Law is a system of rules and standards created to regulate behavior in order to ensure a safe and peaceful society. Its precise definition is the subject of much debate, and different views have emerged. In its most straightforward form, it refers to a set of rules that are enforced by government institutions, resulting in sanctions for those who do not obey them. Government-enforced laws can be made by a legislature, resulting in statutes; created by executive decrees and regulations; or established by judges through precedent, which is the case in common law jurisdictions. Private individuals may also create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation.
Law has many functions, four of which are establishing standards, maintaining order, resolving disputes, and protecting liberties and rights. The purpose of a legal system is to balance these conflicting interests, which can be difficult because the nature of human conflict makes it very hard to create a perfect, or even close to perfect, set of laws.
Most systems of law, including common law, rely on the judicial branch to resolve disputes. Judges are tasked with using their knowledge of the law and their experience to make a fair decision for all parties involved. They are not supposed to impose their personal beliefs or values on the parties before them, although it is not uncommon for a judge to use their moral and ethical judgement when deciding cases.
The laws that govern a nation are often complex and can vary widely from country to country, reflecting the differences in culture, history, politics, economics, and religion of the people in the area. Some of these laws are based on religious precepts, such as the Jewish Halakha and Islamic Sharia, while others are derived from further human elaboration, such as Qiyas (reasoning by analogy), Ijma (consensus), and precedent.
The practice of law is regulated by the government or independent governing bodies, with lawyers becoming a recognised profession through specified procedures such as successfully passing a qualifying exam and being admitted to the bar. Lawyers have an important role to play in ensuring that the laws are applied evenly and fairly, and they must be competent and ethical in order to serve their clients’ best interests. They must comply with all applicable laws, including criminal, civil and administrative law, and also the rules of procedure in a court of law. Lawyers are sometimes known as prosecutors or defence counsel, depending on whether they are representing the plaintiff or the defendant in a lawsuit. Appeals are also an important part of the legal process, and parties can appeal against a judgment or a ruling by a lower court. This is called “going to court”. It can be for a number of reasons, such as improper procedure or an error in the interpretation of the law. The party making the request is called an appellant. An appellate court will then review the matter and determine if the trial judge acted properly.