Law is a set of rules established by the state which form the framework to ensure a peaceful society. It creates a balance between people’s rights and the state’s power. If the law is broken, it can be enforced by mechanisms created and set up by the state and sanctions can be imposed. In addition, the law can act as a guide to make sure that people follow core human and procedural rights.
The precise nature of law is not universally agreed upon and differs between legal systems. Hans Kelsen formulated the ‘pure theory of law’, which states that the law does not seek to describe what must occur, but rather defines certain rules to abide by. Friedrich Karl von Savigny, meanwhile, believed that law is something that evolves through the collective consciousness of society and thus should be shaped by it. Other philosophers and theologians, meanwhile, have taken a more natural approach to the concept of law.
Law can be created by a group legislature, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent in common law jurisdictions. In some cases, laws are privately created by individuals through legally binding contracts, a process known as contract law. In many societies, the law is codified in a written constitution. In other instances, it is based on customs or traditions that are not explicitly written down and can only be interpreted by courts through the processes of Qiyas (reasoning by analogy), Ijma (consensus) and qistin (rule-of-law).
Its goal is to protect people’s health, safety and well-being, as well as their property, liberty and privacy. Law also serves to prevent corruption and establishes the principle of equality before the law. It is important for a country to have a well-defined and well-enforced law, so that it can ensure the peace and stability of its citizens.
In addition, the laws can help to resolve disputes that might arise between people. For example, if two people claim the same piece of land, the law can provide a solution rather than a conflict. This is why the law is so vital to our modern society.
Another purpose of the law is to ensure that everyone is treated fairly and no one can be discriminated against on the basis of their race, gender or sexual orientation. In addition, the law helps to ensure that everyone has access to justice and that there are checks and balances on government power. This includes ensuring that the law is publicly promulgated, equally enforced and independently adjudicated. It also requires measures to guarantee adherence to international human rights norms and standards, including supremacy of the law, equality before the law, accountability to the law, separation of powers, participation in decision-making, legal certainty and avoidance of arbitrariness. It also includes the guarantee of free and independent media.