The Study of Law


Law is a set of rules that governs the behaviour of individuals and groups within a society. It is a vital part of any democratic society, as it enables the state to ensure peace and stability by preventing or punishing disorderly behaviour. It also enables citizens to interact with the government and access public resources. A key function of law is to ensure that power is transferred in a way that avoids violence and provides checks and balances on the exercise of power.

The nature of law varies between nations, as it is determined by the political landscape. A country’s laws reflect the historical development of its political system and culture, and their content reflects a variety of influences including religion, economic factors, social theories and the intuitions of judges, avowed or unconscious. These factors are much more important than pure logic in determining the rules by which a society should be governed, and they have had a significant impact on legal theory, including the philosophy of John Austin’s utilitarian ideas. Other philosophers, such as Jean-Jacques Rousseau, have argued that there are unchanging moral and natural laws that must be obeyed, and the study of law should consider both perspectives.

Most countries use a combination of different systems, and they are influenced by the history and culture of their nation-state, as well as neighbouring countries. Consequently, the study of law is a complex discipline. Laws are enacted by parliaments, legislatures and executive bodies in the form of statutes, decrees, treaties and regulations. They are enforced by courts in the form of judicial decisions, and they can be interpreted and reinterpreted according to the historical, cultural and political contexts in which they are made.

Some parts of law are very specific, such as property and intellectual property laws. Property law includes the ownership of land and the things attached to it, such as buildings, whereas intellectual property laws cover trademarks, patents and copyrights. Other areas of law are more general, such as criminal and civil procedures and evidence laws, which dictate the rules that must be followed as a trial or appeal proceeds. The study of law also covers family, labour and biolaw laws, which are all concerned with the human experience.

Other important laws include administrative law, which encompasses a wide range of regulatory functions, such as zoning and planning. Administrative law is the foundation of many other types of law, such as taxation and employment law. Labor law includes both collective and individual employment rights, and deals with issues such as minimum wage, health and safety and unionisation. Biolaw studies the intersection of law and the life sciences, while civil rights and criminal law are laws that protect citizens against oppressive practices by the state or others. In addition, tort law is the area of law that compensates people who have been harmed, whether through an automobile accident or defamation. Finally, immigration and nationality law are laws that concern the rights of individuals to live or work in a nation-state other than their own.