Principles of Law: Definitions, Types, Legitimacy & Justice

Law: The Concept

Law is the set of rules and principles that govern human relations in society.

Right: A right is the entitlement of every human being to do what they are permitted or to claim what they deserve.

Substantive Law and Positive Law

Positive law is a system of rules established by a particular state and in force at a given time and place — that is, legislation. This law is subdivided into several types:

• Criminal law
• Civil law
• Other branches as applicable

Natural Law

Natural law is a set of principles and rules considered universal and unchanging that should guide positive law; it is the philosophical basis for claiming that a state's actions are just.

Legislative Law: Forms and Functions

The term law may be reserved for rules adopted by the legislature (Parliament). Laws can be classified according to their effect:

• Orders and prohibitions: laws that require, force, discourage, or deny actions.
• Authorizations: laws that permit or provide the opportunity to act.
• Organizer laws: laws that regulate commerce and relations between individuals.

All laws share essential features:

• General character: laws are described in general terms.
• State origin: laws are valid only when enacted by the sovereign authority (the state).
• Established procedure: there is always a clearly defined process for drafting and passing laws.

Legality and Legitimacy

A key attribute of the state is respect for the rule of law, which requires that laws be enforced. This principle belongs to the realm of positive law; actions contrary to law may be considered illegal. Respect for the rule of law is a barrier against arbitrary exercise of power.

Public law is structured so that anyone can know when they are acting in accordance with or against it. A state may have an oppressive legal system; while such a system may be legal, it will be unjust.

There is an important distinction between legality and legitimacy: what is legal is not always legitimate. Legitimacy refers to what is consistent with justice and morality. A legitimate state strives to make legal rules also just. The legitimate aims of law include freedom, equality, and peace. These considerations lead us into the area of justice.