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Law is commonly understood as a system of rules that are created and enforced through social or governmental institutions to regulate conduct,[2] although its precise definition is a matter of longstanding debate.[3][4][5] It has been variously described as a science[6][7] and the art of justice.[8][9][10] State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Legal systems vary between countries, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges make binding case law through precedent,[11] although on occasion case law may be overturned by a higher court or the legislature.[12] Historically, religious law influenced secular matters,[13] and is still used in some religious communities.[14][15] Sharia law based on Islamic principles is used as the primary legal system in several countries, including Iran and Saudi Arabia.

Law's scope can be divided into two domains. Public law concerns government and society, including constitutional law, administrative law, and criminal law. Private law deals with legal disputes between individuals and/or organisations in areas such as contracts, property, torts/delicts and commercial law.[18] This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts;[19][20] by contrast, the public-private law divide is less pronounced in common law jurisdictions.[21][22] Law provides a source of scholarly inquiry into legal history,[23] philosophy,[24] economic analysis[25] and sociology.[26] Law also raises important and complex issues concerning equality, fairness, and justice.[27][28] Contents 1 Philosophy of law 1.1 What is the law? 2 History 3 Legal systems 3.1 Civil law 3.1.1 Socialist law 3.2 Common law and equity 3.3 Religious law 3.3.1 Canon law 3.3.2 Sharia law 4 Legal methods 5 Legal institutions 5.1 Judiciary 5.2 Legislature 5.3 Executive 5.4 Military and police 5.5 Bureaucracy 5.6 Legal profession 5.7 Civil society 6 Areas of law 6.1 International law 6.2 Constitutional and administrative law 6.3 Criminal law 6.4 Contract law 6.5 Torts and delicts 6.6 Property law 6.7 Equity and trusts 6.8 Further disciplines 7 Intersection with other fields 7.1 Economics 7.2 Sociology 8 See also 9 References 9.1 Citations 9.2 Sources 10 External links Philosophy of law Main articles: Philosophy of law and Jurisprudence But what, after all, is a law? [...] When I say that the object of laws is always general, I mean that law considers subjects en masse and actions in the abstract, and never a particular person or action. [...] On this view, we at once see that it can no longer be asked whose business it is to make laws, since they are acts of the general will; nor whether the prince is above the law, since he is a member of the State; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are but registers of our wills. Jean-Jacques Rousseau, The Social Contract, II, 6.[29] The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?", while analytic jurisprudence asks "what is law?" John Austin's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience".[30] Natural lawyers on the other side, such as Jean-Jacques Rousseau, argue that law reflects essentially moral and unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in connection with the notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas, notably his Treatise on Law. Hugo Grotius, the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason.[31] Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature".[32] Jeremy Bentham and his student Austin, following David Hume, believed that this conflated the "is" and what "ought to be" problem. Bentham and Austin argued for law's positivism; that real law is entirely separate from "morality".[33] Kant was also criticised by Friedrich Nietzsche, who rejected the principle of equality, and believed that law emanates from the will to power, and cannot be labeled as "moral" or "immoral".[34][35][36] In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law.[37] Kelsen believed that although law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. While laws are positive "is" statements (e.g. the fine for reversing on a highway is €500); law tells us what we "should" do. Thus, each legal system can be hypothesised to have a basic norm (Grundnorm) instructing us to obey. Kelsen's major opponent, Carl Schmitt, rejected both positivism and the idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions.[38] Therefore, Schmitt advocated a jurisprudence of the exception (state of emergency), which denied that legal norms could encompass all of the political experience.[39] Bentham's utilitarian theories remained dominant in law until the 20th century. Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fictions in The Concept of Law.[40] Hart argued law is a system of rules, divided into primary (rules of conduct) and secondary ones (rules addressed to officials to administer primary rules). Secondary rules are further divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students continued the debate: In his book Law's Empire, Ronald Dworkin attacked Hart and the positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an "interpretive concept",[41] that requires judges to find the best fitting and most just solution to a legal dispute, given their constitutional traditions. Joseph Raz, on the other hand, defended the positivist outlook and criticised Hart's "soft social thesis" approach in The Authority of Law.[42] Raz argues that law is authority, identifiable purely through social sources and without reference to moral reasoning. In his view, any categorisation of rules beyond their role as authoritative instruments in mediation are best left to sociology, rather than jurisprudence.[43] What is the law? Main article: Analytical jurisprudence There have been several attempts to produce "a universally acceptable definition of law". In 1972, Baron Hampstead suggested that no such definition could be produced.