What is Legal System?

INTRODUCTION

A legal system refers to the set of laws, rules, and regulations established by a government or 

other governing authority to govern and regulate the behaviour of individuals and institutions 

within a society. It includes the judicial system, which interprets and enforces the law, as well 

as the legislative and executive branches of government that create and enforce laws. The 

legal system is intended to promote justice, protect individual rights and freedoms, and 

ensure social order and stability. It provides a framework for resolving disputes and conflicts, 

punishing criminal behaviour, and promoting accountability and responsibility among 

individuals and organizations.

DEFINITIONS:

Here are some definitions of "Legal System" :

According to Oliver Wendell Holmes Jr., 

an American jurist and Associate Justice of the Supreme Court of the United States, a legal 

system is 

"The embodiment of the collective wisdom, the political ideals, and the moral and ethical 

values of a particular society at a particular point in time."

According to H.L.A. Hart, 

a British legal philosopher and professor at Oxford University, a legal system is 

"A system of rules, institutions, and procedures that governs a society."

According to Roscoe Pound, 

an American legal scholar and former Dean of Harvard Law School, a legal system is 

"An organized and coordinated body of legal rules and principles that provide the framework 

for the administration of justice."

According to John Austin, 

a British legal theorist and philosopher, a legal system is 

"A set of rules and commands that are enforced by a sovereign power and backed by the 

threat of punishment."

According to Ronald Dworkin, 

an American legal philosopher and professor at New York University, a legal system is 

"A set of legal principles and values that reflect the fundamental moral and political 

commitments of a society, and that are used to guide the interpretation and application of the 

law."

 Black's Law Dictionary 

defines a legal system as "The set of laws, rules, and institutions that govern a society, 

establish and maintain social order, and provide a framework for resolving disputes and 

enforcing rights."

Bouvier's Law Dictionary 

defines a legal system as

 "The entire body of law that applies to a particular country or 

jurisdiction, including its constitutions, statutes, regulations, and case law."

 

The Oxford Dictionary of Law

defines a legal system as 

"The set of laws, institutions, and procedures that govern the 

conduct of individuals, businesses, and organizations within a particular jurisdiction, and that 

are enforced by the courts and other legal authorities."

The Legal Information Institute at Cornell Law School

defines a legal system as 

"A framework of rules, institutions, and procedures that provide a 

basis for resolving disputes, maintaining order, and protecting individual rights and liberties."

The Merriam-Webster Dictionary

defines a legal system as 

"The body of laws that regulate the affairs of a community, state, or 

nation and that are enforced by a judicial system."

ESSENTIAL FEATURES OF LEGAL SYSTEM:

A legal system is a set of rules, institutions, and processes that governs the behavior of 

individuals and organizations in a society. The key features of a legal system include:

1) Laws and Regulations: 

A legal system is defined by the set of laws and regulations that it enforces. Laws are 

the rules created by the government and enforced by the courts. Regulations are the 

rules created by administrative agencies and enforced by the government.

2) Judiciary: 

The legal system includes a judiciary which interprets and applies the laws to 

individual cases. The judiciary includes judges, magistrates, and other court officials 

who are responsible for ensuring that justice is served and the rule of law is upheld.

3) Enforcement: 

The legal system includes mechanisms for enforcing the laws and regulations. This 

includes the police, prosecutors, and other law enforcement agencies who investigate 

and prosecute criminal activity. It also includes civil enforcement mechanisms, such 

as court orders and injunctions.

4) Legal Professionals: 

The legal system includes a range of legal professionals, such as lawyers, judges, and 

legal scholars, who help to create, interpret, and apply the laws. Legal professionals 

play a critical role in ensuring that the legal system is fair, impartial, and effective.

5) Legal Procedures: 

The legal system includes a set of procedures and processes that govern how legal 

disputes are resolved. This includes rules for evidence, discovery, and the conduct of 

trials. Legal procedures help to ensure that the legal system is transparent, consistent, 

and impartial.

6) Fundamental Rights and Freedoms: 

A legal system should protect the fundamental rights and freedoms of individuals in a 

society. This includes the right to a fair trial, the right to free speech, and the right to 

privacy. A legal system that fails to protect these rights and freedoms can undermine 

the legitimacy and effectiveness of the legal system as a whole.

In short we can say that a legal system is a complex and multifaceted institution that plays a critical role in ensuring justice, promoting fairness, and upholding the rule of law in a society. 

The key features of a legal system help to ensure that the system is effective, efficient, and 

fair for all individuals and organizations involved.

TYPES OF WORLD LEGAL SYSTEMS:

There are several types of legal systems that exist around the world, each with its own unique 

characteristics and approaches to the law. The major types of legal systems include:

1) Common Law System

2) Civil Law System

3) Islamic Law System

4) Customary Law System

5) Mixed/Hybrid Legal System

The Essence of The Legal System in he Society:

• The legal system is an essential component of any society. 

• It plays a vital role in maintaining social order, promoting justice, and protecting the rights and freedoms of individuals and organizations. 

• The legal system provides a framework for resolving disputes, punishing criminal behavior, and promoting accountability and responsibility.

• The legal system helps to ensure that people are treated fairly and equitably and that everyone is held accountable for their actions. 

• It provides a mechanism for individuals and organizations to seek redress for grievances and to have their rights protected. 
• Without a functioning legal system, individuals and organizations would be left to fend for themselves, and justice would be based on might rather than right.

• In addition to maintaining social order and promoting justice, the legal system also helps to foster economic growth and development.

•  It provides a framework for regulating business activities and resolving commercial disputes, which is critical for creating a stable and predictable business environment.

• The legal system is essential to the functioning of any society. It provides the framework for resolving disputes, maintaining social order, promoting justice, and protecting individual rights and freedoms. 

• Without a functioning legal system, society would be characterized by chaos, conflict, and injustice.

History And Development of Legal System:

The history and development of the legal system can be traced back to ancient civilizations, 

where laws and regulations were established to govern society. 

Some of the earliest legal 

codes were created in ancient Mesopotamia,

•  including the Code of Hammurabi, which dates back to around 1754 BCE.

In ancient Greece, laws were established by city-states, and legal disputes were settled 

through the use of juries.

 In Rome, the legal system was highly developed, and Roman law continues to have a significant influence on modern legal systems around the world.

During the Middle Ages, the legal system in Europe was heavily influenced by the Catholic 

Church, and laws were often based on religious principles. The emergence of the nation-state 

in the early modern period led to the development of national legal systems, which were often based on codes and statutes.

The Enlightenment period of the 18th century marked a significant shift in the development 

of the legal system, with an increased focus on individual rights and freedoms. This led to the 

creation of constitutional democracies and the establishment of the rule of law.

In the 20th century, the legal system continued to evolve, with the development of 

international law and the establishment of supranational legal institutions, such as the 

International Court of Justice and the International Criminal Court.

Today, the legal system is highly complex and diverse, with different legal systems existing 

in different countries and regions of the world. However, the fundamental principles of the 

legal system remain the same, including the need for laws and regulations to govern society, 

the importance of protecting individual rights and freedoms, and the need for a fair and 

impartial system for resolving disputes and enforcing the law. 

Stay blessed.