What is Law?

            The law is a pervasive aspect of modern society. It comes into play in many of the activities that we engage in every day

            The law serves a variety of functions. It maintains a system of social control while facilitating social life. It protects the public order by punishing those who deviate from accepted norms. It also exists as a way to resolve disputes that arise between individual members of society. On a societal level, the law protects the status quo while allowing for change to take place in an orderly manner.

            There are three major philosophical perspectives on what constitutes law. The natural law school stresses the moral and absolute basis of law. Only those laws that conform to natural law, i.e., absolute moral values, are viewed by this school as valid. Laws that conflict with higher ethics are not laws at all.

            Positivists believe that a law is valid if it was properly issued. According to the positivists, a law is a command issued by a person who has the power to enforce it. Unlike adherents to natural law, positivists are unconcerned with the moral or ethical validity or acceptability of a law. If it was validly issued, it is law and must be followed.

            Legal realists look to the participants in the legal system-judges, lawyers, and juries-as the determinants of the law. Legal realists believe that law is the product of human beings who are themselves the product of and influenced by social and economic circumstances.

            Most of the world's legal systems are based upon either civil law, which is made up of codes, or common law, which is made up of judicial decisions. Religion, which also includes various laws, has had varying degrees of influence upon the legal systems of certain countries.

            Our legal system, which is based on common law, can be divided into two branches: procedural and substantive law. Procedural law spells out the mechanisms for resolving disputes and the steps that must be followed to enforce a certain law or bring a lawsuit. Substantive law embodies the actual rights, obligations, and limitations upon human action that have been accepted by a society. Substantive law is found in the Constitution, statutes, and cases. Procedural law is generally found in statutes, regulations, and court rules.

            Law can also be broken down into public and private law. Public law addresses issues and incidents that are of interest to society as a whole. Private law is concerned only with disputes that arise between private parties.

            There are many sources of law: the federal and state constitutions, legislative enactments, judicial decisions, and executive orders. Statutes are contained in federal and state codes, while cases are printed in reporters covering the Supreme  Court and the courts of each state or region.