Law: Definition, Classification, and Sources
法律：定义、分类和来源
definition
[countable] a phrase or sentence that says exactly what a word, phrase, or idea means

define
[transitive], to describe something correctly and thoroughly, and to say what standards, limits, qualities etc it has that make it different from other things

classification
[uncountable and countable] a process in which you put something into the group or class it belongs to, or the group that it belongs to

Source
[countable], a thing, place, activity etc that you get something from

What is law? Though we use the word "law" very often in our daily conversation, we use it in so many ways that there is no simple answer to this question.
法律是什么？尽管在日常谈话中我们经常使用这个词，但这个词用法很多，要回答这个问题并不简单。

Though
used to introduce a statement that makes the main statement coming after it seem surprising, unlikely, or unexpected: synonym although
Despite the fact that; although:

Law has been defined as a set of rules that govern the actions of people in a community. These rules must be followed by citizens, and violation of these rules may give rise to a cause of action in the courts. This view sees law as a set of fixed principles known to lawyers and judges, ignorance of which excuses no one, not even the less knowledgeable or less affluent members of society.
法律曾被定义为规范一个群体中人们的行为的一套规则。这些规则公民必须遵守，违反这些规则会引起诉讼的案由。这种观点将法律视为律师和法官所熟悉的固定原则，不了解这套规则的人并不能因此被免除责任，即使他的文化水平低或经济条件差也不能例外。

set of
▶GROUP OF THINGS◀ [countable] a group of similar things that belong together or are related in some way

Govern
[intransitive and transitive]to officially and legally control a country and make all the decisions about taxes, laws, public services etc. synonym rule

Community
A group of people living in the same locality and under the same government.

citizen
1，someone who lives in a particular town, country, or state
2，someone who legally belongs to a particular country and has rights and responsibilities there, whether they are living there or not；see also national

violation
[uncountable and countable], an action that breaks a law, agreement, principle etc

give rise to something
formal to be the reason why something happens, especially something bad or unpleasant
ￚsee also provoke:
His speech gave rise to a bitter argument.
The President's absence has given rise to speculation about his health.

Ignorance
[uncountable]
lack of knowledge or information about something
Eg. Excuse my ignorance, but how does it actually work?

affluent
Adj. formal. having plenty of money, nice houses, expensive things etc; synonym wealthy

cause of action:案由

Another view of law is that it is a method of establishing order by maintaining authority of a ruler over those governed. According to this view, law begins only when a coercive apparatus comes into existence to maintain control through enforcement of social norms. The control group need not be agents of a political entity, but may be labor, business, or church organizations. And the coercion can be psychological as well as physical.
另一种对法律的看法是，法律是一种通过维护统治者对被统治者的权威以确立社会秩序的方法。根据这种观点，只有在有了一种强制性的机构通过实施社会规范来维持控制时，法律才开始形成。控制集团并不一定要是政治实体的代表，也可以是劳工、商业或教会组织。而且强制可以是肉体上的，也可以是心理上的。

establish
[transitive] to start a company, organization, system, etc that is intended to exist or continue for a long time; synonym found

maintain
[transitive]▶MAKE SOMETHING CONTINUE◀
to make something continue in the same way or at the same standard as before
To keep up or carry on; continue:

Coercive
Formal, adj. using threats or orders to make someone do something they do not want to do
Characterized by or inclined to coercion.

coercion
[uncountable] the use of threats or orders to make someone do something they do not want to do
The act or practice of coercing.

coercing
[transitive] to force someone to do something they do not want to do by threatening them
• coerce somebody into (doing) something
Eg. The rebels coerced the villagers into hiding them from the army.

apparatus
[countable]the way in which a lot of people are organized to work together to do a job or control a company or country; synonym machinery

Existence
[uncountable] the state of existing
existing
[only before noun]
present or being used now
Eg. the existing laws; The service is available to

