PART II
READING PRACTICE
TEXT 1 WHAT IS LAW?
The word law has many meanings, and this word is used variously in different
fields. For example, physical science has its law of gravity, and economics has the
law of supply and demand. Do these laws have precise definitions? Is the same
precision possible in jurisprudence – the scientific study of law? Over the years, legal
scholars have offered dozens of definitions of law, but none of them is universally
accepted as absolutely definitive. How can this difficulty in defining law be
explained?
The English word law refers to limits upon various forms of behaviour. Some
laws are descriptive: they simply describe how people, or even natural phenomena,
usually behave. An example is rather consistent law of gravity; another is the less
consistent law of economics. Other laws are prescriptive – they prescribe how people
ought to behave. For example, the speed limits imposed upon drivers are laws that
prescribe how fast we should drive. They rarely describe how fast we actually do
drive, of course.
In all societies, relations between people are regulated by prescriptive laws.
Some of them are customs – that is, informal rules of social and moral behaviour.
Some are rules we accept if we belong to particular social institutions, such as
religious, educational and cultural groups. And some are precise laws made by
nations and enforced against all citizens within their power.
What motives do governments have in making and enforcing laws? Social
control is undoubtedly one purpose. Public laws establish the authority of the
government itself, and civil laws provide a framework for interaction among citizens.
Without laws, it is argued, there would be anarchy in society (although anarchists
themselves argue that human beings would be able to interact peacefully without
laws if there were no governments to interfere in our lives).
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