The Basics of Law

Law is a multifaceted concept that covers a wide variety of practices, rules and guidelines that are geared to control human behavior and keep societal order. Law also serves to address questions of rationality, morality, and honesty from both judicial and social viewpoints. It is the study of how laws are adjusted, justified and adapted over time in different civilizations.

The word “law” derives from the Old Norse lagr, which means “laying an order.” Hence, a law is a set of fixed, established and enforceable rules that impose a certain way of doing things and prevent people from breaking them. The underlying principles of the law are often religious, ethical, or social.

Most countries have a specific legal system that dictates how the law is written and enforced. For example, the United States uses a common law system where judges determine what a particular law means by interpreting previous case decisions. This approach is different from other countries, such as Japan, where judges follow a code that explicitly specifies how to interpret the law.

In addition to a country’s internal legal system, there is international law that regulates relationships between nations. This includes treaties, agreements, and other arrangements among countries or groups of nations. This is a very broad field, covering issues from the safety of airplanes (aviation law) to the protection of intellectual property rights (copyright law).

Sociology of Law

The sociology of law studies the development and structure of the legal system in a society. It is an interdisciplinary field, drawing on the perspectives of sociology, psychology, history and philosophy. It seeks to understand the relationship between law and other institutions in society, including religion, economics, politics and culture. The social functions of the legal system are to (1) keep the peace and maintain the status quo, (2) preserve individual freedoms and rights, (3) promote social justice, (4) provide for ordered social change, and (5) punish wrongdoers. The success of a country’s laws in achieving these goals is measured by the quality of its democracy, the rule of law and the degree to which core human, procedural, and property rights are protected and enforced.

The legal system of a nation depends on the political power that wields the authority to make and enforce the laws. Some countries have stable democratic governments, while others struggle to develop democratic processes and sustain their constitutional structures in the face of challenges such as corruption, ethnic conflicts, and wars. The most successful democracies are those that provide the greatest level of protection for minority rights and protect individuals from abuses by the government or by other citizens. Authoritarian regimes may keep the peace, maintain order and protect the status quo, but they often oppress minorities and limit social change. Despite these challenges, revolutions occur regularly, reflecting the aspirations of many people for more democracy and greater legal rights.