What Is Law?

Law is the set of rules and other norms that form a framework to ensure a peaceful society. It is enforced by the state and can result in sanctions being imposed on those who break the law. Law is found in a wide variety of forms and shapes and is one of the most complex issues in human affairs.

Its precise definition has been the subject of longstanding debate with many books containing different ideas about and explanations for law. However, the majority of the debate has revolved around the concept of natural law, which argues that there are certain core principles that are innately moral and that people are naturally disposed to obeying them. The implication is that the majority of people in any given society should be able to agree on these core principles, regardless of their religion or cultural background.

In this school of thought, the purpose of law is to serve four principal functions: establishing standards, maintaining order, resolving disputes and protecting liberties and rights. This is a more utilitarian view of law than the classical legal schools. However, the actual application of laws to specific situations is a highly subjective and difficult area in which to formulate objective principles. Modern military, policing and bureaucratic power over ordinary citizens’ daily lives pose special problems for accountability that earlier writers such as Locke or Montesquieu could not have imagined.

Other laws may be created by legislatures, such as criminal statutes or taxation laws. These are designed to regulate specific types of activities or behaviour. Banking law, for example, sets minimum standards for the amount of capital banks must hold and rules about best practices for investment. Regulation is another type of law that deals with the management of utilities such as energy, water and telecoms. These laws are often designed to protect public interests and to encourage responsible business practice.

There are also laws based on religious precepts such as Jewish Halakha and Islamic Shari’a, and Christian canon law still exists in some church communities. These laws are often more explicitly based on a divine word that cannot be altered by humans, and further elaborated through the techniques of interpretation (Judaism), Qiyas (reasoning by analogy) and Ijma (consensus).

Law has been used in many contexts throughout history including preventing war, providing security and peace, managing trade and economic relations, establishing social order, preserving property and providing protection from harm. It has been a key tool in the expansion of European empires, and is now used by countries across the world as they attempt to build democratic and constitutional institutions.