Enforcement
[uncountable],when people are made to obey a rule, law etc

norm
[countable]
1, the usual or normal situation, way of doing something etc
be/become the norm
Eg. Short term contracts are now the norm with some big companies.
Joyce's style of writing was a striking departure from the literary norm .
2, norms[plural]generally accepted standards of social behaviour
Eg. terrorists who violate the norms of civilized society
social/cultural etc norms
3, the norm
the normal or average standard
above/below the norm
Eg. 28% of children tested below the norm.

entity
formal something that exists as a single and complete unit; see also being
Something that exists as a particular and discrete unit:

labor
▶WORKERS◀[uncountable] all the people who work for a company or in a country

psychological
Adj. relating to the way that your mind works and the way that this affects your behaviour
Of or relating to psychology:

Most observers, however, believe that law exists only in a formal setting that involves the legislative, judicial, and executive arms of a political body and its system. This view holds that although rules are an important part of the process, the emphasis is upon actions for the purpose of adherence to those rules. Law is thus defined as the formal means of social control that involves the use of rules that are interpreted, and are enforceable, by the courts of a political community. The hallmark of law is the obligation to act in line with norms authoritatively determined.
然而绝大多数人认为，法律只有在一种正式的环境中才能产生，而这种环境涉及到一个政治实体的立法、司法和行政机构及其制度。这种观点认为，尽管规则是总过程中一个重要的组成部分，重点却在于为使人们遵守这些规则而采取的行动。法律于是被定义为一种正式的社会控制方式，它牵涉到规则的使用，而这些规则是由一个政治团体的法庭解释并实施的。法律的标志是人人都必须遵守权威机构认定的行为规则。

observer
[countable] someone who regularly watches or pays attention to particular things, events, situations etc

involve
[transitive] if an activity or situation involves something, that thing is part of it or a result of it
To contain as a part; include.

Legislative
[only before noun] concerned with making laws
Of or relating to the enactment of laws.

judicial
Adj. relating to the law, judges, or their decisions
Of, relating to, or proper to courts of law or to the administration of justice:

executive
[only before noun] relating to the job of managing a business or organization and making decisions
Of, relating to, capable of, or suited for carrying out or executing:

Arm
Noun. An administrative or functional branch, as of an organization.

process
[countable] a series of actions that are done in order to achieve a particular result
A series of actions, changes, or functions bringing about a result:

emphasis
plural emphases [uncountable and countable] special attention or importance

interpret
1, [intransitive and transitive] to translate one language into another
• They spoke good Spanish, and promised to interpret for me.
2, [transitive] to believe that something someone does or something that happens has a particular meaning
• interpret something as something
• His refusal to work late was interpreted as a lack of commitment to the company.
3, [transitive] to explain the meaning of something
• Freud's attempts to interpret the meaning of dreams

Enforceable, adj.可执行; 实施
enforce
[transitive] to make people obey a rule or law

hallmark
[countable] an idea, method, or quality that is typical of a particular person or thing；
A conspicuous feature or characteristic:

obligation
[uncountable and countable] a moral or legal duty to do something；
A social, legal, or moral requirement, such as a duty, contract, or promise that compels one to follow or avoid a particular course of action.

authoritatively
Adj. behaving or speaking in a confident, determined way that makes people respect and obey you;

Laws may be classified in many ways. They are sometimes classified as substantive law and procedural law. The rules of law that are used to resolve disputes are referred to as substantive law. The legal procedures that determine how a lawsuit is begun, how the trial is conducted, how appeals are taken, and how a judgment is enforced are called procedural law. Substantive law defines rights, and procedural law establishes the procedures by which these rights are enforced and protected. For example, A and B have entered into an agreement, and A claims that B has breached the agreement. The rules that provide for bringing B into court and for the conduct of the trial are rather mechanical, and they constitute procedural law. Whether the agreement was enforceable and whether A is entitled to damages are matters of substance and would be determined on the basis of the substantive law of contracts.
法律可以用多种方法分类。法律有时被分为实体法和程序法。用于实际裁决纠纷的法律被称为实体法。规定怎样提起诉讼，怎样进行审判，怎样上诉，怎样执行判决的法律程序则被称为程序法。实体法界定权利，而程序法确认施行和保护这些权利的程序。例如，甲乙双方签订协议，而甲方声称乙方违约。将乙方推上法庭和支持审判所依据的规则是相当机械的，这些规则就是程序法。至于上述协议是否可执行以及甲方是否应得到损失赔偿则是实质性的问题，将取决于实体的合同法。

