Law is the set of rules that are enforced by social institutions. These institutions include governmental and non-governmental organizations. The rules are applied to the relations between people. It shapes the history, politics and economics of the world. There are three types of legal systems: civil law, common law and public law.
Common law legal systems are those that explicitly recognize that the decisions of courts are considered “law.” In these legal systems, the decisions of the courts are binding and enforceable. They include the doctrine of precedent. This means that a court’s decision has precedence, which is the same for all courts.
The common law system is generally more detailed and requires more detailed judicial decisions. On the other hand, civil law legal systems are shorter and require less detailed judicial decisions.
Both legal systems have many features in common. For example, legal syllogism is present in both legal systems. Also, a common characteristic in both legal systems is analogy.
Common law legal systems are based on the idea that courts have authority to decide issues, although they do not have the purse power or command over police and armies. However, in the common law system, judges do not have the authority to make legislation.
The common law system is also a product of its origin. As a result, it is rigid. During the 18th century, a system of equity was developed. Specifically, a Court of Chancery was created that would give judgments in the name of the King.
During the late 19th and early 20th centuries, a body of jurisprudence grew up, based on arguments and reasoning. This included utilitarian theories and argumentative theories. Until the 20th century, the dominant theory was utilitarian. During this period, the term “natural law” was used to refer to the morality of nature.
Although the concept of “natural law” was introduced in ancient Greek philosophy, it re-entered mainstream culture through the writings of Thomas Aquinas. Currently, the Quran is a source of further law through its interpretation and Qiyas.
Civil law is a legal system based on the concept of “law of agency.” It covers areas such as property, business, and contracts. Typically, the practice of law is supervised by a government-appointed or independent regulating body.
Another type of legal system is religious law. Religious laws are primarily based on religious precepts. Several church communities still use this type of law. Jewish Halakha, for example, is a religious law that is based on the teachings of the Talmud.
Public law is the practice of law in a country. This includes the drafting and enactment of governmental laws and regulations. Some of these laws and regulations deal with issues such as regulation of utilities, water, gas, and energy. Other issues are regulation of corporate tax, value added tax, and income tax.
Law is also defined as the art of justice. The word law is derived from the Latin word lex, meaning a law or a rule.
