The Purpose of Law

Law is a set of rules created and enforced by social or governmental institutions to regulate behavior. Its precise definition is a matter of longstanding debate. It has been variously described as a science and as the art of justice.

Law shapes politics, economics, history and society in a variety of ways. It also functions as a mediator of relations between people. In some sense, law is a system of standards by which people agree to live together in peace. It sets limits on what a person can or cannot do, and it establishes the consequences of violating those rules.

The basic purpose of law is to protect people’s rights and liberties, but it also serves other purposes. For example, law can encourage economic development by regulating markets and establishing tax structures. It can also discourage violence by establishing criminal penalties for crimes and by providing a framework for resolving disputes. Law can be used as a means of achieving other political goals, such as democracy or economic prosperity.

A scholarly movement known as legal positivism describes the law in a straightforward, utilitarian manner: The primary purpose of the law is to serve the interests of the state and its citizens. Its primary tool is reason.

However, some critics of legal positivism have argued that the law is not merely a system of objective, rational rules. Some laws seem to reflect a moral stance, such as the prohibition against insider trading (using nonpublic information to buy or sell stock) and due process (fundamental fairness and decency in government actions). Others concern ethical considerations, such as privacy, freedom of speech and the rights of minorities.

Whether morals are part of the law or not, most legal scholars agree that a fundamental principle of law is the separation of powers between the executive branch, legislative branch and judiciary. This provides checks and balances to prevent any individual from becoming too powerful, thereby undermining the rule of law.

Law is a vital component of any society, and it is important to understand how it operates. A good starting point is to consider the four principal roles of law: establishing standards, maintaining order, resolving disputes and protecting rights and liberties. Then ask: Is my nation’s law achieving these roles? And if not, what can be done to improve it?