The Importance of Law

Law is a set of rules created by the state which form a framework to ensure a peaceful society. When those rules are broken, mechanisms are in place to enforce them and sanctions can be imposed. Law can also be used to describe a strong rule or guideline that is followed instinctively or spontaneously, such as the law of self-preservation.

The law can be broken down into four principal areas, establishing standards, maintaining order, resolving disputes and protecting liberties and rights. Examples of the law include labour law, property law and criminal law. Labour law relates to the tripartite industrial relationship between worker, employer and trade union; property law refers to the rights of individual ownership of land and other possessions; and criminal law defines and punishes offences against the public or specific people.

Legal systems vary across countries. The United States uses a common law system where laws are based on the decisions made by judges in cases. Other countries use a civil law system which relies on explicit codes that judges must follow when making decisions. The law is also shaped by the constitution and the principles encoded within it, whether written or tacit, which can act as a guide for how the law should be interpreted.

The law also influences political and economics through the way it can shape the relationships between different groups of people. Banking and financial laws, for example, set minimum standards of capital a bank must hold, or rules about best practice for investment to prevent economic crises. Environmental laws protect the world’s natural resources by regulating activities such as waste disposal and limiting air pollution.

Even in a well-ordered society, conflicts between individuals arise. The law provides a way to resolve these disputes peacefully, for instance when two people claim the same piece of property, the law can decide who owns it. The law can also provide protection from arbitrary actions by the state, for example, by guaranteeing a citizen a fair trial or hearing when challenging government decisions.

For the law to be effective, it must be accessible, understandable and stable. It must also provide checks on power, such as a free and independent press, to prevent abuse of authority. This is known as the ‘rule of law’ and is an important element in a democratic society. The law should also be fair and impartial for all members of society, regardless of their social status or wealth, to make it easier for them to plan their lives over time. A stable law should also ensure that people can predict the legal consequences of their actions. This will guard against anarchy or the Hobbesian war of all against all, and it may require that certain groups be exempt from the law, for instance children or minors. This is sometimes referred to as the ‘no equivalence’ principle. See also censorship, criminal law and police.