classified，adj. Arranged in classes or categories.
classify
past tense and past participle classified present participle classifying third person singular classifies
[transitive] to decide what group something belongs to;see also classification

substantive
Adj. formal dealing with things that are important or real
substantive matters/issues
Eg. The State Department reported that substantive discussions had taken place with Beijing.

procedural
Adj. [only before noun] formal, connected with a procedure, especially in a law court
procedure
[uncountable and countable] a way of doing something, especially the correct or usual way
ￚsee also process

Law is also frequently classified into public law and private law. Public law includes those bodies of law that affect the public generally. It can be further divided into constitutional law, administrative law and criminal law. Private law includes the areas of law that concern the relationships between individuals in an organized society. It covers the subjects of contracts, torts and property, each of which can be subdivided into several bodies of law. The law of torts is the primary source of litigation in America. It deals with wrongful acts against a person of his property and is based on the theory that in a civilized society, people who injure other persons of their property must compensate them for their loss.
法律也经常被分为公法和私法。公法通常包括影响公众的法律。公法又可进一步细分为宪法、行政法和刑法。私法包括涉及有组织的社会中个人间相互关系的法律领域。它包括合同、侵权和财产，每门法律又可细分为几个分支。侵权法是美国诉讼的主要依据。侵权法主要处理损害个人或其财产的不当行为。它的理论基础是，在文明社会中，损害了他人或其财产的人必须赔偿损失。
constitutional
adj.Abbr. cons.（形容词）缩写 cons.
Of or relating to a constitution:

Tort
n.Law （名词）【法律】
Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought.
侵权行为：故意或过失进行造成损害、伤害或非法的行为，或虽未违反协议，但涉及严重责任，它可以引起民事诉讼

Compensate
v.tr.：To offset; counterbalance.
抵消；弥补
v.intr.：To serve as or provide a substitute or counterbalance.
补偿，弥补：作为代替品或平衡物使用或提供

Classification of law according to subject matter can often be difficult because the law is indeed a seamless web, and overlapping is inevitable if we divide it according to a clear-cut definition. Assume that a person is injured by a product he has purchased. The law of sales, even though a part of the law of contracts, contains several aspects that could best be labeled a branch of the law of torts. Therefore, it is apparent that even the general classification of contract and tort is not accurate in describing the subject matter of various bodies of law.
根据法律的内容将法律分类常常是困难的。因为法律实际上是天衣无缝的网络，如果我们根据明确的定义来分类，竟合就不可避免。设想某人被他所购买的产品伤害。销售法尽管是合同法的一个部分，它的不少内容如果将其列为侵权法的一个分支也许是最合适。所以很明显，即便是合同法和侵权法这样的大体的分类在描述各种法律的内容时也是不尽准确的。

seamless
adj.Having no seams:
没有接缝的：

seam
n. A line of junction formed by sewing together two pieces of material along their margins.
缝线：通过将两块材料沿边缘缝合而形成的结合处的线

Overlapping：重叠, 搭接
Lap: v.tr. To place or lay (something) so as to overlap another:
重叠，搭叠：放置或铺设（某物）以盖住其它物

