Law is a term that encompasses many things, but its most basic meaning is a set of rules established by a sovereign that must be obeyed. These rules are often enforced with punishments, such as fines or imprisonment. Alternatively, the law can refer to a set of rules that governs a specific area or activity, such as contract or property law. The law can also be applied to specific types of behaviors or actions, such as morality or criminal justice.
The term law may also be used to describe the legal profession, which consists of attorneys and paralegals who work in the field of law. Lastly, the word law can refer to a legal concept or principle, such as the Rule of Law. The Rule of Law is a principle that states that people (including government officials) are subject to laws that are publicly disclosed, equally enforced and independently adjudicated. This principle requires checks and balances on the power of the government, such as a free press, and it ensures that no one is above the law.
In the context of government, the law usually consists of written constitutions and statutes. These are often supplemented by customary law, which is developed through practices that have been accepted as legally valid for a long time. Whether or not the customary law is written can make it hard to determine exactly what is law and what is not.
Some philosophers have suggested that the definition of law is too narrow. For example, they point out that the prohibition against insider trading might be considered a law because it promotes fairness and a moral position against cruelty, as well as preventing financial harm to others. In addition, they argue that some behaviors cannot be regulated by law because they are inherently illegal, such as the murder of innocents.
Other philosophers have argued that the law should include principles that are more than mere coercion. For instance, they might suggest that the Rule of Law includes a requirement that people be able to understand the law and that it is reasonably stable, so that they can plan their affairs over time with confidence. The Rule of Law protects against anarchy and the Hobbesian war of all against all, and it requires that people have a clear sense of what the legal consequences will be for different kinds of behavior.
The rule of law is a fundamental element in any state that claims to be democratic and civilized. It requires a constitutionally established, impartial judiciary; the presumption of innocence; a clear separation between law enforcement and political processes; core human, procedural, and property rights; a strong, independent legal profession; and adherence to international human rights norms and standards. The rule of law is the foundation of any modern state, and its absence is the hallmark of autocracies and dictatorships around the world. The United Nations and the International Bar Association have set forth a number of principles for the rule of law.