What Is Law?

Law is a set of rules, made by an authority, which citizens must obey or risk punishment. It is a tool for control, shaping politics, economics, history and society in a variety of ways, involving a mix of social control and coercive power. The precise nature of law is a source of debate. It may be based on moral values, religious precepts or a constitution, written or unwritten. It is often governed by legal philosophy and practiced as an art. It may be a tool of government, in the hands of the executive and judiciary, or it can be privately created contracts, such as arbitration agreements. For a discussion of law’s role in society see censorship; crime and punishment; police and policing; and war, law of. For the study of a particular jurisdiction and system of law, see civil law; common law; Egyptian law; Germanic law; Greek law; Indian law; Italian law; Jewish law; Japanese law; Norwegian law; Roman law; Scandinavian law; Scottish law; Russian law; and Welsh law.

The origins of law are obscure, but it is widely believed that laws are generally based on customs. Some scholars have tried to define the concept of law by analyzing customs, while others have developed a philosophical approach. The most common definition of law is that it is a system of commands, backed by threats of penalties, from a sovereign, which people have a habit of obeying. This theory of law was formulated by Jeremy Bentham and was prominent until the 20th century, when philosophers such as John Austin developed a more rigorous analysis.

Another view of law is that it reflects a set of natural, immutable principles that are universally applicable in all societies. This theory of law was elaborated upon by the 18th-century philosopher Jacques Rousseau, who described the law as a reflection of the ‘natural order’ of the universe. This theory of law was also reintroduced in the 19th-century, when it became known as ‘natural law’.

Other views of law exist, mainly in the areas of constitutional law and civil rights. Constitutional law deals with the fundamental rights and freedoms of the people, and civil rights involve the protection of individuals against discrimination, including the right to marry, own property and speak freely. Other areas of law include labour law, which concerns the tripartite industrial relationship between employer, worker and trade union, and administrative law, examining how governments act. Criminal law, a key component of the rule of law, involves the prosecution and trial of people who commit crimes, and evidence law, which examines which materials are admissible in court. All of these theories are influenced by a range of historical and contemporary social, cultural and political factors. These influence the way in which laws are defined, interpreted and enforced. This influences the laws’ effectiveness in a number of ways, including their ability to protect against anarchy and Hobbesian war of all against all, as well as to guarantee the basic liberties and rights of people in general.