Law is a set of rules created by government that form a framework to ensure a peaceful society and that, if broken, can be enforced and sanctions imposed. The study of law encompasses many different aspects, ranging from criminal and civil laws to family and tax laws, from employment law to international and biolaw. Moreover, the concept of law differs from person to person: it is very difficult to give an objective definition.
Despite the differences in the legal systems and the definitions of laws, most scholars share a common view about the role of law: it governs a society by controlling human behavior with the help of penalties or rewards. The enforcement of laws can be done by the state or the military, or it can be carried out by a group of people who have agreed to uphold the principles of the law.
The main functions of law are to keep the peace and maintain the status quo, protect individuals from oppressive majority rule, preserve individual rights, and promote social justice. Some governments and societies do better in serving these purposes than others. For example, authoritarian regimes may keep the peace and maintain the status quo but also oppress minorities and limit political freedom and the press. And democracies may succeed in promoting the rights of all citizens but struggle to prevent or manage large-scale wars and crises.
In modern societies, the primary sources of law are legislative statutes and executive regulations and judicial decisions. Judicial decisions are often influenced by the “doctrine of stare decisis”—the principle that past decisions are binding on future judges. This allows courts to create consistent legal rulings, which are then used as a guide for new cases.
Aside from these two primary sources of law, religious precepts can also form the basis for a system of law. Examples include the Jewish Halakha, the Islamic Sharia and Christian canon law. However, in most of these cases further human elaboration is required to form a well-defined and comprehensive legal system.
The concept of law is the subject of numerous debates, ranging from discussions about the morality of the laws to how the legal system should function. For example, some commentators argue that law should reflect morality, while others believe that morals are separate from and not included in the laws of a particular society. These debates are part of the rich history of legal theory and will continue to play a significant role in shaping the legal system of a nation.
