What is law? Your introduction to the field
By Zoya PatelPublished on
Considering studying law? This guide explores what the field looks like in Australia, the careers it can lead to, and the study options available if you’re ready to take your first step.
What is law?
Law is the set of rules that govern society, and that are enforced by governments and the legal system. Law defines how each of us is expected to behave in our communities, and outlines the consequences that apply if we don’t meet those expectations.
When we think about law, many of us immediately think about criminal law - what is legal and illegal, in terms of our actions and behaviours.
There are also a lot of other sources of law, many of which are so integrated into our day-to-day lives, that we might not even notice them.
Want to become a lawyer?
We explain the different routes you can take.
For example, consumer law, which guides what we can be sold and how, and the protections that apply to us when a business providing goods or services doesn’t meet those requirements.
Or civil law, which guides how we deal with disputes or disagreements between private individuals, or businesses – for example, if you disagree with your neighbour about who is responsible for repairing a shared amenities, or if you have a conflict between two businesses that doesn’t involve criminal behaviour.
In short, law is present in every aspect of our lives in some way or another, and this means that studying law, or working in law, can include a huge variety in topics or interest areas.
What is statutory law?
Statutory law is law that has been defined by an act of parliament and is enshrined in legislation.
What is common law?
Common law is created via the courts, when a case is argued and a judge decides an outcome that then sets a precedent.
What is the law in Australia?
The law in Australia is made up of legislation and common law both at a federal (whole of country) level, and at the state or territory level.
This includes laws that guide what is and isn’t legal in terms of personal behaviour, the way companies or organisations act, and what we can expect from our governments.
What does law involve?
Law can involve a lot of different things depending on the specific area of law you’re looking at, but broadly speaking it can be split into two main categories - public and private.
We’ve broken the categories of law down in more detail below:
Public law
Public law includes all legal frameworks that guide our public lives. This includes things like our constitution, the criminal codes, our human rights, and anything else that involves the systems that guide our lives.
Let’s look at that in more detail:
- Criminal law – These are the laws that define what is or isn’t a crime in our society, as well as how those crimes are punished. Criminal law informs how our police, courts and justice system work.
- Constitutional law – Our constitution is the legal framework that defines how Australia operates, including how our government is elected, how legislation is created, and how our democratic rights are created and protected.
- Human rights law – These laws protect our basic universal rights and freedoms, such as the right to free speech, to religion, to assembly and others.
Private law
Private law governs anything that relates to the individual, like how you buy and own property, get married, manage divorce, or interact with your employers.
This encompasses:
- Civil law – If you have a conflict with another person, or a business or entity, civil law is what sets out what rights and responsibilities each party has, and is used to settle disputes.
- Property law – The clue is in the title here! Property law sets out how we buy, sell and own property, as well as settle disputes relating to ownership. This isn’t just about real estate, but also sets out the laws around other forms of personal property.
- Family law – These laws govern how family relationships interact with other rights, conflicts and entitlements, for example, supporting couples going through divorce to manage custody agreements.
Why is law important?
Law is important for many reasons, including making sure our society is just and fair for all people. The meaning of law is basically ‘the rules that guide our actions’, and this comes into play in a number of important ways:
Law sets the standard for how we share common resources as a society
By laying out how we assign ownership to things like property, how we share common amenities like water, power and roads, how we contribute to the maintenance of these things through taxes, and many other rules for common society, law helps us create a fair and equal system for everyone to be part of.
Criminal law ensures fairness and transparency when a crime is committed
Through criminal law, we have a shared commitment to behaving in certain ways in society, and are aware of what the consequences and punishment is if someone breaks those rules. There are protections for both those accused of committing a crime and any victims.
Employment law protects our rights at work
Laws govern the way that we work, and protect employees from mistreatment from their employers, as well as vice versa. Employment law is a relatively young field of law, and is responsible for significant shifts in conditions for workers across all industries.
In the commercial sector, law helps businesses and individuals to fairly sell their goods and services
When we buy or sell goods or services, there are laws that inform how both customers and businesses behave. Consumer law is what protects us from false advertising, faulty purchases and other risks of buying things from private businesses.
Where can law take you?
Studying law can take you down many different career paths. A legal degree can be the first step in pursuing a career as a lawyer, barrister or prosecutor, but it can also lead to careers in policy, business, journalism, and more.
Read our guide to careers in law to understand the directions you can take.
How can you get started in law?
There are a number of pathways into studying law. The most common way most people get started is through an undergraduate or postgraduate law degree. This could be a Bachelor of Laws or a Juris Doctor. It really depends on what your experience is, and where you want law to take you.
There are ways to get started in studying law, including studying law online, regardless of if you’re fresh out of high school, switching careers, or have overseas qualifications that need to be transferred to an Australian context.
If you're ready to explore your options, these guides can help:
- Law degrees explained – Compare the different law qualifications available and where they can lead.
- Entry requirements for law degrees – Understand what study requirements you typically need to meet if you want to apply directly into a degree.
- Alternative pathways into university – Explore low-pressure ways to dip your toes into law.
- What it's really like to study law – Learn about what to expect from a law course, including the time commitment involved.
- How to study law online – Read about what flexible online law study is like and how it compares with on-campus learning.
Explore your study options through us
If learning more about law has sparked your interest, explore online law courses from leading Australian universities through Open Universities Australia.
Need help deciding where to start? Try Help Me Choose to get matched with course recommendations.
About the author
FAQs about law
Do you need to memorise lots of laws to understand law?
No, you don’t need to memorise lots of laws to understand or practice law. Law is really about having sound and well-developed critical reasoning skills, logic and the ability to apply principles, and understand case law.
What’s the difference between a law and a regulation?
The difference between a law and a regulation is that laws are the overarching governing rules, and regulations are more detailed, specific policies that lay out how the laws will be enforced. Regulations are designed to ensure people follow the laws, and to offer a framework for how this will be assessed and responded to.
Can law change over time?
Yes, law can and does change over time. Laws are created in a moment of time, and it’s necessary that they are reviewed and adjusted based on their real-world application. Laws can be repealed, overturned, or amended.
Can a law be challenged or overturned?
Yes, a law can be challenged or overturned. The most common way for this to happen is via legislation through Parliament. But a citizen can also challenge a law through the courts if they believe it is unjust.
Is law the same in every Australian state and territory?
Laws aren’t necessarily the same in every Australian state and territory. It depends on whether a law is federal – meaning it was created by the Federal Government and therefore applies across Australia – or local, which means it was created by the state/territory government and only applies in that state.
Is law more about rules or problem-solving?
Law is ultimately about rules, but practicing law can involve a lot of problem solving. That’s because the lived reality of law can often be more complex than the law itself may seem – for example, there may be intersections with other laws, or precedents that need to be considered. That’s why practicing law involves the ability to reason, critically assess issues and apply logic.
How hard is it to study law?
Studying law is not necessarily hard, though it does require significant commitment, and a strong work ethic. This is because there are specific requirements you need to meet when studying a law degree, which take time and often don’t have flexibility in how you meet these.
That said, there are lots of options to get started in law, and stepping stones to make the journey more manageable.
Read our guide to low-pressure entry pathways to understand what these are.
