What Is Law?
Law is a system of rules that governs conduct and behaviour within a society. It applies to everyone equally and is enforced by a central authority, typically through punishments for those who transgress. It also includes a body of principles that enables people to understand the rules they must follow and make decisions about them. These include the fundamental principles of due process and fairness. Law is a crucial part of human society. It protects against the chaos of Hobbesian war of all against all and enables people to live with reasonable security that they will not be treated unfairly or arbitrarily by authorities.
A law can be a statute, regulation or contract. It can also refer to an area of the law, such as all of the laws in a state or country. Law can also refer to a profession involving legal work, such as lawyering or jurisprudence. Law is a vast and diverse field, encompassing areas of public and private life and the social sciences.
Some theories about the nature of law focus on its purpose and justification. For example, Jeremy Bentham’s utilitarian theory was that “law is commandments, backed by threat of sanctions, from a sovereign to whom people have a habit of obedience”. John Austin’s more neo-Platonic approach to the law defined it as “a rule formulated for the good of society”. Other theories, such as Jean-Jacques Rousseau’s natural law, are more concerned with the moral implications of laws.
Similarly, some scholars argue that laws often seem to reflect a moral stance rather than merely reflecting technical considerations. For example, the prohibition against insider trading might be seen as reflecting a moral stance against dishonesty and fairness. Others suggest that the concept of law is not limited to written statutes but could include customary practices and the general sense of what is right or wrong.
The rule of law is the principle that laws should be clear and accessible to all, and they should not be applied arbitrarily or favour some groups over others. It also requires that people should have the opportunity to challenge the legality of laws and have their case heard in court.
In addition, the law should provide for the redress of grievances, a free press, and checks on government power. This is a key component of democracy and political stability.
Clinics allow students to apply the skills they learn in the classroom, such as research and interviewing, to real-world scenarios that they will encounter as lawyers. The practicality of this training is critical to the success of students in law school and to their eventual career as lawyers. This is why the Clinic is a cornerstone of our program. It is the only program of its kind in Canada that offers students the opportunity to practice what they learn. Having the experience of the Clinic gives students the confidence they need to be successful in their career and to become leaders in the legal community.