Law is a powerful set of rules created by an authority that must be followed. These rules are typically backed by the threat of sanctions. In addition to creating and enforcing a system of justice, laws can also serve other purposes such as keeping peace, maintaining the status quo, preserving individual rights or liberties, resolving conflicts and allowing for orderly social change. Different legal systems meet these goals differently, with some achieving better outcomes than others.
The study of law is the process of analyzing how these systems of justice work and what makes them successful or fail. This study is done by lawyers and judges. In this article we will explore some of the fundamental concepts and principles of Law, including what it is and why people need it.
A common definition of law is a set of written rules created by a sovereign ruler. This is a narrow view of the term, however, as it excludes the idea that laws can be written by other people and that they can also be made by an individual. The word “law” can also be applied to any strong rule created by an authority that must be obeyed, such as your parents’ house rules or the law of self-preservation. A wide range of rules fall under the umbrella of Law, from contracts to property and even physics.
Many philosophies and schools of thought exist around the question of what constitutes law. Utilitarian philosopher Jeremy Bentham defined law as “commands, backed by the threat of sanctions, from a sovereign to whom people have a habit of obedience.” Other thinkers like Jean-Jacques Rousseau and Thomas Aquinas wrote about natural laws, which they believed to be a reflection of unchanging moral principles.
Ultimately, it is up to the legal system of each nation to determine the extent to which they will use their power to promote the four principal functions of Law: setting standards, maintaining order, resolving disputes and defending rights or liberties. Whether they succeed or not in doing so depends largely on the nation’s political landscape, as some nations have much more stable or authoritarian governments than others.
In countries with a constitutional republic, the Constitution defines the limits of the power of government. It often establishes checks and balances between the executive, legislative and judicial branches of the government. In countries without a constitutional framework, the Law is defined by statutory and case law.
The Constitution of the United States gives Congress the power to enact statutes for certain limited purposes, such as interstate commerce, the military, foreign relations, tariffs, and intellectual property (specifically patents and copyrights). Federal laws are then codified into the United States Code, and judicial interpretations of those statutes and regulations carry the force of law through the doctrine of stare decisis. In most areas of the country, federal and state law coexist. For example, federal laws on aviation, telecommunications, railroads, and pharmaceuticals coexist with strong state laws in family, employment, and antitrust areas.