The law is a set of rules that form the framework for maintaining order, resolving disputes and protecting freedoms and rights. People have long debated the nature of the law and different theories have emerged, but many scholars would agree that the fundamental purpose of the law is to provide a structure for a well-run society that can be trusted by its citizens. The law consists of written and unwritten rules, and it applies to all members of society. If a person violates the law, they can be punished. Laws can also serve many other purposes such as regulating economic activity or providing safety standards for products or services.
The legal system varies around the world and reflects a range of cultural influences. Some countries use common law, while others have distinct legislative and judicial systems. Common laws are the result of centuries of accumulated jurisprudence, and include statutes (laws passed by legislatures), regulations (issued by regulatory agencies) and court decisions (rulings made in a particular case that have broader legal weight due to a principle known as “stare decisis”).
Historically, federal law focused on areas where there was an express grant of power such as military affairs, foreign relations, money, mail and intellectual property such as patents and copyrights. More recently, broad interpretations of the Commerce and Spending Clauses of the US Constitution have enabled federal law to expand into areas such as aviation, telecommunications, railroads, pharmaceuticals, antitrust and patent law. In the United States, the law is further shaped by the culture of legal education and the tradition of scholarly writing about the law. Academic law journals are widely read and often influential, and membership or editorial positions in them is a mark of distinction for lawyers and judges.
Some critics have argued that the understanding of law as nothing more than power backed by threat leaves citizens at the mercy of those in power. This view of the law ignores other important aspects of the law, such as the moral stances that might be implied or embedded in certain laws. For example, the prohibition against insider trading might be seen as a recognition of the importance of fairness to all investors, which is a moral consideration.
Other important concepts associated with law are civil society, a term that refers to the social institutions, communities and partnerships that form law’s political basis, and the rule of law, which implies that laws must be relatively stable, comprise determinate requirements that people can consult, and be equally accessible to all members of the public. Laws are also influenced by the philosophy of natural law, which asserts that there are some principles that are universally true and that should be included in all legislation. For more on these issues, see legal theory and the legal profession.