What Is Law?
Law is a system of rules that a society develops in order to deal with crime, business agreements and social relationships. It is often used to refer to the people who work in this system, such as lawyers or judges. It can also be used to refer to a particular branch of the law, such as criminal law or business law.
The precise nature of law is a subject of ongoing debate. One view is that it is a means of social control, imposed by a controlling authority. Another view is that it reflects the will of the community and serves its needs. It may also be viewed as an objective science, or as a morality.
Some laws are created by a legislature, resulting in statutes; by executive decrees and regulations; or by courts, resulting in case law. In addition, private individuals can create legally binding contracts, including arbitration agreements that offer alternatives to standard court litigation.
While a number of different theories of law exist, they generally share the same basic elements. A fundamental requirement of any law is that it must be enforceable by a controlling authority. Another important requirement is that it must be logical, objective and fair. It should also provide a degree of predictability.
A legal system is an important part of a country’s infrastructure, enabling citizens to interact with each other in a secure and stable manner. The law shapes politics, economics, history and society in many ways. For example, it may govern the distribution of wealth, the use of force and the status of minorities. The law also establishes standards, maintains order, settles disputes and protects rights and liberties.
In the United States, legal education in the early 19th century was dominated by reading discursive treatises that examined older English law. However, this form of learning was unsuited to the rapid decisions made by a young nation’s courts. Therefore, a number of law periodicals were founded in the US to highlight recent court decisions, local news and editorial comments. These became the foundation of modern American law education.
The law is often divided into a variety of categories to facilitate its study. These include agency; air law; bankruptcy; contract; criminal law; family law; estates; labor law; maritime law; property law; tort law; and tax law. Each category contains a number of subcategories to allow for an even more detailed examination. Law is an important aspect of every society and has many uses. It is essential for ensuring the safety and prosperity of the human race. Without it, society would be chaotic and ineffective. For this reason, it is essential that everyone understands the law and obeys it. Otherwise, chaos will ensue and the world will fall apart. So learn the law, and help make the world a better place. —By John A. Clements for the ABA Journal. (c) 2010 Houghton Mifflin Harcourt. All rights reserved.