Law is a system of rules, standards and principles that governs the conduct of people within a society. The law defines what is and is not allowed by a government and sets punishments for breaking those rules. Law is used to keep the peace, maintain social order, resolve disputes and protect liberties and rights. The law influences politics, economics and history in various ways. It is a central part of a well-functioning society.
Law may be seen as a force that imposes its own will on others or, as an expression of the will of the sovereign or god. The concept of law as power or an expression of the will of the sovereign was first developed by Jeremy Bentham and John Austin. They viewed the law as commands, backed by the threat of sanctions, from a sovereign to whom people have a habit of obedience. Other legal philosophers, such as Jean-Jacques Rousseau and Thomas Aquinas, saw law reflecting a moral or natural law that is universal and unchanging.
Another way to view the law is to see it as a set of rules that the government enforces to promote certain values or interests. For example, laws prohibit stealing. The laws may be enforced by fines or jail time, depending on the crime and the law broken. A third way to view the law is as a means of control. A tyrant, for example, will use the law to impose his own will on the populace. This is a form of coercive control that can be used to maintain social order and limit the scope of freedoms in a country.
Many countries have constitutions that codify the law and enshrine the basic rights of citizens. These constitutions serve as a framework for the law and provide guidance for the courts that interpret it. Other countries do not have a written constitution, or their written constitutions are ignored by the courts. The rule of law, a fundamental element of any society, is important because it protects against anarchy or the Hobbesian war of all against all. It also allows people to plan their affairs with reasonable confidence that they can know the legal consequences of their actions.
A clear, publicized law is essential to the law. It should be stable, and it should guarantee that all members of a society are treated equally. This is often referred to as a just law or a fair law. It should also ensure that the process by which laws are enacted and enforced is accessible and fair. In addition, it should be transparent so that the people can monitor what is happening and how the law is being implemented. This is sometimes referred to as open government. These principles are essential for a functioning democracy. In addition, the rule of law should protect against arbitrary enforcement of the law by government officials or agents. It should protect against official arbitrariness and corruption. It should protect against racial and ethnic discrimination, and it should provide for open and free markets.
