Laws

Introduction

Law is a system of rules created and enforced by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and the art of justice. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, usually in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.

Legal Systems

Legal systems vary between countries, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Historically, religious laws played a significant role even in settling of secular matters, which is still the case in some religious communities, particularly Jewish, and some countries, particularly Islamic.

Civil Law

Civil law jurisdictions treat law as a core principle, which derives from the legislature's will. Civil law, as a system, is derived from the Roman law system, with its core principles codified into a referable system, which serves as the primary source of law. This can be contrasted with common law systems, the intellectual framework of which comes from judge-made decisional law, and gives precedential authority to prior court decisions, on the principle that it is unfair to treat similar facts differently on different occasions.

Common Law and Equity

Common law, derived from English law, is the system of law that is based on precedent and custom. When an issue is before a court, the court looks to previous cases with similar issues. On the basis of these previous cases, the court determines the rule of law that applies to the issue. The court then applies this rule of law to the facts and renders a decision. This decision then becomes precedent for future cases with similar issues.

Equity is a body of rules that developed in England separately from the "common law". The common law was administered by judges; equity was administered by the Lord Chancellor. The Lord Chancellor had the unique power to decide cases based on what he considered to be 'right and good', which meant that he could provide flexible remedies.

Criminal Law

Criminal law involves the state imposing sanctions for defined crimes committed by individuals or businesses, so that society can achieve its brand of justice and a peaceable social order. This differs from civil law in that civil actions are disputes between two parties that are not of significant public concern.

Constitutional and Administrative Law

Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. Not all nations have a codified constitution, though all of them have a de facto constitution.

Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda.

International Law

International law can refer to three things: public international law, private international law or conflict of laws and the law of supranational organisations.

Legal Theory

Legal theory, or jurisprudence, is the theoretical study of law. Scholars of jurisprudence, also known as jurists or legal theorists, hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions.