Legal skills and debates in Scotland

Start this free course now. Just create an account and sign in. Enrol and complete the
course for a free statement of participation or digital badge if available.

What is law?
Before considering how law is interpreted and the role it plays in a society we need to
be clear about what we mean when we refer to ‘law’. What is ‘law’, how do we know it
exists and how is it defined? By asking you to think about what you mean when you use
the word ‘law’, we are asking you to draw upon your own knowledge, views and
experience.
The ‘law’ is rarely out of the news and is often the focus for fictional drama. It is
something that touches our lives on a daily basis, it governs what we can and cannot
do, it is used to settle disputes, to punish and to govern. There are laws which are
widely accepted and laws which generate controversy. Laws play a central role in
society and in social, political and economic life.

Figure 1 Picture of the words ‘The Law’

Long description

Many people think they know what the law is when they see it and your individual
viewpoint will affect how you define law. Many lawyers feel that a society cannot be
properly understood or explained without an understanding of its law and legal culture.
There are many definitions of law and Activity 1 asks you to think about how law affects
us all and how it can be defined in more detail.
Activity 1 Thinking about law
Timing:(Allow 15 minutes)

Part 1
Take a few moments to think about situations in which you have had contact with the
law during the past 24 hours; for example, buying something, driving or walking across
a road. In the box make notes on the contact you have had.
To use this interactive functionality a free OU account is required. Sign in or register.

Part 2
Having thought about how you may have had contact with laws in the last 24 hours try
to identify what you think the particular laws have in common. If you want to use other
examples try to think about what the laws on speeding vehicles (such as cars or
motorbikes) may share in common with the laws on buying and selling goods (such as
coffee, clothes, a kettle, car or fridge) and how these differ from an agreement to meet
up with a friend or family member. What may happen if those laws/ agreements are
broken?
To use this interactive functionality a free OU account is required. Sign in or register.

This brings us to the definition of law that is used throughout this course. Law is a set of
rules created by state institutions which make laws through the authority of the state.
The laws have sanctions which are recognised by the state and enforced by state-
authorised bodies. This is quite a wordy definition but it highlights some of the important
factors in law-making:
 the authority of the state is needed
 only certain institutions can make law
 the institutions that make law have been given the authority to do so
 sanctions exist for breaking the law
 the sanctions are imposed by those given state authority to do so.

Previous Introduction

Next 2 The ideal of law

WXM151_3
PrintPrint
Take your learning further
Making the decision to study can be a big step, which is why you'll want a trusted
University. The Open University has 50 years’ experience delivering flexible learning
and 170,000 students are studying with us right now. Take a look at all Open
University courses.
If you are new to University-level study, we offer two introductory routes to our
qualifications. You could either choose to start with an Access module, or a module
which allows you to count your previous learning towards an Open University
qualification. Read our guide on Where to take your learning next for more
information.
Not ready for formal University study? Then browse over 1000 free courses on
OpenLearn and sign up to our newsletter to hear about new free courses as they are
released.