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The Study of Law

Law

Law is a set of rules created by social or governmental institutions to regulate behavior and which are enforced by their agents. Unlike normative statements in empirical science (such as the law of gravity) or in social sciences or even in the humanities, laws are both descriptive and prescriptive, describing how people ought to behave and also prescribing what they may or must not do. Because of this peculiarity, the study of law is distinct from the study of other subjects.

Legal studies is the discipline that deals with the principles and practices of a legal system. The word law is also used informally to refer to a specific legal rule or principle: for example, “the law of torts” means the rule that compensates victims for damage caused by someone else’s negligence. Other types of law include administrative law, bankruptcy, aviation law, business law, carriage of goods, contract law, criminal law, employment law, property law, maritime law, medical law and tax law.

The main purposes of law are to establish standards, maintain order, resolve disputes and protect liberties and rights. Its content consists of two elements: substantive law and procedural law. Substantive law defines the principles of justice and fairness, while procedural law lays down the rules for deciding cases and enforcing the law.

A major feature of a legal system is its ability to change and adapt to new social conditions. This adaptation is facilitated by the flexibility of law and the fact that, in most societies, laws are not written in stone. Laws are usually amended by legislative acts. However, the fundamental principles of the law remain unchanged.

Another important feature of a legal system is its effectiveness, which depends on the efficiency and impartiality of its enforcement and the quality of its interpreters. It is important that laws be formulated in a clear and unambiguous manner, and that they be accessible to the public.

Lawyers are often called upon to interpret and apply the law, and there is a lively debate over whether judges should be independent from politics (the so-called separation of church and state). The judicial process must always be free from biases, and judges must be able to use their own sense of right and wrong to decide cases.

A judge’s decisions are binding on all members of the community, and they must be based on sound reasoning. However, the logical and scientific approach to law is sometimes challenged by the need to develop a moral philosophy that will guide judges in their decisions. This challenge is the essence of legal philosophy.

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