Law is a system of rules established and enforced by social or governmental institutions to control behavior and ensure order. Laws can be created and enforced by a group legislature, resulting in statutes; by a single legislator, through decrees or regulations; or through judicial precedent, a common practice in jurisdictions with civil law systems. Private individuals can also create legally binding contracts, forming the basis of commercial law. Many fields of law are concerned with the creation and enforcement of laws, including criminal, labour, corporate, family, property, tax and intellectual property.
The precise definition of law is a matter of ongoing debate, with various schools of thought offering different theories. A central issue is whether law should incorporate morality, a view which first emerged in ancient Greek philosophy and was revived by Jean-Jacques Rousseau. Jeremy Bentham’s utilitarian theory of law, which states that it consists of commands backed by the threat of sanctions from a sovereign to whom people have a natural habit of obedience, was dominant until the 20th century.
In contrast, Friedrich Karl von Savigny argued that law is a cultural phenomenon and is based on custom. He said that law is a ‘Volksgeist’ (popular consciousness), derived from and reinforced by the beliefs, attitudes and experiences of people in a particular culture. He believed that this meant that a society’s underlying beliefs are reflected in its legal system and that these should guide the process of creating laws.
Other scholars have proposed that laws are derived from religious precepts. Examples of this include the Jewish Halakha, Islamic Sharia and Christian canon law. Some believe that these should be regarded as a higher source of law than the legislative and judicial processes, because they represent an eternal truth. Others, however, argue that these should only serve as a model for more detailed law which is elaborated on through interpretation, Qiyas (reasoning by analogy), Ijma (consensus) and precedent.
Law has many practical applications, ranging from regulating the use of genetically modified food and tobacco to defining a legal definition of marriage. It is a vital part of a well-functioning society and it can be applied in a wide variety of settings. The legal system is a framework to encourage peaceful co-existence and discourage conflict, and the concept of law is central to the idea of a democracy. There is a strong link between a well-functioning legal system and the rule of law, which means that all members of a community are treated equally under publicly disclosed laws, regardless of their wealth or social class. This concept is important in the development of post-conflict and developing countries. The International Network to Promote the Rule of Law (INPROL) is a body which focuses on law issues in these countries from a policy, practice and research perspective. They include academics, lawyers and NGOs. They work to improve law-making and legal capacity, and promote the rule of law as a catalyst for sustainable peace.