A Complete Beginner’s Guide
Why Ask “What is Law?”
When people first begin studying law, one of the earliest questions that comes to mind is what exactly is law. On the surface, it feels like a simple question. But when you try to answer it, you realise it is not easy at all.
In legal practice, most lawyers never pause to ask this broad question. Their focus is always narrow. They want to know what the law says about a particular contract, or what legal rules apply in a specific criminal case. They rarely think about what law itself is.
For a learner, though, this question is essential. It lays the foundation for understanding how all the other pieces of the legal system fit together. Without first grasping the nature of law, the rest can feel like scattered information.
Rules All Around Us
Every day, we follow rules without even thinking about them. Some of these rules are part of the legal system.
Criminal law makes certain acts, like theft, punishable. If someone steals, they can be taken to court and punished. In contract law, if one person breaks a legally binding agreement, they may have to pay damages to the other party.
But many rules are not legal at all. In a sports club, members may be required to wear a specific uniform. A religious tradition might require fasting during certain times of the year. In chess, a pawn can only move one step forward, except in its first move. These are all rules, but no court will enforce them.
This shows us that not all rules are legal rules, and this difference is important to understand before we define what law is.
Can Law Be Defined as “Rules the Courts Will Enforce”?
One way people try to define law is to say that it is the set of rules which the courts will enforce. This seems neat at first. It clearly separates legal rules from non-legal rules.
However, the definition has problems. First, not all laws prohibit something. Many laws give rights or powers instead. For example, the law says you can get married if certain conditions are met, but it does not tell you that you must marry.
Second, even when a law is broken, a court may not automatically step in. Judges sometimes have discretion. They can decide whether or not to give a remedy depending on the fairness and facts of the case.
Finally, the definition does not answer the most important question — which rules will the courts enforce. That question takes us beyond pure law into politics.
The Political Nature of Law
The law is deeply connected to politics and society. Courts do not operate in a vacuum. They are part of the larger political structure, and they interact with other institutions like parliament.
Some scholars believe judges are not entirely neutral. They think judges tend to protect the existing social and political framework.
Professor J A G Griffith made this argument strongly. In his view, judges in England usually support traditional law and order, defend the existing balance of political and economic power, accept change only slowly, and reflect the values of the middle and upper classes.
Criticism of Griffith’s View
Griffith’s theory has been criticised. Professor Kenneth Minogue pointed out that Griffith’s reasoning had a flaw.
Griffith noticed that courts often ruled against trade unions and concluded that judges must be politically conservative. But Minogue argued that there could be other reasons. Parliament might have passed laws that limited the powers of unions. Unions sometimes acted outside the law, leaving courts with no option but to decide against them. There were also cases where courts supported unions.
So, frequent outcomes in one direction do not necessarily prove political bias.
Law as a Gatekeeper
Another perspective came from Lord Devlin, a former senior judge. He described law as a gatekeeper of the existing social order.
In his view, new ideas are constantly trying to enter society. At first, the law resists them. Only when an idea gains enough public support does the law allow it in. Similarly, old ideas that no longer have public backing can be removed from the legal system.
This view shows law as both protective and adaptable. It tries to keep stability but can change when society is ready.
Sources of Law
When courts decide a case, they look at recognised sources.
Acts of Parliament, or statutes, are laws created by parliament and have the highest authority.
Delegated legislation is made by other bodies under powers given by parliament. Examples include regulations, orders, and local by-laws.
Case law comes from previous court decisions. These decisions act as precedents, guiding judges in future cases.
In the past, European Community law also played a role, and in some areas it could override national law.
Understanding Law in Context
Law is not just a set of commands backed by punishment. It includes powers, rights, and recognised processes. It operates within a political and social framework.
It can preserve the current system, but it can also adapt when society demands change. This change, however, is usually slow and cautious.
Courts are central to applying the law, but they are influenced by the framework set by parliament and by the broader political environment. Understanding this relationship is key to understanding law itself.
Why This Foundation Matters
For anyone starting to study law, having a clear idea of what law is — and how it differs from other kinds of rules — is the essential first step.
Once this foundation is in place, the more complex ideas about how laws are made, interpreted, and changed become easier to understand. Without this basic understanding, legal studies can feel like a collection of disconnected rules rather than a coherent system.
