What is Law?

Law is, generally, a system of rules which are enforced through social institutions to govern behaviour.  Laws can be made by legislatures through legislation (resulting in statutes), the executive through decrees and regulations, or judges through binding precedents (normally in common law jurisdictions). Private individuals can create legally binding contracts, including (in some jurisdictions) 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 unwritten) and the rights encoded therein. The law shapes politics, economics, and society in various ways and serves as a regulator of relations between people.

The adjudication of the law is generally divided into two main areas referred to as criminal law and civil law. Criminal law deals with conduct that is considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law deals with the resolution of lawsuits (disputes) between individuals or organisations.

There are many different branches of law including corporate law, property and taxation law through to media, environmental health and international law. All types of law have far-reaching effects and help to shape politics, economics and society in numerous ways. Law serves a variety of functions. Laws limiting the powers of government help to provide some degree of freedom that would not otherwise be possible. Laws regulate social relations in the society.

Law provides a rich source of scholarly inquiry into legal history, philosophy, economic analysis and sociology. Law also raises important and complex issues concerning equality, fairness, and justice. There is an old saying that “all are equal before the law”.

Exercise 7. Answer the questions:

1. What is law?

2. Who makes law in modern society?

3. What is the highest legislative body in Russia?

4. What are the sources of law?

5. What are the functions of law?

6. What fields of law do you know? Which of them do you specialize in?

SPEAKING

Exercise 8. Comment on the following quotations.

“It is forbidden to kill; therefore all murderers are punished unless they kill in large numbers and to the sound of trumpets.” ― Voltaire

“The Law is hard, but it is the Law.” ― Cassandra Clare

“If you have ten thousand regulations you destroy all respect for the law.” ― Winston S. Churchill

“The more corrupt the state, the more numerous the laws.” ― Tacitus, The Annals of Imperial Rome

Exercise 9. Discuss the following questions.

1. What does the term “common law” mean?

2. In what countries does common law system prevail?

3. What is a president?

4. What branches of law do you know?

5. What is the difference between civil and criminal law?

6. Do you think that the Russian Federation is a jural state?

7. What rights and liberties are guaranteed by the Constitution of the Russian Federation?

8. Are there any laws or regulations in Russia that you consi-der wrong or unfair?

9. Why do people violate laws? What are the main reasons?

10. Why are new laws needed?