Law is a system of rules that are enforced by societal or governmental institutions to regulate behavior. Laws can be either enforceable through a penalty or based on a moral principle. The word “law” is derived from the Old Norse verb lagr, meaning to lay an order.
The study of law covers many different subjects, with most legal systems handling similar fundamental issues. Common core subjects include criminal, constitutional, international, contract and tort laws. There are differences in how each country defines and classifies their legal subjects, however. For example, some countries divide their law into private and public laws. Private law typically focuses on contracts, torts and property, while public law mainly encompasses administrative, criminal, and constitutional laws.
Some scholars have debated the meaning of law. Hans Kelsen created the ‘pure theory of law’, which states that laws do not seek to describe what must occur; they simply define rules that individuals have to abide by. Other scholars have emphasized the importance of custom in the development of law.
Legal systems vary by region and culture, but most follow a tradition that traces back to the ancient Greeks or Romans. Historically, the major goals of law were to keep the peace and maintain social stability, protect individual rights, preserve minorities against majorities, and facilitate social change through democratic or autocratic government. Other goals included promoting economic development, providing for peaceful transfers of power, and preserving cultural heritage.
A legal system is usually based on either a religious or secular foundation. Religious systems include Jewish Halakha and Islamic Sharia, as well as Christian canon law. These systems are primarily based on scriptures, which serve as a guide for human interpretation. This further elaboration is accomplished through the methods of Fiqh (laws of Islam), Ijma and Qiyas in Islamic law, and precedent and judicial interpretation in Jewish law.
In the modern world, the role of law is broader than ever before. The global economy and the proliferation of transnational organizations pose new challenges to legal systems. In addition, the military and policing powers of the state often have direct influence over citizens’ daily lives in ways that earlier writers such as Locke and Montesquieu did not anticipate. For these reasons, legal scholars have reshaped thinking about the nature of the state and its relationship to the community. This is especially evident in the fields of criminal, constitutional, and international law. There are also concerns about the impact of the state on individuals’ privacy and civil liberties. This article explores these issues and discusses how they are reflected in modern legal systems. The author hopes that this article will be a useful resource for scholars in these areas. It will be particularly helpful to students and faculty at Penn State University, Dickinson Law School, and other higher education institutions.