Law is the body of rules a society develops to deal with such issues as crime, business agreements and social relationships. It can also refer to the discipline and profession concerned with these rules; jurisprudence.
The legal system varies considerably from nation to nation. It reflects the prevailing political landscape and, in turn, the underlying culture and values of that country. Different systems can serve various societal functions: keep the peace, maintain the status quo, preserve individual rights, protect minorities against majorities, and provide for orderly social change. However, no legal system is infallible. There are a number of ways in which the rule of law can be undermined: political instability; the presence of dictators, monarchies or autocracies; and, in some cases, the existence of military power that can override the legal system, such as in states that were once colonized by European nations.
Depending on the political system, laws may be written and enforced by an executive branch (such as a prime minister or president) or by the courts. Those that are written and enforced by the courts generally have a greater degree of legitimacy than those written and enforced by an executive branch. It is important for the legal scholar to understand the particular political and cultural environment in which he or she is working.
There are two basic categories of law: common law and civil law. Common law arose in England after the Magna Carta, which established the right of a trial by jury and limited the king’s authority to decide cases. Civil law, on the other hand, originated in Rome and was introduced to Britain by the Norman Conquest of 1066. It is based on the principle that the king’s court does not have exclusive jurisdiction over legal matters, but rather that all citizens are entitled to equal justice before the courts.
Law entails several branches and specialties, including criminal law, property law, constitutional law, family law, labour law, intellectual property law, criminal procedure, administrative law, and evidence law. The field of law is constantly changing as new research, ideas and technology emerge. For example, the emergence of biotechnology has challenged traditional views of the law.
The concept of law is often philosophical and moral in nature. It is important to understand how a particular philosophy of law affects the creation and enforcement of laws. For instance, utilitarian theorists such as John Austin argue that the rule of law consists of commands, backed by sanctions, from a supreme authority to whom people have a habit of obedience; while natural lawyers, such as Jean-Jacques Rousseau, believe that laws of nature exist, and are unchangeable. These differences in theory can impact how a case is analyzed and decided upon by judges. This can lead to significant variations in outcomes for similar types of cases. This is one reason that comparative law is a useful tool for legal scholars. It helps them identify and analyze the similarities and differences in legal systems, thereby enhancing the value of their work.