Law
is, generally, a system of rules which are enforced through social institutions
to govern behavior. Laws can be made by legislatures through legislation
(resulting in statutes), the executive through decrees and regulations, or
judges through binding precedent (normally in common law jurisdictions).
Private individuals can create legally binding contracts, including (in some
jurisdictions) 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 unwritten) and the rights encoded
therein. The law shapes politics, economics, and society in various ways and
serves as a mediator of relations between people.
A general distinction
can be made between (a) civil law jurisdictions (including canon and socialist
law), in which the legislature or other central body codifies and consolidates
their laws, and (b) common law systems, where judge-made precedent is accepted
as binding law. Historically, religious laws played a significant role even in
settling of secular matters, which is still the case in some religious
communities, particularly Jewish, and some countries, particularly Islamic.
Islamic Sharia law is the world's most widely used religious law.
The adjudication of
the law is generally divided into two main areas referred to as (i) Criminal
law and (ii) Civil law. Criminal law deals with conduct that is considered
harmful to social order and in which the guilty party may be imprisoned or
fined. Civil law (not to be confused with civil law jurisdictions above) deals
with the resolution of lawsuits (disputes) between individuals or organizations.
These resolutions seek to provide a legal remedy (often monetary damages) to
the winning litigant. Under civil law, the following specialties, among others,
exist: Contract law regulates everything from buying a bus ticket to trading on
derivatives markets. Property law regulates the transfer and title of personal
property and real property. Trust law applies to assets held for investment and
financial security. Tort law allows claims for compensation if a person's
property is harmed. Constitutional law provides a framework for the creation of
law, the protection of human rights and the election of political
representatives. Administrative law governs what executive branch agencies may
and may not do, procedures that they must follow to do it, and judicial review
when a member of the public is harmed by an agency action. International law
governs affairs between sovereign states in activities ranging from trade to
military action. To implement and enforce the law and provide services to the
public by public servants, a government's bureaucracy, military, and police are
vital. While all these organs of the state are creatures created and bound by
law, an independent legal profession and a vibrant civil society inform and
support their progress.
Law provides a rich
source of scholarly inquiry into legal history, philosophy, economic analysis
and sociology. Law also raises important and complex issues concerning
equality, fairness, and justice. There is an old saying that 'all are equal
before the law'. The author Anatole France said in 1894, "In its majestic
equality, the law forbids rich and poor alike to sleep under bridges, beg in
the streets, and steal loaves of bread." Writing in 350 BC, the Greek
philosopher Aristotle declared, "The rule of law is better than the rule
of any individual." Mikhail Bakunin
said: "All law has for its object to confirm and exalt into a system the
exploitation of the workers by a ruling class". Cicero said "more
law, less justice". Marxist doctrine
asserts that law will not be required once the state has withered away.
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