Law is a system of rules, enforced by the threat of penalties, that governs social interactions. It can cover anything from a set of family rules to the regulations that govern an airline flight, or the legal codes that govern a country’s tax system. In the context of a nation, it is generally agreed that laws serve several purposes: keeping the peace, maintaining the status quo, protecting minorities against majorities, preserving individual rights, promoting social justice and providing for orderly social change. Some legal systems serve these objectives more successfully than others.
Some scholars have tried to define the nature of law by examining the principles that underlie it. John Austin’s utilitarian view was that law is “commands, backed by the threat of sanctions, from a sovereign, to whom people have a habit of obedience.” Other scholars, such as Jean-Jacques Rousseau and John Locke, argued that the essence of law is ethical and moral.
The law can be broken in a number of ways. For example, a person may break the law by committing a crime, such as murder or larceny. Another way that the law is broken is by violating the terms of a contract, such as a breach of contract or fraud. In addition, the law can be broken by failing to follow a government’s directive, such as a traffic signal or a health warning.
Whether a violation of the law is intentional or unintentional, it is important to know how to defend oneself against a criminal charge or a lawsuit. The first step is to determine “what the law is.” To do so, one must review the statutes and case law that apply to the case. This involves searching for lines of authority, locating statutes and cases that have been applied to the facts of a particular situation and extracting statements of law and arguments of previous court decisions.
Once a lawyer has determined “what the law is,” they can begin to analyze the case in depth. They must look at the evidence, including any statements made by the plaintiff or defendant. The analysis must also include the background and history of the issue in question. In addition, the lawyer must consider the likely outcome of the case based on past case law and the decisions of higher courts or legislatures.
Other topics in this article include the legal profession; legal education; and the study of law as a subject. For more articles on law and the responsibilities of lawyers and judges, see jurisprudence; lawyer; judge; and legal ethics. For more on the role of the law in a society, see constitution; politics; and social policy. For articles that examine how law shapes the political structures of a nation, see constitutional system and political structure. Finally, for articles that explore the law’s relationship to other fields, see biology; canon law; and science and technology.