The law is a set of precepts and guidelines that are geared to control human behaviour and keep societal order. It is multifaceted and encompasses a wide range of legal fields, such as contract; criminal, civil or administrative law; family; labour; property; tax and constitutional law. In addition, there is also an area of law called natural law.
The idea of the law varies widely between people and cultures, and many books contain different ideas and definitions of it. The most common idea of the law is that it is a system of rules created by a sovereign and enforced by that sovereign. This concept is well-accepted and broadly shared, although there are a number of differences in views about how the law should be interpreted and enforced.
For example, Jeremy Bentham’s utilitarian theories assert that the law is a collection of commands, backed by threat of sanctions, from a sovereign, to which people have a habit of obeying. The philosopher Jean-Jacques Rousseau, on the other hand, argued that law reflects essentially moral and unchangeable laws of nature.
The social scientist Hans Kelsen’s pure theory of law asserts that the innate values and needs of a people provide the basis for the law. This concept, often referred to as legal positivism, has some support, but critics point out that it fails to account for the fact that many laws seem to reflect a moral stance. For example, a ban on insider trading seems to reflect the principle of fairness and a moral position against cruelty.