Law

Lore & Background

Law has been defined in multiple ways: H. L. A. Hart described it as a 'system of rules'; John Austin as 'the command of a sovereign, backed by the threat of a sanction'; Ronald Dworkin as an 'interpretive concept' to achieve justice; and Joseph Raz as an 'authority' to mediate people's interests. Thomas Aquinas argued law is a rational ordering of things concerning the common good, promulgated by whoever is charged with the care of the community. The philosophy of law, known as jurisprudence, is divided into normative jurisprudence ('what should law be?') and analytic jurisprudence ('what is law?').

Reader's Guide

Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis, and sociology, and raises important issues concerning equality, fairness, and justice. Legal systems vary between jurisdictions: in civil law jurisdictions, a legislature or central body codifies and consolidates the law; in common law systems, judges may make binding case law through precedent. Religious law is used in some communities and states and has historically influenced secular law. The scope of law is divided into public law (constitutional, administrative, criminal) and private law (contracts, property, torts, delicts, commercial law). The distinction is stronger in civil law countries, particularly those with separate administrative courts, while it is less pronounced in common law jurisdictions.

Did You Know?

• The word 'law' comes from the Old Norse word lǫg, whose singular form lag meant 'something laid or fixed'.
• The ancient Sumerian ruler Ur-Nammu formulated the first law code, consisting of casuistic statements ('if … then ...').