Inevitable
adj. Impossible to avoid or prevent. See Synonyms at certain
必然的：不能规避或避免的参见 certain

purchase
v.tr. To obtain in exchange for money or its equivalent; buy.
购买：通过交换货币或其等价物而得到；买

aspect
n. A particular look or facial expression; mien:
容貌，表情：一种特别的样子或面貌表情；面貌：

Apparent: adj. 明显的； 显而易见的；明白的

accurate
adj. Conforming exactly to fact; errorless.
准确的：与事实完全相符的；无误的

The phrase “sources of law” is often used to describe methods and procedures by which law is created and developed, or the origin from which particular laws derive their authority or coercive force.
“法的渊源”通常是被用来描述产生和制订法律的方法和程序，或者是特定法律的权威性和强制力的渊源。

Procedure
n. A set of established forms or methods for conducting the affairs of a business, legislative body, or court of law.
程序：一套处理商业事务、立法事务或法庭团体的既定模式或方式

derive
v.tr. To obtain or receive from a source.
得到：从某一源泉得到（或取得）

coercive
adj. Characterized by or inclined to coercion.
强迫的：表现出或倾向于强制的

Law in Western societies has developed along two lines. In the countries of continental Europe and those areas influenced by them, the governing law dates back to Roman law and is known as the civil law system. The law with which Americans are more familiar is known as the common law, which developed in English speaking countries.
西方社会的法律沿着两条脉络发展而成。在欧洲大陆国家和受它们影响的地区，目前适用的法律可追溯到罗马法，被称为大陆法系统。而美国人更熟悉的是在英语国家发展而成的普通法系统。

continental
adj. Of, relating to, or characteristic of a continent.
大陆的：大陆的、与之有关的或大陆特有的

influence
n.Abbr. infl.（名词）缩写 infl.
A power affecting a person, thing, or course of events, especially one that operates without any direct or apparent effort:
影响，感化力：一种影响人和事或导致事件发生的力量，尤指不带直接和明显有意因素的客观力：

The major difference between the two systems lies in the operation of the judicial processes. Adjudication under the civil law is made by the judge following principles originating from Roman law and embodied at present under an extensive code of law in effect in that particular country. The judge must apply the appropriate section of the code to the case in court. The common law, on the other hand, develops more through the decisions of judges applying prior decisions of courts to the new facts at hand. Under the common law system, a very substantial part of law is not to be found in statutes enacted by legislatures but rather in cases. A case once decided establishes a binding precedent to a certain extent, and will be followed by the courts when similar issues arise later. Although judges tend to focus more upon statutes or administrative rules these days, the fact that they still review past cases before making a decision shows that adherence to decided cases is still kept as a tradition in American courts.
以上两种系统的主要差异在于法律程序的运作。在大陆法系统中，由法官判案，所遵循的原则来源于罗马法，而今则体现于该国有效的内容广泛的法典中。法官必须将法典中相关的条文应用于正在审理的案件中。而普通法则是由法官将以前法庭的判决应用于当前的新情况作出判决而形成的。在普通法系统中，相当一部分法律并不存在于立法机关通过的法规条文而在于判例。案子一旦判决，就在某种程度上确立了一个有约束力的先例，法庭以后遇到类似诉讼即按该先例作出判决。尽管现在法官倾向于更加关注法律条文和行政法规，但在作出裁决之前，他们仍然会回顾一下过去的判例。这一事实说明，美国法庭仍然保持着遵循已定判例的传统。

Adjudication, n. 法院判决,法庭的裁决,裁决,裁定,诉讼判决

Originate,
v.tr. To bring into being; create: 使…出现：使…出现；创造：
v.intr. To come into being; start.See Synonyms at stem 1
出现：出现；开始参见 stem1

Embody, v.tr.
em.bod.ied,em.bod.y.ing,em.bod.ies
To give a bodily form to; incarnate. 具体化：赋予…以形体；使具有躯体
To represent in bodily or material form:体现：以形体的或物质的形式代表：

