Law: knowing the basics
The term law signifies certain rules revolving around the concept of justice. These set of rules are usually enforced or implemented by a particular governing body or institution. The process is a long drawn one and a majority of all people being affected by these rules and policies have to be in favor of the decision in order for its implementation to take place. Law is the basic building block of a society. All aspects of a society including economics, commerce, politics, etc are shaped by law. A lawless society would be a land of hooligans and unruly creatures. Law is necessary for the establishment and foundation of a stable and civilized society. Law also acts as a mediator between people and comes into play mostly in cases of solving disputes or conflicts. It is also a tool through which one can access one’s fundamental rights. Law can be of different categories. Contract law covers all aspects that are contractual in nature, right from the purchase of a tram ticket to the purchase of goods at a market. Everything comes under contractual law. There is also a separate form of law known as property law. This law ensures your right to your property. It defines all rights and obligations concerning transfer of title and property. Property again, can be of two types. These are personal property (chattel) and real property. Then there is a third type of law known as trust law. Trust law deals with assets held for investment and financial security. On the other hand, tort law deals with compensations that are entitled to you in case your rights or properties are damaged. If this harm is a criminal offence then criminal law comes into play. Criminal law essentially deals with the means by which the state can prosecute a perpetrator. Above all this is the constitutional law. This provides the basic framework within which new laws can be created and old ones reformed. It is also concerned with the protection of human rights and the election of the political representatives of a nation. Then there is the administrative law which deals with the decisions of government agencies. The decisions can be reviewed only under administrative law. International law covers all aspects of interactions between sovereign nations. The activities covered by international law include international trade, environmental regulation, military action and others.
Legal systems define rights and responsibilities in a number of ways. A general difference however, exists between civil law jurisdictions and common law systems. Civil law jurisdictions codify their laws. Whereas common law systems do not have consolidated judge made laws. There are exceptions to this general rule. In some countries, law is entirely defined and governed by religion and religious beliefs. In such cases it is only religion which informs the law. Law is a storehouse of information. It probes into legal history, philosophy, economics and even sociology. Law also raises important issues regarding fundamental rights such as equality, justice, fairness and freedom.
In a democracy, there are three major divisions or departments that are concerned with the legal system. These are the legislature, the executive and the judiciary. There are three major factors which play a major role in enforcing law and providing services to the public. These are a bureaucratic government, an efficient military and a dedicated police system. These are analogous to the vital organs of a human body without which the human body cannot function properly.
The history of law dates back to the development of civilization. Ancient Egyptian laws are as old as laws prevailing in 3000 BC. In those times Egyptian laws were broken down into twelve books. The coding of law was as important then as it is now. It was based on the concept of Ma’at and was strongly characterized by tradition, rhetorical speech, social equality and impartiality. The basic pillars of justice were almost the same as what they are now. Thus we see a huge connection between the legal systems of yesteryears and the legal systems of today. The ancient Sumerians formulated the first law code in the twenty second century BC. It consisted of casuistic statements. These were conditional in nature. In 1760 BC, Hammurabi developed the Babylonian law by inscribing it on a stone. He also placed several copies of this codified law throughout his kingdom so that his subjects could see them.
The Old Testament, which is as old as the 1280 BC, also has references of moral imperatives and recommendations for a good society. On the other hand Roman law was heavily inspired by the Greek law. However, it had highly sophisticated coding as compared to the Greek law.
Another important term that comes up while discussing law is the judiciary. What exactly is a judiciary? A judiciary is essentially a body or an institute comprising a number of judges who mediate disputes in order to determine an outcome. Most nations have appeal courts. These appeal courts are not the highest legal authority. They answer to a supreme court. For most European nations, the highest legal authority is the European court of justice in Luxembourg. The European court of justice can overrule any decision made by the lower level courts or by national law. However, this is applicable only when the EU is relevant. The European court of human rights in Strasbourg allows citizens of the European council member states to bring forth cases pertaining to perpetration of human rights. In such cases, it is the supreme legal body.