What Is Law?

Law is a body of rules enforced by government to control behavior. The precise definition of law is a subject of ongoing debate. One view is that law is a system of rules that is both clear and accessible to citizens, including transparency about how the law is created and enforced. Another is that laws should promote social justice, preventing discrimination based on race, wealth, or social class. Still others contend that laws should promote peace and stability, by ensuring that all citizens face the same consequences for wrongdoing.

The word “law” is often used to refer to a specific legal document or set of documents, such as a constitution, a statute, or a treaty. However, the term also can be used more broadly to describe a body of rules or an authority that controls and regulates behavior. A common example is a traffic law, which defines the behaviors that can and cannot be done on public streets. A person who violates the traffic laws is breaking the law, and may be punished for doing so.

A wide range of legal fields can be characterized as a part of law, including competition, consumer, intellectual property, labor, and tort law. These areas are influenced by laws and regulations that vary widely between nations and within nations, and from time to time. Some legal areas, such as contract law and property law, deal with people’s rights toward intangible property (like a bus ticket or shares of stock) and tangible property (like cars or homes). Others, such as criminal and tort law, deal with the rights and duties of human beings, and include things like murder, rape, and fraud.

Some philosophers have argued that law is simply power backed by the threat of violence or other coercive means. For example, a tyrannical ruler could create arbitrary laws and enforce them through threats of violence against his or her subjects. This type of power structure might keep the peace and maintain the status quo, but it could also oppress minorities or political opponents. For instance, the Nazis murdered six million Jews during the Holocaust under German law, and Saddam Hussein tortured and killed Sunni Muslim opposition to Iraqi law.

Other philosophers have suggested that the nature of law is a more complicated issue. Hans Kelsen, for example, argued that law is a normative science that describes what must occur rather than why it occurs. Thus, he believed that laws should be interpreted and adapted to meet the needs of changing society.

A more contemporary view is that law is a fundamental element of democracy. It is essential for a democratic system of government because it helps to ensure that citizens are not at the mercy of those who rule over them. A democratic government requires that those who govern be accountable to the people, and that the people can vote out those who do not perform their duties well. A democracy requires a strong, functional law enforcement system in order to thrive.