Law is a system of rules developed by society and governments to deal with issues such as crime, business agreements, social relationships and property. It has been described as a discipline, an art and a science, although its precise definition is open to debate. It is the basis for a nation’s constitution and its judicial, executive and legislative branches of government. In addition, it governs international relations and the protection of human rights. It is a complex and diverse field that encompasses a broad range of topics including constitutional law, criminal law, administrative law, employment law, civil rights, contract law, torts and zoning laws.
The word ‘law’ means a set of rules created by the state that form a framework to ensure a peaceful society. If these are broken or breached, sanctions can be imposed. The legal system is made up of courts and tribunals that hear cases involving disputes between people or businesses and decide on the best course of action. This may involve a court case, arbitration or mediation, but can also include an informal settlement between the parties.
Various scholars have contributed to the debate over how law is defined, and each of these views is valid in its own way. For example, James Madison pointed out that a government without a clear rule of law is “a government of men over men.” He believed this to be the reason why the framers of the United States Constitution enshrined in its text that the executive, legislature and judiciary shall not have power “to combine into a single executive and to exercise power suo jure”.
Legal historian Max Weber has reshaped thinking on the extension of state power by exploring how it is used and perceived. His work explores the ways that modern military, policing and bureaucratic power shapes the lives of ordinary citizens in a way that earlier writers such as Locke or Montesquieu couldn’t have foreseen.
A further interpretation of the nature of law was put forward by John Austin, who described it as “the aggregate of all customary practices.” This focuses on the idea that the law is a matter of unconscious and organic growth. It is a result of the collective consciousness of a society and must conform to that. This view was challenged by Hans Kelsen who suggested that the law is a normative science. The purpose of law is to create the ideals and values that people wish to live by and that society wishes to see in the world around it. This is why it is important that the courts remain independent of the legislature and that they are impartial when deciding upon a course of action. This enables the law to be impartially applied and to reflect the interests of the population. The law must also be clearly written and accessible so that it is easily understood by all. This is known as clarity of the law. It is important to understand that the law must protect all individuals, regardless of their wealth or status in society.