The Oxford Encyclopedia of Law
Law is a system of rules that governs the conduct of people in a society and is enforced by sanctions imposed by a controlling authority. The laws may be written or oral and cover a wide variety of subjects. Some are general and apply to everyone, while others are limited to specific groups.
Law serves several purposes, including establishing standards, maintaining order, resolving disputes, and protecting liberties and rights. Some systems of law are more effective than others in meeting these goals. For example, an authoritarian government may keep the peace and preserve the status quo but will also oppress minorities and political opponents. On the other hand, democratic governments generally promote social justice and provide for orderly change.
The precise definition of law has long been a subject of debate. John Austin characterized it as “commands, backed by threat of sanction, from a sovereign to his subjects, who have a habit of obeying them.” Utilitarian philosopher Jeremy Bentham proposed that the law should serve the greatest number of people. Jean-Jacques Rousseau advocated a concept of natural law that he believed reflected the moral nature of human beings. These ideas were widely accepted in the West until they were superseded by Enlightenment thought and scientific methodology.
Most legal systems are a combination of legislative statutes and executive regulation, but the role of the courts in adjudicating cases is significant as well. In common law systems, judicial decisions are recognized as law on an equal footing with legislative statutes. This principle, known as stare decisis, ensures that cases of similar fact and circumstances reach similar conclusions. In contrast, civil law systems tend to have more detailed legislative statutes and a lesser role for judges in interpreting and applying the law.
Many types of law are important to our society, ranging from criminal and administrative laws to employment, family and intellectual property laws. The study of law includes the underlying principles and processes that make these laws work. Law is often a complex topic that requires expert knowledge of various fields, including history, philosophy, sociology and economics.
The Oxford Encyclopedia of Law offers over 34,000 concise definitions and in-depth, specialist encyclopedic entries covering every facet of this vast and complex discipline. Written by experts for researchers at every level, this trusted source covers everything from international law and environmental law to family and labour laws and the major debates in legal theory. It includes detailed articles on individual subjects as well as cross-references and charts for quick reference. It is an invaluable tool for researchers, students, lawyers and anyone with an interest in this enduringly controversial field.