Laws
Laws are the methods by which social order is enforced. Laws shape almost every aspect of modern life across the world, independent of social status, location, age, wealth, or any factor that may differentiate one person from another. Each country has a different way in which the law for that country is devised, as well as what is guaranteed in the code of law. The earliest example of a codified system of laws in history is Hammarabi’s Code. Hammarabi’s Code dates from 1750 B.C.E, and was established by the sixth Babylonian king. The seven feet tall stone which bears the code was found in 1901. Laws are generally meant to ensure rights, wither those of individuals, groups of people, or the government.
There are several common areas of laws that transcend most systems. The first is criminal law. Criminal, or penal, law is concerned with taking punitive action against those who violate the law. Another common area of law is constitutional law. Constitutional law covers the body of laws which affects the legal rights of individuals in regard to the government, as well as the actions that governments are allowed to engage in. Constitutional law is largely influenced by John Locke’s theorem that says individuals can do anything not prohibited by law, but governments may not take any actions the laws do not proscribe. Another broad area of law is contract law. Laws governing contracts follow the Latin saying pacta sunt servanda, “agreements must be kept.” Tort laws are another popular area of law. Tort laws cover civil wrongs, the most common cases which these laws cover include cases involving defamation and negligence. Property laws govern the rights of people to items they can consider theirs. Property law is concerned with both real estate and movable items. Property law makes a distinction between the right to an individual item, known as a right in rem, and a right in personam, which is the right to compensation for the loss of an item. “Possession is nine tenths of the law” is a fundamental part of property law. Equity and trust laws are concerned with the management of property by one person on the behalf of another person who is unable to manage the funds or property for themselves.
There are several methods by which systems of laws can be defined. The first is a civil law. A system of laws based on civil codes have a decreased importance given to judges. This system is heavily influenced by Roman traditions. Under this system legal precedence’s are not considered. The only factors allowed to affect rulings is what is in the laws themselves. The United States is influenced by this system, but more closely resembles a common law system, which arose from the Norman conquest of Great Britain. Common law grants previous legal decisions the same weight as the written law. The use of precedent was originally established following the signing of the Magna Carta. The final major inspiration is religious law, which derives its laws from various religious texts, with differing levels of modernization of these laws.