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What is Law?

Law is a set of rules that are enforced through social or governmental institutions to regulate behaviour. This set of rules can be enacted through collective legislature (resulting in statutes and regulations), executive decree or regulation, or by judges through precedent and the rule of law. It is also used by private individuals to create legally binding contracts and property agreements. The resulting body of laws governs a variety of activities, from settling disputes between people to regulating public services such as utilities and water companies.

Law shapes politics, economics and history in a variety of ways, and is a source of much scholarly inquiry into legal theory, philosophy, sociology, anthropology, political science and economic analysis. It raises significant and complex questions about equality, fairness and justice.

Legal systems differ from country to country. In “civil law” jurisdictions, the sources that are recognised as authoritative are mainly legislation and custom (i.e. case law). This differs from common law, which grew up in Europe from a mixture of legislative and case-based precedent.

Civil and common law are influenced by the cultural heritage of the societies that they form part of, as well as their geographical locations. These influences are reflected in the different forms that law takes, from ancient Babylonian codes to modern international treaties. In some cases, these differences are based on the principles of different cultures or religions. The law is also shaped by the changing nature of government, with modern military, policing and bureaucratic power over ordinary citizens’ daily lives raising specific issues for accountability that earlier writers such as Locke or Montesquieu could not have foreseen.