Legal System of United States
Added on 2023-04-21
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Legal System of United States
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Definition of law
There have been several definitions of law by various authors. According to the positivistic
definition of law provided by John Austin, ‘Law is the aggregate set of rules set by a man as
politically superior or sovereign to men, as political subjects’. This definition provides that
law is a set of regulations and legislations that are to be provided by the people regardless of
their stature or economic status. Further, according to Hans Kelsen law can be said as a
normative science. According to the definition provided by Hans Kelsen, law does not
explain or describe the occurrence of something, that is, it does not describe what must
happen or occur. Rather than this, law defines certain rules and regulations that must be
abided by everyone living in the society or country (Pashukanis, 2017). Additionally, few
authors provided a sociological definition of law. The definition given by Rudolph Von
Ihering defines law as assurance or the guarantee by the power of constraint of the state,
regarding the lives existing in the society. In other words, as per this definition law is a form
of guarantee. Again, few authors provided realists definition of law in terms of judicial
processes. Oliver Wendell Holmes states that ‘law is a statement of the circumstances in
which public force will be brought to bear upon through courts’. Thus, it can be said that law
is basically defined as the set of legislations and rules which are required to be followed by
the people living in the country (Kelsen, 2017).
The American legal system
The United States of America (USA) follows a federal government system. It can be said that
federalism has different meanings for different people and there are different opinions for
federalism. However, a legal definition has been provided for a federal state. As per the
definition, a federal state can be called a composite state where the sovereignty is segregated
between central and local governments of the different states. It can be said as a union where
many states are involved and control of managing external relations is vested in the central
government (Thompson, 2017).
In the federal system or as the definition has been provided here, there is one key point that
must be understood about a federal system is that in this system there are two governments
segregated and they share the law making process or the sovereignty over the same region or
territory. The share in law making and the power of the governments is different in case of
different states and the central and local governments divide their law making powers
differently. For instance, in America, the laws and regulations of taxation are partially share
2
There have been several definitions of law by various authors. According to the positivistic
definition of law provided by John Austin, ‘Law is the aggregate set of rules set by a man as
politically superior or sovereign to men, as political subjects’. This definition provides that
law is a set of regulations and legislations that are to be provided by the people regardless of
their stature or economic status. Further, according to Hans Kelsen law can be said as a
normative science. According to the definition provided by Hans Kelsen, law does not
explain or describe the occurrence of something, that is, it does not describe what must
happen or occur. Rather than this, law defines certain rules and regulations that must be
abided by everyone living in the society or country (Pashukanis, 2017). Additionally, few
authors provided a sociological definition of law. The definition given by Rudolph Von
Ihering defines law as assurance or the guarantee by the power of constraint of the state,
regarding the lives existing in the society. In other words, as per this definition law is a form
of guarantee. Again, few authors provided realists definition of law in terms of judicial
processes. Oliver Wendell Holmes states that ‘law is a statement of the circumstances in
which public force will be brought to bear upon through courts’. Thus, it can be said that law
is basically defined as the set of legislations and rules which are required to be followed by
the people living in the country (Kelsen, 2017).
The American legal system
The United States of America (USA) follows a federal government system. It can be said that
federalism has different meanings for different people and there are different opinions for
federalism. However, a legal definition has been provided for a federal state. As per the
definition, a federal state can be called a composite state where the sovereignty is segregated
between central and local governments of the different states. It can be said as a union where
many states are involved and control of managing external relations is vested in the central
government (Thompson, 2017).
In the federal system or as the definition has been provided here, there is one key point that
must be understood about a federal system is that in this system there are two governments
segregated and they share the law making process or the sovereignty over the same region or
territory. The share in law making and the power of the governments is different in case of
different states and the central and local governments divide their law making powers
differently. For instance, in America, the laws and regulations of taxation are partially share
2
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