Law is the set of social rules that govern human conduct and relations. It includes commandments and principles sanctioned by a sovereign as its will in relation to the actions of members of an organized jural society, and it also includes the consequences that result from violating these laws. Laws are usually codified and enforceable by courts, but they may be influenced by political philosophy, economic interests and ethical values.
The primary functions of law are to protect citizens and property, to order public affairs, to establish justice, and to enact and enforce the values and goals of a nation. Consequently, the underlying philosophies and institutions of a nation-state are the principal determinants of what law exists. Many countries have hybrid legal systems that combine common law and civil law traditions with religious, ethnic or customary laws.
A key factor in determining what laws exist is the degree to which an authority that makes or enforces them is subject to democratic control. The most stable nations have a rule of law that is subject to popular influence and democratic control. This system of government is called a democracy and is usually based on the principle that all citizens have an equal right to life, liberty and property. In unstable or authoritarian countries, the people and groups that have military power can command political-legal authority to make and enforce the laws that govern them.
In common law jurisdictions, decisions by courtroom judges are acknowledged as law on an equal footing with legislative statutes and executive regulations. The principle known as stare decisis, or “standing by previous decisions,” means that the judgment of a higher court generally binds lower courts in the same jurisdiction, but only with respect to cases that have similar facts.
The process of figuring out what the law is in a given situation involves several stages. One must ascertain the facts of the case, locate any relevant statutes and previous judicial decisions. Then, one must determine how to interpret these decisions and apply them to the facts of the case at hand. Finally, one must evaluate the overall effect of all the decisions and the reasons given in them.
A key question for legal philosophers is what constitutes a reasonable legal standard. Among other things, this definition affects how a judge weighs the evidence in a case. A recurring issue in the case law is whether an alleged violation of a specific law is reasonable or not.
Laws are complex and change over time. Some of this is due to social and cultural changes, and some is the result of natural processes. For example, as a society becomes wealthier, it may become less inclined to tolerate sexual harassment and discrimination. This can lead to new legislation that would not have been tolerated in the past. The evolution of a country’s laws thus gives rise to many debates and controversies.