In science, the word law refers to a statement that describes regular or patterned relationships among observable phenomena (see physical law). Laws of mathematics and logic describe the nature of rational
thought and inference.
Laws of economics describe the nature of human behavior and interaction. Many adages are popularly called "laws". In politics, and jurisprudence, the word "law" refers to a statement that prescribes or proscribes specified relationships among people. This article focuses on this sort of law.
Law attempts to balance individual rights and social control, which are viewed as being inversely related, and is enforced by a system of criminal justice. Many social scientists use the term more broadly, to refer both to formal and informal systems of social control. In most political and legal theory, however, it refers specifically to a formal system administered and enforced by a government, and more generally to include all aspects of governmental decision making and maintenance of social order.
Law includes the processes of enacting statutes and regulations, and the resolution of disputes between individual persons or companies or the government. Civil law generally seeks to enforce the rights created by the various statutes by allowing the party
whose rights have been violated to collect money (damages) from the party who violated those rights. Where money damages are insufficient to protect someone's legal rights, the court may offer other remedies such as forbiding someone to do an act (an injunction, for example) under pain of contempt or formally changing someone's legal status (divorce, for example).
Criminal law, by contrast, is the system of laws that explain antisocial acts that are punishable by governmental sanctions such as imprisonment and/or fine. The state has responsibility for enforcing the criminal laws to protect its citizens.
Civil law proper which has its roots in ancient Roman law is the system of statutory law derived from the Napoleonic Code used in most of Europe, former European colonies (other than British), and Latin America. In England, the United States and other former British possessions such as India, Canada, Australia, and Ireland the system of common law derived from Anglo-Saxon customary law is used. Civil law and Common law use very different procedures and terminology, but the substantive content is very similar.
In states of the former Soviet Union and its satellites and other communist countries such as Vietnam, North Korea, China and Cuba a system of socialist law based on the civil law tradition was developed. With the end of the cold war, most of these nations are incorporating substantive rules and procedures compatible with private property and the conduct of business into their legal systems.
In Arab and other Islamic countries such as Saudi Arabia and Iran traditional Islamic Law derived from the Koran may be in use.
In addition to being part of the societal framework law is also an academic discipline and a profession. Lawyers, sometimes called by other names, as in England where the profession is divided between solicitors and barristers, are professionally trained in the United States at postgraduate schools of law. Many persons who attend law school never practice law but use their knowledge of law in another profession. See Law (academic) and jurisprudence For law as a profession, see lawyer and practice of law.
Further Discussion
Most laws and legal systems--at least in the Western world--are quite similar in their essential themes, arising from similar values and similar social, economic, and political conditions, and they typically differ less in their substantive content than in their jargon and procedures. One of the fundamental similarities across different legal systems is that, to be of general approval and observation, a law has to appear to be public, effective, and legitimate, in the sense that it has to be available to the knowledge of the citizen in common places or means, it needs to contain instruments to grant its application, and it has to be issued under given formal procedures from a recognized authority. In the context of most legal systems, laws are enacted through the processes of constitutional charter, constitutional amendment, legislation, executive order, rulemaking, and adjudication. However, de facto laws also come into existence through custom and tradition. (See generally Consuetudinary law; Anarchist law.)
A particular society or community adopts a specific set of laws to regulate the behavior of its own members, to order life in its political territory, to grant or acknowledge the rights and privileges of its citizens and other people who may come under the jurisdiction of its courts, and to resolve disputes. There are several distinct laws and legal traditions, and each jurisdiction has its own set of laws and its own legal system. Individually codified laws are known as statutes, and the collective body of laws relating to one subject or emanating from one source are usually identified by specific reference. (E.g., Roman law, Common law, and Criminal law.) Moreover, the several different levels of government each produce their own laws, though the extent to which law is centralized varies. Thus, at any one place there can be conflicting laws in force at the local, regional, state, national, or international levels. (See Preemption of State and Local Laws.)
Legal systems and traditions
Canon law - Civil law - Common law - European Community law - International law - Roman law - Socialist law - Anarchist law - Sharia (Islamic law)
Legal subject areas
Administrative law - Admiralty - Alternative dispute resolution - Appellate review - Civil procedure - Civil rights - Commercial law - Comparative law - Consuetudinary law - Contracts - Constitutional law - Corporations law - Criminal law - Criminal procedure - Environmental law - Evidence - Family law - Human rights - Immigration - Intellectual property - Jurisprudence - Labor law - Land use - List of items for which possession is restricted - Philosophy of law - Practice of law - Private law - Procedural law - Property law - Statutory law - Tax law - Torts - Trusts and Estates - Cyber law
Subjects Auxillary to Law
Government - Legal history - Law and literature - Political science
Legal books
Law & Legal News & Reference
Further Reading
- Cheyenne Way: Conflict & Case Law in Primitive Jurisprudence, Karl N. Llewellyn and E. Adamson Hoebel, University of Oklahoma Press, 1983, trade paperback, 374 pages, ISBN 0806118555
- Other books by Karl N. Llewellyn
Religious law
Law as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. Examples include customary Hindu law Islamic law and the divine law of the Mosaic code.
See also law (principle), religious law.
Other Laws
Murphy's Law: Anything can happen,WILL happen.