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How do the laws differ from law?

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Anonymous

12y ago
Updated: 8/20/2019

Here, by the plural " laws" I assume that you mean the various, individual laws embodied in the forms of law, e.g., codes rules, regulations, and case law. The broader "law" on the other hand is the combination of all "laws" - it is the enforceable governmental norm that is always valid.

"Code" (or statute) for example, is one source of law, and the various code provisions may be called "laws." Other "laws" in the United States are found in regulations (rules passed in response to code by administrative agencies, e.g., through notice and comment), and binding judicial precedent ("case law"). There's also the law that comes from the nation's founding document, like the United States Constitution.

In practice, there is little difference between these sources of law. All of them can be binding and enforceable. However, there's also a hierarchy of the sources of law, which can change exactly how enforceable each one is. For example, the United States Code cannot overturn anything in the United States Constitution, and Agency Rules and Regulations cannot change anything in the United States Code. Finally, judicial precedent only seeks to clarify the impact and meaning of the Constitution, Code, and Regulations, and cannot change the Code itself unless it violates the Constitution, or the Regulations unless they violate the Code.

The essential difference between "laws" and "law" then, is that "the law" is always valid and enforceable, whereas individual "laws" might be INVALID or UNENFORCEABLE (e.g., if a law passed by Congress is unconstitutional).

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12y ago

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