Whether it is possible or desirable to define law
There have been many attempts to produce "a universally acceptable
definition of law". By 1972, no such definition had been produced.[6] McCoubrey and White said that the question "what is law?" has no simple answer.[7] Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used. He said that, for example, "early customary law" and "municipal law" were contexts where the word "law" was used with two different and irreconcilable meanings.[8] Thurman Arnold
said that it is obvious that it is impossible to define the word "law"
and that it is also equally obvious that the struggle to define that
word should not ever be abandoned.[9]
It is possible to take the view that there is no need to define the
word "law" (e.g. "let's forget about generalities and get down to cases"
Proposed definitions
One definition is that law is a system of rules and guidelines which are enforced through social institutions to govern behavior.[11] In The Concept of Law Hart argued law is a "system of rules";[12] Austin said law was "the command of a sovereign, backed by the threat of a sanction";[13] Dworkin describes law as an "interpretive concept" to achieve justice;[14] and Raz argues law is an "authority" to mediate people's interests.[15] Holmes said "The prohecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law."[16]
Aquinas said that law is a rational ordering of things which concern
the common good that is promulgated by whoever is charged with the care
of the community.[17] This definition has both positivist and naturalist elements.[18]
Legal subjects
All legal systems deal with the same basic issues, but jurisdictions
categorise and identify its legal subjects in different ways. A common
distinction is that between "public law" (a term related closely to the state, and including constitutional, administrative and criminal law), and "private law" (which covers contract, tort and property).[19] In civil law systems, contract and tort fall under a general law of obligations, while trusts law is dealt with under statutory regimes or international conventions. International, constitutional and administrative law, criminal law, contract, tort, property law and trusts are regarded as the "traditional core subjects",[20] although there are many further disciplines
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