Law is a set of rules that governs people’s actions and relations. It can be a way to solve disputes or settle disagreements, such as in property matters, or a guide for the behavior of people and organizations. It also shapes politics, economics, history and society in a variety of ways. It can be broken down into two domains, public law and private law. Public law covers the actions of government and society, such as constitutional laws, administrative law and criminal law. Private law includes contracts, property, torts/delicts and commercial law.
One of the most significant issues in defining law is the extent to which it incorporates morality. A number of theories of law, such as utilitarian theory and natural law, incorporate a moral component, whereas others reject any notion of morality or the existence of absolute moral principles.
There is also controversy over the function of law and what it actually does. One view is that it has the role of regulating people’s lives by controlling their activities and assuring order, safety and security in society. This is a social control theory. Another view is that the legal system is primarily a mechanism for resolving disputes, such as in property or employment matters. This is a dispute resolution theory.
Roscoe Pound argued that the primary purpose of the law is to serve the needs of the state, and the function of the law is to help meet those needs. He proposed a theory of the purpose of the law which he called the pure theory of law. This was a theory that stated that the purpose of the law is to define the standards of conduct that must be followed by members of a community.
While this is a useful and practical theory of the function of the law, it is not without its critics. One of the major criticisms is that it ignores the underlying motive of people to comply with the law. Another is that it is too reliant on the assumption that if people do not obey the law there will be consequences, such as sanctions. This is not the case in most societies.
Other controversies about the definition of law involve whether it is possible to have a clear and concise explanation of the nature of law. Some philosophers, such as John Austin, have tried to create a definition of law that will be clear and concise and will not depend on evaluative judgments. However, this has proved difficult to accomplish.