Law's Reach: What Can A Law Actually Do?

Laws can be changed, but the process is often complex and time-consuming. In the US, laws are made by Congress, the federal government's lawmaking branch. A bill is a proposal for a new law or a change to an existing one, and it can be initiated by a sitting member of Congress or by citizens through their elected representatives. Once introduced, a bill goes through a process of research, discussion, and amendment before being put to a vote. If passed by both bodies of Congress, the bill then goes to the President for approval. The President can sign the bill into law or veto it. While it is possible to override a veto, a bill that remains unsigned when Congress is no longer in session is vetoed by default, known as a pocket veto. Outside of the federal level, laws can be changed through local or state government, with state laws amended through the state legislature. Changing a law often requires significant support and engagement with lawmakers, and it can be helpful to build a coalition of individuals and institutions who support the proposed change.

Who can make laws?

In the United States, the legislative process is a complex procedure that involves multiple entities and steps. The process of law-making is a foundational aspect of the country's representative system, allowing for the protection of the minority and providing all sides with an opportunity to be heard.

At the federal level, the legislative process typically begins with a public hearing where a committee or subcommittee hears witnesses representing diverse viewpoints on a proposed measure. Following the hearings, the bill undergoes deliberation and amendments in the "mark-up" session. The committee or subcommittee members then vote to accept or reject these changes before taking a final vote on the measure. If approved, the bill proceeds to the House of Representatives, where it is debated, amended, and voted on. If the bill passes by a simple majority, it moves to the Senate.

In the Senate, the bill undergoes a similar process of committee review, debate, and voting. If the Senate makes changes to the bill, it returns to the House for concurrence or further amendments. This back-and-forth negotiation may involve a conference committee with members from both the House and the Senate, who work to resolve differences and report an identical measure back to both bodies for a vote.

Once a bill passes both the House and the Senate in the same form, it is presented to the President for signature. The President has the power to veto the bill, in which case Congress can vote to override the veto, or the bill can become law if Congress is no longer in session. This is known as a "pocket veto." If the President signs the bill, it becomes a law.

It is important to note that the legislative process can vary between different political systems and countries. The information provided here primarily focuses on the federal law-making process in the United States.

What is the process of making a law?

The process of making a law involves several steps and can vary between different legislative bodies. In general, laws are created and enforced by social or governmental institutions to regulate behaviour. In the context of the United States federal government, laws are made by Congress, which consists of the House of Representatives and the Senate.

The first step in the law-making process is the introduction of a bill. A bill is a proposal for a new law or a change to an existing law. Any member of the House of Representatives can introduce a bill, and the idea for a bill can come from a sitting member of Congress or be proposed by citizens through a petition. Once a bill is introduced, it is assigned to a committee that will research, discuss, and make changes to it. The committee may then release the bill, putting it on a calendar to be voted on, debated, or amended.

If the bill passes by a simple majority in the House, it moves to the Senate, where it goes through a similar process. It is assigned to another committee, and if released, it is debated and voted on. If the Senate makes changes to the bill, it must return to the House for approval. This back-and-forth negotiation may occur until both chambers agree on an identical version of the bill.

Once the bill has passed in identical form by both the House and the Senate, it is considered "enrolled." The enrolled bill is then sent to the President, who has several options. The President can approve the bill and sign it into law, or they can choose to veto it, returning it to Congress. If the President takes no action and Congress adjourns before the bill is signed, it is considered a pocket veto, and the bill is vetoed by default. In most cases, Congress can override a veto with a vote, and the bill becomes a law.

The process of making a law can also vary depending on the type of law being created. For example, in common law systems, judges may create binding case law through precedent, which can be overturned by a higher court or the legislature. Additionally, religious law is used in some communities and states and has historically influenced secular law.

What is the philosophy of law?

Philosophy of law, or legal philosophy, is a field that aims to provide a philosophical analysis of law and legal institutions. It involves examining the nature of law, the relationship between law and morality, and the justification for various legal institutions. The philosophy of law is not a separate entity from ethics and political philosophy but is dependent on them. It is influenced by the politics, culture, and legal system of the time and place in which it is developed.

