Law is a set of rules created by the state that form a framework to ensure a peaceful society. These rules are enforced by the state and if they are broken sanctions can be imposed. It is a complex subject, and many books containing various ideas about the concept of law have been written. There is not one clear definition of law, but some common themes that are often discussed are:
Laws are a system of rules made by an authority and enforceable by coercion. They cover a wide range of topics, from criminal laws and tax law to civil rights and environmental protection. In most countries, laws are based on a mix of legislative statutes, executive regulations and case law. Legislative statutes typically describe broad principles, while regulations usually define specific details for particular situations. Case law, or case precedent, binds future courts through the “doctrine of stare decisis”.
The legal system consists of a body of laws at both the national and local levels, as well as legal institutions and professional organizations. It is the legal foundation for the democratic system of government and provides citizens with a means to hold their government accountable for its actions.
Throughout history, scholars have shaped and refined the concepts of law. The earliest writers on the topic focused primarily on the concept of rights and freedoms. More recently, scholars have focused on the concept of justice, particularly in the form of due process and impartiality. There is also a growing interest in the social and cultural dimensions of the concept of law. Max Weber, for example, reshaped thinking on the nature of law by arguing that it is a normative science that conforms to popular consciousness.
Some philosophers have criticized the concept of law, arguing that it is nothing more than power backed by threats. Others, however, argue that while it is true that law does involve coercion, this is a necessary part of the process of creating and maintaining a democratic society. The people elect their government officials, and are able to vote them out if they do not perform effectively or are seen to be corrupt.
In the United States, law is a complex system of rules at both the federal and state level, as well as in a host of private and voluntary organizations. The United States Constitution sets out the boundaries of federal law, which consists of statutes enacted by Congress, treaties ratified by the Senate, regulations promulgated by the executive branch and case law interpreted by the federal judiciary. In some areas, such as aviation and railroads, federal law preempts all state law; in other areas, such as family law, a small number of federal statutes coexist with a larger body of state laws. In addition, there are a number of special purpose legal systems that have their own unique rules and regulations.