What Is Law?

Law is the system of rules governing human conduct that society creates and enforces. These laws serve many purposes including keeping people safe, regulating trade, resolving conflicts and protecting liberties and rights. They may be created and enforced by a group legislature, resulting in legislation (or statutes); by the executive branch, resulting in decrees or regulations; or through the judiciary, through court decisions binding on all future courts. Private individuals may also make their own legal contracts, or bind themselves to arbitration agreements that provide alternative ways of resolving disputes to standard court litigation.

The law is a complex set of concepts, and the precise definition is an area of intense debate. Some definitions focus on the idea of power backed by threat, such as the “rule of law”: that all members of a society are considered equal and subject to publicly disclosed, publicly available legal codes and processes. This understanding of the concept is often criticized by those who believe that this type of law tends to lead to oppression and authoritarian regimes, but others argue that it has significant positive impacts, such as reducing violence and encouraging economic growth by providing stability and predictability.

A wide variety of areas are governed by law, including contract law, property law (which covers ownership and rights to tangible and intangible assets), criminal law, family law and international law. Some branches of law are highly specific, such as patent law and tax law, while others are broadly applicable. For example, employment law regulates the relationship between employers and employees, while tort law provides compensation for people harmed by others’ actions, whether through automobile accidents or defamation of character. International law includes laws governing immigration and nationality, the rights of refugees, asylum seekers, stateless persons and other issues of concern to nations and the world.

While most laws are made and enforced by governments, some exist through customary practices that develop over time in specific regions. This type of law is sometimes referred to as international customary law or common law, although critics argue that the term “law” does not necessarily imply written, sovereign-issued rules. Nevertheless, these customary laws are recognized as valid by most countries and are commonly considered to be binding, at least in some respects. Other areas of the law include administrative law, constitutional law and civil rights. In addition, some scholars have argued that the law should reflect a moral stance. This perspective is sometimes called legal positivism.