The Role of Law in Modern Society

Law is a set of rules created and enforced by social or governmental institutions to regulate behaviour. From a societal viewpoint, laws reflect values such as order, fairness and morality. From a legal point of view, law extends to policies, statutes and guidelines, as well as to judgments, decrees and court orders.

The concept of the rule of law is a fundamental principle in modern democratic societies. It implies that every citizen, including those in high office, is subject to a publicly disclosed set of laws and processes. This ensures that people are treated equally by the government and that core human rights such as property, contract and procedural rights are protected.

While the principle of the rule of law is widely accepted, there are debates over the extent to which it can be applied in practice. The debate is particularly lively over whether judges should be allowed to apply their own sense of justice to the laws that they are required to enforce, and if so, how far this may extend.

Laws can be created by a legislative body, resulting in statutes; by the executive, through decrees and regulations; or by courts, resulting in case law. In common law systems, decisions made by higher courts are binding on lower courts, under the doctrine of stare decisis. In contrast, civil law systems rely on written codes that clearly specify the rules that judges must follow when adjudicating a case.

Private industry is also regulated by law, as are public services such as electricity, gas and water. In a market economy, the role of law is to protect consumers from unfair practices and competition, such as price fixing and anti-trust legislation.

Legal fields include labour, criminal and civil law. The latter involves the study of how a trial or appeal is conducted and which materials are admissible in a case. It is also concerned with the rights of citizens, such as their right to a fair trial and a just punishment.

The law can be influenced by a variety of factors, including economics, politics and social values. Economic influences include banking and financial regulation, which establishes minimum levels of capital banks must hold and rules about best practice for investment, and the impact of privatisation on the provision of public utilities. Political influence is seen in a country’s constitution, which determines the distribution of power between the legislative, executive and judicial branches of the government. Social values, such as equality and freedom of speech, can also influence the content of a law.