Understanding the Meaning of Law
Law is the set of rules that govern a particular society or community. It involves both the rules themselves and the system of enforcement. Oxford Reference offers a range of books and online resources to help readers understand the principles and processes of this important subject.
In a modern state, the legal system is designed to ensure that people are treated fairly and that their property and liberty are protected. This goal is achieved through a wide variety of laws, including criminal law, torts, property law, administrative law and constitutional law. These laws are enforced by courts or other government agencies.
It is important for society that the law be clear and understandable so that everyone can comply with it. It is also important that the law be reasonably stable in order to facilitate planning and coordinated action over time. It is also essential that the governing authority be accountable for its actions, and that citizens can have confidence that the laws will protect them against official arbitrariness.
There are many different ideas about the meaning of law. One of the earliest was Jeremy Bentham’s utilitarian definition: law is “commands, backed by threats of sanctions, from a sovereign to subjects whom they have a habit of obeying.” Natural lawyers like Jean-Jacques Rousseau argued that laws derive from an innate sense of justice and fairness, and are unchanging. Others, such as John Austin, believed that the law is a complex system of commands and penalties that change over time.
A more contemporary theory of law was developed by Hans Kelsen. He emphasized that the law is not an objective science, but rather a normative science. It does not seek to describe what must occur, but only defines certain rules that a person is expected to follow. The law is a product of the social consciousness (Volkgeist) and it changes with culture and time.
Despite these differences in philosophy and approach, most scholars agree that the primary function of law is to satisfy social wants. These may include: keeping the peace and maintaining stability, protecting minorities against majorities, preserving individual rights, and promoting social justice. Some systems of law are better able to meet these needs than others.
The extent to which a country’s governing system achieves these goals is measured by the Rule of Law. This includes whether the law is understandable, publicly available, and stable, and whether it guarantees core human, procedural, and property rights. It also measures the effectiveness of checks on governmental power, such as a free press, and whether there is a smooth transition of political power. The Rule of Law is not yet fully achieved in any country, but it should be a high priority for all nations. The goal is to create a society in which people can live safely, peacefully and productively, without fear of being wronged by their governments or neighbours. The rule of law can be improved by developing a more transparent, accountable and inclusive legal system, which promotes economic development and social progress, while reducing inequality, poverty, and violence.