The law is the set of socially created and enforced rules that form a framework for a peaceful society. When the rules are broken, sanctions can be imposed on individuals or groups. These sanctions can range from fines to imprisonment. This definition of law is also used to describe a system of justice that guarantees core human and property rights for everyone, regardless of wealth or status. A legal system can be based on a constitution, written or unwritten; on a body of laws created by the legislature, which result in statutes; or on decisions by judges that create precedent.
The precise nature of law is a matter of much debate. Utilitarian philosopher John Austin defined law as “commands, backed by threats of sanction, from a sovereign to whom people have a habit of obedience.” Jean-Jacques Rousseau and other natural lawyers argued that law is inherently moral. A more modern view of law has developed along the lines of law and jurisprudence, with a focus on constitutionally mandated procedural requirements, such as due process.
Different countries have different approaches to making and enforcing the law. For example, the United States uses a common law system in which the courts make the laws. Other countries, such as Japan, use a civil law system in which the laws are established by explicit codes. In either case, the judiciary makes the laws but does not make statutory or executive laws; this is the responsibility of the legislative branch. The judiciary does, however, interpret and defend the law and decide cases. The judiciary’s decisions are compiled into case law, which becomes binding on future judges through the doctrine of stare decisis.