What is Law?

Law is a set of rules that forms a framework to ensure a peaceful society. It is enforced by mechanisms created and sanctioned by the state, as well as laws that are imposed on private individuals through civil procedures such as lawsuits and arbitration agreements. Law shapes politics, economics and history as well as the social relations of people in a variety of ways. It also functions as a mediator of relations between people and the state.

Legal systems differ widely around the world. In common law countries such as the United Kingdom and United States there is a mix of old and new elements in the law. The core is a constitutional system of government, with the principles outlined in the constitution governing all the functions of the government, including how the law is made and applied.

In a common law jurisdiction there are several stages of research and analysis to determine “what the law is”. One first needs to ascertain what the facts of a particular case are, then locate any relevant statutes and cases. Analogies, statements and conclusions in those cases are examined and compared with the facts of the current case to determine how that court is likely to rule. Decisions by higher courts carry more weight than those of lower courts.

The guiding principle of the law is fairness. This includes fairness for all citizens regardless of their social class or wealth, as well as the protection of basic human, procedural and property rights.