Substantial, adj.
Of, relating to, or having substance; material.
物质的：与物质有关的；具有物质的
True or real; not imaginary.
真实的，非想象的

statute
n.Abbr. st.,St.,stat.（名词）缩写 st.,St.,stat.
Law A law enacted by a legislature.
【法律】 法令：立法机关所颁布的法律
A decree or an edict, as of a ruler.
政令：统治者发布的法令或公告
An established law or rule, as of a corporation.
条例：公司制定的规则

Enact, v.tr. en.act.ed,en.act.ing,en.acts
To make into law: 制定：制订成法律：

Binding, n.
Imposing or commanding adherence to a commitment, an obligation, or a duty:有约束力的：强制要求或命令履行承诺、义务或责任：
Eg.: binding arbitration; a binding agreement.
具有约束力的仲裁；需要遵守的合约

Precedent,n
An act or instance that may be used as an example in dealing with subsequent similar instances.
先例：在处理今后类似事件时可用作示范的行为或事例
Law A judicial decision that may be used as a standard in subsequent similar cases:
【法律】 判例：在今后类似案件中可作为标准的司法决定：
a landmark decision that set a legal precedent.
确立了法律判例的里程碑式的决定
Convention or custom arising from long practice:
惯例：经长期实行而形成的常规或习俗：

Adherence, n.
Faithful attachment; devotion: 坚持，坚信：忠诚的情感；忠实：

Because of the common law tradition, American law comes from four basic sources: the federal and state constitutions, statutes made by the United States Congress and the legislatures of the various states, case law or judge-made law (uncodified law based on judicial decisions), and rules and decisions formulated by administrative agencies collectively known as administrative law. However, the judicial system has established a general priority among the various sources of law. Constitution prevails over statutes, and statutes prevail over common law principles established in court decisions. Courts will not turn to case decisions for law if a statute is directly in point.
由于普通法系统的传统，美国法律有4个基本来源：联邦和州宪法，美国国会和各州议会通过的成文法，判例法或者说法官制定的法律（基于法院判决的不成文法），以及统称为行政法的由各行政机关制定的规则和决议。但是，司法系统对不同渊源的法律确立了一套一般的先后顺序。宪法高于成文法，而成文法高于法院判决确定的普通法原则。如果某一成文法条直接适用，法院不会到判例中寻找法律依据。

federal
adj.Abbr. fed.（形容词）缩写 fed.
Of, relating to, or being a form of government in which a union of states recognizes the sovereignty of a central authority while retaining certain residual powers of government.
联邦的：一种政府组织形式的，在这种形式中联合各州确认一个至高无上的中央权力，同时保持一定的政府残留权力

Formulate, v.tr.
To state as or reduce to a formula.
使公式化：用公式表达或缩减为公式
To express in systematic terms or concepts.
用公式表述或简述：用系统的概念或术语阐述
To devise or invent:
规划或构想：
Eg. formulate strategy. 制定策略
To prepare according to a specified formula.
整理：根据特定的公式准备

Collectively: adj.共同的， 集体的， 集团的； 集体主义的

Priority, n.
Precedence, especially established by order of importance or urgency.
领先，优先：尤指按重要性或紧急程度的顺序建立的优先地位
An established right to precedence.
优先权：已获得的（或已被承认的）居先的权利
An authoritative rating that establishes such precedence.
建立这种居先地位的有权威的分级
A preceding or coming earlier in time.
在先，居前：在时间上居前或来得早
Something afforded or deserving prior attention.
优先考虑的事或值得优先注意的事

Prevail, v.intr.
To be greater in strength or influence; triumph:
获胜，占上风：力量或影响较大；胜利：

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Law: Definition, Classification, and Sources

What is law? Though we use the word "law" very often in our daily conversation, we use it in so many ways that there is no simple answer to this question.