There are three main categories of topics in legal philosophy: analytic jurisprudence, normative jurisprudence, and critical theories of law. Analytic jurisprudence focuses on understanding the essence of law and differentiating it from other systems of norms, such as ethics. It aims to identify the universal features of law across cultures, times, and places to define what the law is and what it is not. Normative jurisprudence, on the other hand, deals with evaluative and prescriptive issues about the law, such as restrictions on freedom, obligations to obey the law, and the grounds for punishment. It explores the purpose of law and its value to society, as well as the relationship between law and other fields like economics, ethics, and political philosophy. Critical theories of law, including critical legal studies and feminist jurisprudence, challenge traditional forms of legal philosophy and often focus on human rights and historically marginalised groups.

Philosophers of law debate various topics, including the philosophical challenges in areas such as constitutional law, contract law, criminal law, and the relationship between law and morality. They also explore the distinction between law and morality, politics, or practical reason. The philosophy of law has evolved over time, with ancient jurisprudence originating from Indian Dharmaśstra texts and medieval contributions from philosophers like Thomas Aquinas, who proposed the theory of natural law.

The philosophy of law also addresses problems within legal systems and their relationship to the larger political and social context. It includes theories such as legal positivism, which argues that the law is a social construct distinct from morality, and natural law theory, which asserts that law is inherent in nature and that an objective moral order exists outside of human legal systems. These theories raise questions about the moral legitimacy of law and the subjects' reasons for complying with it.

How does law affect society?

Law is a set of rules that are created and enforced by social or governmental institutions to regulate behaviour. The creation of laws may be influenced by a constitution, and the rights contained therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. For example, law can affect the behaviour of members of society through the symbolic and expressive meanings of legal institutions and legal language.

The scope of law can be divided into two domains: public law and private law. Public law concerns government and society, including constitutional law, administrative law, and criminal law. Private law deals with legal disputes between parties in areas such as contracts, property, torts, delicts, and commercial law. The study of criminology, for example, seeks to relate the type and frequency of crime to underlying social causes like poverty, immigration, or social disintegration.

Law and Society scholars have emphasised the mediating role of lawyers and legal institutions in maintaining social hierarchy. For example, in one of the most cited Law and Society pieces, Marc Galanter identified the structure of legal institutions as decisively affecting outcomes. He distinguished between "repeat players" and "one-shooters" in litigation, with "repeat players" being able to adapt their strategies to the long-term process of litigation.

While some Law and Society scholars emphasise the failure of law to affect primary behaviour, others stress the unintended consequences that follow from changes in legal rules. For example, a study of the Supreme Court's constitutional criminal procedure cases concluded that given the sociology of criminal courts and the criminal bar, these decisions "may have a long-range effect which is radically different from that intended or anticipated".

How does law shape politics?

Law and politics are deeply intertwined, with law influencing politics and politics, in turn, shaping law. Law provides the framework and limits within which politics and policymaking operate at all levels of governance. It serves as the foundation for a functional society, dictating what we "should" do and influencing political agendas and the actions of political actors.

The creation of laws can be influenced by a variety of factors, including a country's constitution, religious law, and the rights encoded therein. For example, in the US, the House can initiate tax and revenue-related legislation, while the Senate drafts legislation related to presidential nominations and treaties. The law also shapes politics by regulating behaviour and mediating relations between people.

The philosophy of law, or jurisprudence, explores the fundamental nature and purpose of law. While normative jurisprudence asks "what should the law be?", analytic jurisprudence asks "what is law?". Several philosophers have contributed to our understanding of the relationship between law and politics. For instance, Hugo Grotius, the founder of a purely rationalistic system of natural law, argued that law arises from a social impulse and reason. Immanuel Kant believed that a moral imperative requires laws "be chosen as though they should hold as universal laws of nature".

The scope of law can be divided into two domains: public law and private law. Public law concerns government and society, encompassing constitutional law, administrative law, and criminal law. On the other hand, private law deals with legal disputes between parties in areas such as contracts, property, and commercial law. The distinction between public and private law is stronger in civil law countries, particularly those with a separate system of administrative courts.

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