Law is a system of civil codes, laws, and regulations designed and enforced by governmental or social institutions to control behavior in society. In its most common sense, it is an ordered system which governs conduct, with its exact definition having been a matter of long-standing debate. In more technical terms, it is known as the discipline of law and science. It is used to describe a body of knowledge that permits people to distinguish wrong from right, obligation from opportunity, and the authority of government against arbitrary action or force.
The discipline of law is found throughout all of human societies, although there are many disagreements regarding its exact nature and scope. For the purposes of this article, it will be assumed that the scope of the study of law is confined to the social sciences, specifically psychology, sociology, and human rights theory. Within a social scientific theory of law, there will be a focus on what types of laws would be needed for a given society, as well as the degree to which these laws would need to promote social justice and equality.
It is not uncommon to find a long description of law as being both a science and an art, as it is necessary to use laws to tell the story of how the world works and also to ensure that those who are part of the legal system follow them. One of the most important pieces of this long description of law is that the law is created by societies. There are two distinct types of law: civil and criminal law. Civil laws attempt to establish rights within a community and to protect those rights; while criminal laws deal with the state, its officials, and private individuals.
Within the context of this study of law, the legal system is considered a controlling authority. It establishes the rules of conduct that any individual must follow in order to participate effectively in society. This system also provides a mechanism through which any member of the society can hold others accountable if they fail to observe the societal rules. The controls that any society has over its members are what are known as the justice system, which ensures that all citizens are treated equally under the law and that justice is promoted.
When it comes to analyzing the differences between civil and criminal law, there are two major theories that are considered useful in this context. According to the first theory, known as the law of comparative negligence, there is no controlling authority in civil law, so laws cannot be passed against the conduct of another. The second, called the law of consent, states that civil law is actually an attempt to control the conduct of other individuals through their decisions. If a person agrees to be involved in a particular act, such as buying or selling a product, the law then requires that he or she actually consents to the contract before engaging in it.
Both theories, as previously mentioned, have major differences, as they both examine the relationship between justice and society. Within the United States, the theory of justice is primarily derived from the traditional American view of democracy. Because people are believed to have an equal right to justice, any one who does not receive a fair deal when it comes to being treated fairly can bring about change by using the law as a means to achieve just compensation. Civil rights help protect these rights, as well as the rights of minorities. It is important for everyone to take a good look at the various theories when debating issues regarding justice and society today.
