Description
A law is a type of rule made by specific authority which determines how one must act.
Types of law
There are three main types of law relevant to governance design:
- natural law: law assumed inherent in every person
- customary law: informal law developed through practice
- positive law: formalised, codified law.
Most of the laws controlling our actions today are positive law law codified or made explicit by humans. An employment contract is an example of positive law, as are other forms of private law. Positive law also includes public law such as regulation and criminal law.
Customary law refers to law which humans have not systematically expressed. Before the last two centuries, unwritten laws were a primary way humans peacefully interacted with one another.
Overview
A law differs from general "rule" due to its source of authority.
One might think an employee is bound by the laws of an employer's office. Although, what we really mean in this case is that the employer has rules which the employee is expected to follow.
An employment contract between the employee and employer, however, is law. Those laws, however, can require the employee to follow an employer's office rules.
The authority of the employment contract is the mutual consent between competent adults. This separates the nature of the contract from the nature of its obligations.
As such, while an employment contract is source of law, the employer's anti-harassment policies, quality assurance standards or preferred time for tea breaks are rules which may or may not be enforced using law.