Types of Law
The law is a system of rules that governs human relationships and societies. A society with a well-developed and widely respected legal system can provide security, stability, and prosperity for its citizens. The laws protect people’s fundamental rights, and they provide guidelines for social change. The law covers a broad range of activities, including contracts, property, and taxation. It also regulates the military, censorship, criminal activity, and governmental power.
There are many types of law, but most systems share several characteristics:
Clear expression of rights and duties so that remedies are self-evident. Flexibility to adapt to new circumstances by creative jurisprudence. A strong tradition of scholarship and a rigorous legal academy inspiring the legislature and judiciary.
Historically, legal systems have evolved from the concept of rights to reflect changing social conditions. For example, Roman law was influenced by Greek philosophy and underwent major codification by Theodosius II and Justinian I. This grew into the civil law tradition that covers about 60% of the world.
Other legal systems are based on religious precepts, such as the Jewish Halakhah and Islamic Sharia and Christian canon law. These often include a system for interpreting and developing further law through the principles of Qiyas (reasoning by analogy), Ijma (consensus), and precedent.
Whether or not a nation’s government serves its principal functions is an important measure of the strength and stability of its law. An autocratic government, for instance, may keep the peace and maintain the status quo, but it can oppress minorities and political opponents. A democratic government, on the other hand, can provide for peaceful transitions of power and ensure that basic rights are protected.