Law has been defined as a set of rules that govern the actions of people in a community. These rules must be followed by citizens, and violation of these rules may give rise to a cause of action in the courts. This view sees law as a set of fixed principles known to lawyers and judges, ignorance of which excuses no one, not even the less knowledgeable or less affluent members of society.

Another view of law is that it is a method of establishing order by maintaining authority of a ruler over those governed. According to this view, law begins only when a coercive apparatus comes into existence to maintain control through enforcement of social norms. The control group need not be agents of a political entity, but may be labor, business, or church organizations. And the coercion can be psychological as well as physical.

Most observers, however, believe that law exists only in a formal setting that involves the legislative, judicial, and executive arms of a political body and its system. This view holds that although rules are an important part of the process, the emphasis is upon actions for the purpose of adherence to those rules. Law is thus defined as the formal means of social control that involves the use of rules that are interpreted, and are enforceable, by the courts of a political community. The hallmark of law is the obligation to act in line with norms authoritatively determined.

Laws may be classified in many ways. They are sometimes classified as substantive law and procedural law. The rules of law that are used to resolve disputes are referred to as substantive law. The legal procedures that determine how a lawsuit is begun, how the trial is conducted, how appeals are taken, and how a judgment is enforced are called procedural law. Substantive law defines rights, and procedural law establishes the procedures by which these rights are enforced and protected. For example, A and B have entered into an agreement, and A claims that B has breached the agreement. The rules that provide for bringing B into court and for the conduct of the trial are rather mechanical, and they constitute procedural law. Whether the agreement was enforceable and whether A is entitled to damages are matters of substance and would be determined on the basis of the substantive law of contracts.

Law is also frequently classified into public law and private law. Public law includes those bodies of law that affect the public generally. It can be further divided into constitutional law, administrative law and criminal law. Private law includes the areas of law that concern the relationships between individuals in an organized society. It covers the subjects of contracts, torts and property, each of which can be subdivided into several bodies of law. The law of torts is the primary source of litigation in America. It deals with wrongful acts against a person of his property and is based on the theory that in a civilized society, people who injure other persons of their property must compensate them for their loss.

Classification of law according to subject matter can often be difficult because the law is indeed a seamless web, and overlapping is inevitable if we divide it according to a clear-cut definition. Assume that a person is injured by a product he has purchased. The law of sales, even though a part of the law of contracts, contains several aspects that could best be labeled a branch of the law of torts. Therefore, it is apparent that even the general classification of contract and tort is not accurate in describing the subject matter of various bodies of law.

The phrase “sources of law” is often used to describe methods and procedures by which law is created and developed, or the origin from which particular laws derive their authority or coercive force.

Law in Western societies has developed along two lines. In the countries of continental Europe and those areas influenced by them, the governing law dates back to Roman law and is known as the civil law system. The law with which Americans are more familiar is known as the common law, which developed in English speaking countries.

The major difference between the two systems lies in the operation of the judicial processes. Adjudication under the civil law is made by the judge following principles originating from Roman law and embodied at present under an extensive code of law in effect in that particular country. The judge must apply the appropriate section of the code to the case in court. The common law, on the other hand, develops more through the decisions of judges applying prior decisions of courts to the new facts at hand. Under the common law system, a very substantial part of law is not to be found in statutes enacted by legislatures but rather in cases. A case once decided establishes a binding precedent to a certain extent, and will be followed by the courts when similar issues arise later. Although judges tend to focus more upon statutes or administrative rules these days, the fact that they still review past cases before making a decision shows that adherence to decided cases is still kept as a tradition in American courts.

Because of the common law tradition, American law comes from four basic sources: the federal and state constitutions, statutes made by the United States Congress and the legislatures of the various states, case law or judge-made law (uncodified law based on judicial decisions), and rules and decisions formulated by administrative agencies collectively known as administrative law. However, the judicial system has established a general priority among the various sources of law. Constitution prevails over statutes, and statutes prevail over common law principles established in court decisions. Courts will not turn to case decisions for law if a statute is directly in point.