What is law?

The common understanding of the law is that it consists of rules and regulations established and enforced by a governing body. In the United States, the governing body is a combination of federal, state, and local governments. 

While the above definition is accurate, it is important to understand the source or genesis of societal law. 

What is Societal Law?

Laws are also commonly understood as manifestations of societal norms or beliefs. Other theories, however, focus on law as naturally occurring based upon commonalities or norms that individuals share. 

The societal view of law is the most widely understood and accepted. That is, if society believes that certain rights or procedures should be in place, the representative lawmakers act to bring about a rule effectuating that societal norm. 

In summary, laws are rules that society (or a represented majority) accept as being necessary for the orderly administration of that society.

• Note: Law, as it is promulgated and administered by the sovereign, may fail to provide an adequate remedy for individuals harmed. In Old England, individuals unable to obtain an adequate remedy at law could petition the King directly for justice. This was known as a court of equity or in chancery. The King would order an outcome that was fair despite the absence of a legal remedy. The King was said to act in equity. Equity or the power to do equity still exists in todays courts. It exists independently but works in concert with the law to deliver justice. The major theories of law (jurisprudence) are discussed further below.

Where Do Laws Come From?

Numerous theories exist for the creation of and adherence to laws. Societal norms and beliefs are the primary sources. Other commonly recognized sources for law include:

• Sociological Law
• Historical Law
• Legal Positivism
• Legal Realism

Each of these legal philosophies are commonly recognized examples of the theoretical underpinnings of legal reasoning. 

Individuals may employ or be influenced by any of these philosophical approaches when confronted with any type of law. 

The understanding of the law is subject to varying definitions, interpretations of its genesis, the justness of its existence, a individual's duties to adhere, and manners of enforcement, etc.

What is Jurisprudence?

Jurisprudence generally refers to the ideas or philosophies of law that have developed. Understanding the philosophy behind the existence of law is important for understanding:  

• the justification for legislation, and 
• the judicial reasoning applied when interpreting laws.

Note: In Old England, legislators passed laws under the supervision of the King. 

Individuals unable to obtain an adequate remedy at law could petition the King directly for justice. 

This was known as a court of equity or in chancery. 

The King would order an outcome that was fair in light of the absence of a legal remedy. The King was said to act in equity. 

Equity or the power to do equity still exists in courts today. It exists independently but works in concert with the law to deliver justice.

What is Sociological Law?

Laws are also commonly understood as manifestations of societal norms or beliefs. If society believes that certain rights or procedures should be in place, the rule-makers act to bring about a rule effectuating that societal norm in pursuit of the orderly administration of that society. This legal philosophy sees law as an ever-evolving embodiment of society's beliefs. Particularly, it focuses on the interaction between law and societal norms. Law has evolved over time in relation to the influences on society, such as cultural, social, political, and economic factors. In turn, this philosophy recognizes that law and social interaction develop in concert and influence each other. As such, law is only partially distinct from these influences.

What is Historical Law?

This view recognizes law as the embodiment of human cultures and traditions. Like natural law, it focuses on the influence of nature, logic, ethics, and religion on the law. It focuses on a historical understanding of right and wrong in society.

What is Legal Positivism? 

This theory posits that laws are commands handed down by a recognized authority. They are followed out of habit and fear of sanctions by the state for failure to do so. It does not propose that laws are necessarily just or unjust. It does not look at the natural existence of standards leading to law; rather, it focuses on the objectives outlined by the governing body. Rather than occurring naturally, law and the rights resulting therefrom are the results of human insistence.

What is Natural Law? 

This theory proposes that laws arise from nature. It is objective and applies universally - independent of human understanding. Thus, the law is not developed by the people; rather, it derives from the common understanding and actions of individuals based upon moral rules of nature or divine inspiration. relies on reason drawn from perceived universal moral principles in order to explain laws. It assumes that some values or beliefs are universal due to a common human nature and the ability to reason. Natural law theorists often cite the Declaration of Independence (stating "the separate and equal station to which the Laws of Nature and of Nature's God entitle them), to support the Founder's belief in natural law.

What is Legal Realism?

This theory proposes that all aspects of law should be examined scientifically to be understood. It stands in opposition to theories of natural law - stating that they are a result of psychological characteristics and social phenomena. The existence of law can be understood by empirical, scientific evaluation. It goes behind the legal principle to look at what the administrators of law do or are thinking as they carry out their roles. It posits that laws (particularly common law) are subjective. The development of law is based upon the predilections of state and federal lawmakers and judges. As such, legal reasoning is not separate from the ethical, moral, social, and political beliefs of those charged with making and interpreting the law.

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