; and political party. Finally, there are articles that discuss the role of law in social problems, such as inequality; land reform; and the military.