Law is a system of rules that governs the relationships between people and the social, economic and political systems of their country or region. It is the aggregate set of rules that a government establishes to govern its citizens, as well as the individual acts and policies enacted by legislative, executive and judicial branches.
In a law classroom, students learn to analyse cases and legal decisions, and develop critical thinking skills. They learn to question why a decision was made and how it might be applied to other situations in the future. They study the history of how law has evolved over time, including the development of the parliamentary model of democracy. They also explore different ways that a judge might interpret a statute or case law to make an informed decision.
Many definitions of law have been formulated, with the precise nature of law being a subject of debate. The most common views of law range from the natural to the social and from the historical to the anthropological. Natural law theory is a school of thought that argues that laws are created by society and based on human rationality, fairness and justice. It argues that the law explains what is required to be a good citizen and protects against anarchy or the Hobbesian war of all against all.
Societal views of law are more complex. They take into account a person’s relationship to the state, their social and cultural background and their beliefs on what is right and just. These societal viewpoints are reflected in laws that regulate a wide variety of activities and responsibilities in a modern economy. They include contracts, property, labour, tort and civil rights.
Among these laws, there are constitutional, statutory and regulatory law. Constitutional law is the fundamental law that defines how a government is organised, and sets out the powers and relationships of various branches of government. Statutory law is the written body of laws established by a legislature, and includes statutes, codes and ordinances. Regulatory or administrative law is rules and regulations, generally developed by the executive branch, to enforce statutes.
One of the most important aspects of a functioning rule of law is its capacity to protect against anarchy or the Hobbesian ‘war of all against all’, and thereby promote peace, prosperity and stability. This requires that laws be reasonably stable, so that people can plan their affairs with confidence in the legal consequences of their actions.
In this regard, the aphorism by James Madison that “a government of laws is better than a government of men” is particularly pertinent. The US constitution was framed to limit the potential for abuse of power by separating legislative, executive and judicial power in an attempt to minimise this problem. However, as history has shown, this is a difficult task to achieve. Revolutions still occur, and there is a constant aspiration for greater rights for citizens. Moreover, even in the most stable democracies, some types of official arbitrariness still exist.