A law is a body of rules and standards enforced by a government or authority to keep order, resolve disputes, and protect rights and liberties. It is also a term commonly used to refer to the legal profession, which encompasses lawyers and jurists. The precise definition of “law” varies according to the context. In some cases, the term may be used to describe social rules that regulate behavior or a body of laws that defines a particular area of knowledge such as biology or mathematics. However, the concept of law is most frequently used to describe a set of rules established and enforced by a sovereign, or a system of laws that defines the rules of a particular country.
The word itself is believed to be derived from the Old Norse lag, meaning “laying order” or “fixing tune.” In ancient societies, law was used to keep members of a society in line and on a specific way of life that promote peace or discourage violence. In modern times, the use of the term has expanded to include a broad spectrum of societal regulations, from a simple rule such as “Eat five fruits and vegetables a day” to more complex legal frameworks such as those that regulate the activities of corporations.
In most cases, the laws governing a society are created by the sovereign, and they are usually written and enforceable through the institution of the courts. The concept of law is constantly reshaped and redefined, as new issues emerge. For example, Max Weber reshaped thinking about how the extension of state power affects the role and nature of law; in his view, laws are no longer simply tools to control individuals, but also instruments that shape the relations between people and their environments.
Some philosophers have a narrow view of what is meant by the term law, arguing that it is nothing more than power backed by threats. Consequently, they believe that regardless of whether a rule is good or bad, it will be followed as long as the sovereign is willing to wield the threat of force. This interpretation of the law is often referred to as legal positivism.
On the other hand, legal realists believe that it is not so much a matter of what the law actually says as to who enforces it. For this reason, they often include extra considerations such as economic and social factors in the legal debate, and argue that they should be given weight over strict adherence to a written law.
Those who are not legal realists tend to argue that the morality of a law should be considered, as some laws might reflect a moral stance such as those against insider trading or due process (fundamental fairness and decency in government actions). In addition, they point out that even if a law is strictly written, it might also have an implied meaning that is not captured in the text. For example, a law might be considered unfair by many people but be upheld by the courts.
