What Is Law?

Law is the body of rules that governs a society. Typically, it is enforced by a sovereign authority through penalties such as fines and imprisonment. It is one of the four principal foundations for a civilized society, along with order, justice, and peace. The precise nature of the law varies widely between nations, and even within societies. For example, the laws of a democratic republic may differ significantly from those of an authoritarian dictatorship or feudal kingdom. In general, law is created and maintained by a combination of legislative statutes, executive orders, and common law judgments. Private individuals may also create legally binding contracts and arbitration agreements, which often adopt alternative methods of resolving disputes to standard court litigation.

The earliest records of the word “law” date back to before the 1000s. The word is believed to have come from the Old Norse lag, which means “laying order” or “fixed tune.” The idea behind law is that the community has certain standards that everyone must follow in order to maintain a peaceful social order.

Many theorists have debated the meaning of law throughout history. For example, some have argued that the law is nothing more than power backed by threats. Others have pointed out that whether or not a law is good or bad, it is still followed because the sovereign has the power to punish those who don’t comply with the laws. For example, the Nazis killed six million Jews and Saddam Hussein tortured and murdered political opponents in accordance with Iraqi law.

Other theorists have viewed the law as a moral and unchanging set of standards that are inherent in human nature. For example, the philosopher Jeremy Bentham defined law as “commands, backed by the threat of sanctions, from a sovereign, to whom people have a habit of obedience.” The concept of natural law persisted through ancient Greek philosophy and into modern times in the writings of Jean-Jacques Rousseau and Thomas Aquinas.

Aside from its fundamental purpose of establishing standards, law serves several other purposes in a civilized society. It provides stability by preventing the Hobbesian war of all against all, and it allows people to plan their affairs with reasonable confidence that they will be treated fairly. The law can also serve as a deterrent to violent behavior and help resolve conflicts.

Aside from regulating the activities of a society, the law can also define individual rights and responsibilities. These can be defined through contract law, tort law, property law, or criminal law. For instance, contract law outlines people’s rights and duties toward each other when they agree to exchange goods or services. Tort law addresses injuries or wrongful conduct that affect the personal well-being of an individual, such as a car accident or libel. Property law defines people’s rights and duties toward tangible property, such as houses and cars, and intangible property, such as bank accounts and stocks. Criminal law deals with offenses against a federal, state, or local community, such as murder and robbery.