What exactly is “law”? We use the word every day — in courts, classrooms, and even on sports fields — but its meaning stretches far beyond the rules of the state. From moral codes and religious commandments to traffic regulations and sporting guidelines, “law” shapes behaviour and gives structure to society. This post explores the many faces of law, the ways in which we define it, and the features that make it what it is.

Consider the following statements and decide which ones are laws and in what way they are laws:

• If at the end of a regulation game of baseball one team has a lead of ten (10) runs or more, the manager of the team with the least runs shall concede the victory to the opponent.
• Everyone who lives on Dartmoor is entitled to graze their horses on the common ground.
• Do not drive at more than 20 miles per hour when within 300 yards of a school entrance.
• Do not steal.
• A will and testament must be signed by the testator in the presence of two witnesses, neither of whom shall receive any gift under the will.

The Many Meanings of Law

Law is a term with multiple meanings. Even if we put to one side the way ‘law’ is used in the phrase ‘the laws of nature’, law as a human institution can refer to the natural law, the moral law, international law, the books of the Old Testament which contain the law of Moses, the rules of a church (ecclesiastical or canon law), the religious code of ethics (Jewish law, Islamic law), the rules of a sport, or the laws enforced by the secular authorities in a particular territory. Any attempt to identify the essential attributes of law must begin by saying what kind or kinds of law these attributes are supposed to define.

Defining Law: Checklist or Central Case?

Providing a checklist of the essential attributes of law is not the only way of defining law. Another way of defining law is by reference to its central case. Let me explain: a mammal might be defined as a warm-blooded animal, which has fur, and gives birth to live young. If that is an exhaustive definition of what a mammal is, then those mammals which do not have fur do not fit the definition and the duck-billed platypus and echidna, which lay eggs, do not fit the definition either.

Turning to legal definitions, how do you define a bank? Banks typically engage in three activities: accepting deposits, making loans, and facilitating payments. Does a bank have to engage in all three activities to fall within the definition of a bank? A checklist approach would say yes, a central case approach would say that it is sufficient if a bank carries out two out of three of those activities. A checklist of attributes each of which is essential may be over-prescriptive. A central case definition, by contrast, identifies certain features as typically present.

The Normative Force of Law

Where law exists, it provides human beings with reasons for action as they deliberate about what to do. Laws are rules which create, or which purport, to create obligations. Depending on the content of the law, those who break it may face disapproval, sanction, or the consequence that the actions they took are treated as having no legal effect. The directive force of law is also described as law’s normativity. Laws set out norms; they set out what the law-maker or the community says is the right thing to do or says is the wrong thing to do.

Common Features of Law

There are six features commonly identified as either essential to law or as typical of law. Whether you think they are all essential or whether you think they are simply typical of law will depend on whether you have a checklist approach to law or a central case approach to law.

1. Laws as Rules or Norms

The first feature is this: laws are rules requiring, permitting, or forbidding action. Legal theorists often refer to laws as norms. Norms are normative statements: they define and divide actions into different kinds. They are instructions about what you ought to do.

2. Authority of Law

The second feature is that the rules are presented as authoritative. Advertisements, friends, blogs, all sorts of sources present us with suggestions and advice. Laws are not merely suggestions or advice, they claim authority over us.

3. The Source of Authority

The third feature is that there is an explicit or implicit appeal by the law-giver to something which grounds their authority. That appeal is one or more of the following: to the people (in democracies), to God (in many kingdoms), or to the fact that the rules accord with right reason and promote the common good, or to the sheer fact that the rule-maker has the power to force obedience (typically dressed up as the right of conquest or the right of possession).

4. Universality of Law

The fourth feature is that the rules are presented as universal in scope. Laws are general or generalisable rules. Laws are not supposed to be one-off, ad hoc, decisions. A basic requirement of legality is that like cases are treated alike. The same rule will apply to anyone who finds themselves in a like situation.

5. Recording and Permanence

The fifth feature is that the rules are recorded. The recording of the rules is one way of ensuring that like cases are treated alike. It is also an indication that the rules have some degree of permanence, that they will remain in place until such time as formal notice has been given that they have been changed.

6. Sanctions and Penalties

The sixth and final feature of law is that there are sanctions and penalties imposed if the rules are broken. For some legal theorists, this is an essential if not the essential feature of law. The bad man cares not whether the rules are normative, he cares not whether they are authoritative, he cares not by what authority they are made, he cares not whether they apply to other people or whether they are recorded, all he cares about is whether there is a likelihood that he will be caught if he breaks the rules and what will happen if he is caught. Other theorists say that while sanctions are often a practical necessity, it is theoretically possible to conceptualise law without reference to sanctions at all. An example sometimes given is of rules of international law where there is no body authorised to impose a sanction. Some legal theorists would say that this shows that those international laws are not really laws at all, others that this proves that there can be laws without penalties. Sanctions would therefore feature in a central case definition of law but perhaps not in a checklist definition of law.