[44] McCoubrey and White said that the question "what is law?" has no simple answer.[45] Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used. He said that, for example, "early customary law" and "municipal law" were contexts where the word "law" had two different and irreconcilable meanings.[46] Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is also equally obvious that the struggle to define that word should not ever be abandoned.[47] It is possible to take the view that there is no need to define the word "law" (e.g. "let's forget about generalities and get down to cases").[48] One definition is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour.[2] In The Concept of Law Hart argued law is a "system of rules";[49] Austin said law was "the command of a sovereign, backed by the threat of a sanction";[30] Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire;[41] and Raz argues law is an "authority" to mediate people's interests.[42] Holmes said, "The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law."[50] In his Treatise on Law Aquinas argues that law is a rational ordering of things which concern the common good that is promulgated by whoever is charged with the care of the community.[51] This definition has both positivist and naturalist elements.[52] History Main article: Legal history King Hammurabi is revealed the code of laws by the Mesopotamian sun god Shamash, also revered as the god of justice. The history of law links closely to the development of civilization. Ancient Egyptian law, dating as far back as 3000 BC, was based on the concept of Ma'at and characterised by tradition, rhetorical speech, social equality and impartiality.[53][54][55] By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code, which consisted of casuistic statements ("if … then ..."). Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; this became known as the Codex Hammurabi. The most intact copy of these stelae was discovered in the 19th century by British Assyriologists, and has since been fully transliterated and translated into various languages, including English, Italian, German, and French.[56] The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society. The small Greek city-state, ancient Athens, from about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. However, Athens had no legal science or single word for "law",[57] relying instead on the three-way distinction between divine law (thémis), human decree (nomos) and custom (díke).[58] Yet Ancient Greek law contained major constitutional innovations in the development of democracy.[59] Roman law was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were highly sophisticated.[60][61] Over the centuries between the rise and decline of the Roman Empire, law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I.[62] Although codes were replaced by custom and case law during the Early Middle Ages, Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts to the canon law, giving birth to the jus commune. Latin legal maxims (called brocards) were compiled for guidance. In medieval England, royal courts developed a body of precedent which later became the common law. A Europe-wide Law Merchant was formed so that merchants could trade with common standards of practice rather than with the many splintered facets of local laws. The Law Merchant, a precursor to modern commercial law, emphasised the freedom to contract and alienability of property.[63] As nationalism grew in the 18th and 19th centuries, the Law Merchant was incorporated into countries' local law under new civil codes. The Napoleonic and German Codes became the most influential. In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging.[64] EU law is codified in treaties, but develops through de facto precedent laid down by the European Court of Justice.[65] The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words. Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice. The Arthashastra, probably compiled around 100 AD (although it contains older material), and the Manusmriti (c. 100–300 AD) were foundational treatises in India, and comprise texts considered authoritative legal guidance.[66] Manu's central philosophy was tolerance and pluralism, and was cited across Southeast Asia.[67] During the Muslim conquests in the Indian subcontinent, sharia was established by the Muslim sultanates and empires, most notably Mughal Empire's Fatawa-e-Alamgiri, compiled by emperor Aurangzeb and various scholars of Islam.[68][69] After British colonialism, the Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire.[70] Malaysia, Brunei, Singapore and Hong Kong also adopted the common law. The eastern Asia legal tradition reflects a unique blend of secular and religious influences.[71] Japan was the first country to begin modernising its legal system along western lines, by importing parts of the French, but mostly the German Civil Code.[72] This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Qing Dynasty in the form of six private law codes based mainly on the Japanese model of German law.[73] Today Taiwanese law retains the closest affinity to the codifications from that period, because of the split between Chiang Kai-shek's nationalists, who fled there, and Mao Zedong's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law, which essentially inflates administrative law at the expense of private law rights.[74] Due to rapid industrialisation, today China is undergoing a process of reform, at least in terms of economic, if not social and political, rights. A new contract code in 1999 represented a move away from administrative domination.[75] Furthermore, after negotiations lasting fifteen years, in 2001 China joined the

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