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What Is Law?

Law

Law is the set of rules that regulates a society. It creates a framework to ensure that people behave in a civilized way and punishes those who do not obey the rules. It also defines who has the power to make and enforce the laws.

Many theories of law exist, ranging from the belief that law is simply power backed by threat to the idea that the nature of a law depends on its context. For example, a law against insider trading might be seen as reflecting a moral position against corruption or a rule on due process that reflects a desire for fairness and decency in government actions.

A prevailing theory is legal positivism, which believes that law reflects a social want and tries to satisfy it. It does so by enforcing socially desirable results, such as those relating to economic and ethical considerations. For example, laws governing the carriage of goods might aim to balance efficiency with safety and security.

The law is also influenced by culture and history. For instance, the system of civil law, found in countries around the world, has evolved from Roman and Germanic roots to reflect local custom and culture. It is a major component of most national cultures and promotes cooperation between human beings. In addition, there is a rich tradition of academic law studies that informs the legislature and judiciary. Law journals, especially flagship law reviews, offer opportunities for scholars to discuss and debate the law and its applications.