The Purpose of Law
Law is a system of rules that a society or community recognizes as regulating its members’ actions. It can be enforced by governmental institutions such as police, military and courts; or private entities including corporations and individuals who create legally binding contracts. The precise nature of law is a subject of debate. For example, some philosophers have argued that it is a social construct derived through evolution and tradition, while others, such as utilitarian philosopher Jeremy Bentham, have emphasized its practical and pragmatic benefits.
The main purposes of law are to establish standards, maintain order, resolve disputes and protect people’s liberties and rights. A society with effective laws will be safe and peaceful. However, even in societies with the best of intentions, disagreements can arise. The law provides a way to resolve these disputes by imposing consequences, such as fines or imprisonment, on those who break the law.
While some legal systems may oppress minorities or political opponents, laws can also help to ensure that social change happens at a reasonable pace and that the needs of all citizens are taken into account. For example, property law can protect the interests of home owners while enabling businesses to expand.
In addition to establishing standards and maintaining order, the law can also serve as a mediator in disputes between different parties. For example, if two people claim the same piece of land, the courts can decide who owns it. The law can also help to settle other disputes, such as family disputes or employment issues.
Laws can be made by a group legislature, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent in common law jurisdictions. Private individuals can also create legal instruments, such as arbitration agreements, that adopt alternative ways of resolving disputes to standard court litigation.
The study of law is a broad and diverse discipline, covering a wide range of topics. Some of these include criminal law, which deals with the punishment of crimes; civil law, which governs contractual and commercial relationships; constitutional law, which examines the principles that govern a country’s government; and public law, which encompasses the entire range of law including international law, environmental laws and labour law.
Many people who work in the legal field have specialist qualifications. The highest level of qualification is a Doctor of Law degree, awarded to those who have completed a university law course with high marks. In addition, there are numerous professional associations that offer qualifications for those who wish to work in specific areas of law. The most famous of these is the Law Society of England and Wales, which has set high professional standards for its members. It offers a range of professional development courses for lawyers, as well as setting ethical standards that must be met by those who work in the legal profession. Other countries have similar bodies. Some have also developed national qualifications for lawyers, and these are often based on the English system.