Law
Law is a system of rules created and enforced through social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and the art of justice. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history, and society in various ways and serves as a mediator of relations between people.
Legal systems[edit | edit source]
There are several types of legal systems, each with their own sets of laws and ways of being interpreted and enforced. These include:
- Civil law, which is the most widespread system of law in the world, codified into legal codes.
- Common law, which is based on precedent – decisions made in previous legal cases.
- Statutory law, which is written law passed by a body of legislature.
- Religious law, which is based on the scriptures of a particular religion, such as Islamic law (Sharia) and Jewish law (Halakha).
- Customary law, which is unwritten and based on cultural or societal norms.
- Hybrid systems, which combine elements of various legal systems.
Functions of law[edit | edit source]
Law serves several important functions in society, including:
- Establishing standards and ethics that are to be followed by individuals and societies.
- Maintaining order by providing a basis for resolving disputes and punishing actions that threaten the well-being of society.
- Protecting liberties and rights through constitutions and other legal documents.
- Regulating industry and business practices to ensure fairness and safety.
- Facilitating planning and the realization of reasonable expectations by providing a framework within which people can plan their futures and businesses can make economic decisions.
Branches of law[edit | edit source]
Law is divided into various branches, such as:
- Criminal law, which deals with behavior that is or can be construed as an offense against the public, society, or the state—even if the immediate victim is an individual.
- Civil law, which addresses the resolution of lawsuits between individuals or organizations.
- Constitutional law, which involves the principles and structures of a government and its relationship with the people it governs.
- Administrative law, which governs the activities of administrative agencies of government.
- International law, which concerns the treaties, customs, and agreements between nations.
Legal profession[edit | edit source]
The practice of law is typically overseen by either a government or independent regulating body such as a bar association, bar council, or law society. Modern lawyers achieve distinct professional identity through specified legal procedures (e.g., successfully passing a qualifying examination), are required by law to have a special qualification (a legal education earning the student a Bachelor of Laws, a Bachelor of Civil Law, or a Juris Doctor degree), and are constituted in office by legal forms of appointment (being admitted to the bar). There are civil law and common law legal systems.
Challenges and criticisms[edit | edit source]
The law faces criticism and challenges in various aspects, including issues of justice, fairness, and equality. Critics argue that the law can be manipulated or abused by those with power, leading to injustices. Additionally, the complexity of the law can make it difficult for individuals to understand their rights and obligations.
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Contributors: Prab R. Tumpati, MD