The Concept of Law

Law is a system of rules and customs that a society recognises as binding. It is enforced by a controlling authority and often involves penalties. In a societal context, laws reflect the values of that society, for example, on rationality, morality, and order. It is also a field of study, with the aim of developing legal theory and interpreting legislation.

The concept of law varies greatly from one society to the next. It shapes politics, economics, history and culture in many ways. For a detailed account of the role of law in a nation, see constitution; ideology; political party; and political system. The law also plays an important mediation function between people. For a discussion of this, see law and human rights.

In modern society, laws are typically written in legislative statutes. However, decisions of courts can also be considered law and bind lower courts through the principle of stare decisis. The law thus has a dual source: it derives from the constitutional or legislative system and is also created by adjudication.

Traditionally, lawyers have been trained by studying texts called treatises, which are collections of legal precedents and analyses of previous cases. In the 19th century, newer legal periodicals emerged, which highlighted recent court decisions and local news. This enabled them to provide a more timely and relevant source of information for students.

These periodicals, together with law schools and universities, were the main sources of education in the law for generations. In the 20th century, however, new developments in computer technology and advances in sociology have opened up a range of different methods for educating students of law. These include distance learning; simulations of courtroom trial practice; and interactive, web-based e-learning.

The broadest definition of law includes the judicial branch and the legal profession, which is known as the solicitor’s profession. The latter is concerned with legal services, including advocacy and litigation, but also encompasses the drafting of laws, contracts, agreements and statutes.

Other branches of the law include competition law, consumer law and labour law. The former involves regulating businesses that seek to manipulate market prices to the detriment of consumers. The latter is about protecting workers’ interests, such as the right to strike.

The law is also the basis of a nation’s government and its political structure. This is a complex subject as many of the principal functions of the law involve power and the control of conflicting forces. For example, it is a key issue in democracy when it comes to deciding who should have power and the role of the judiciary.