Why Law Is Very Important

Law is a little bit like air. It is everywhere 

and, without it, our society would not exist.

Yet, because law is so much a part of what 

we do, how we do it and, sometimes, why 

we do it, for the most part, we ignore the 

law … at least until something happens 

that makes us think Hey, that’s not 

right! For most people, the law is seen as 

something that only members of parliament, 

police officers, judges and lawyers need to 

know about it. Sure, the law has a high 

profile in books, movies, television shows 

and even songs (I fought the law (and the 

law won!)). But almost always, that legal 

context is crime. However, criminal law 

is only a part of the law.

What is law?

Law is a system of rules that allows 

our society to function. The law sets 

the framework for a great many of the 

interactions between members of our 

society (including legal creations like 

companies and trusts).

Each law can be broadly categorised by 

reference to what it seeks to achieve. For 

example, property law helps us determine 

what it means to own, lease or just 

possess property and how to transfer 

that property. Those property rights (and 

obligations) and the ability to enforce them 

frees us from the burden of always needing 

to physically hold on to our property.

Of course, the need for each law and 

where the law sits on the spectrum of 

possible applications, enforcement and 

consequences for breach changes as 

society changes, as time passes and as 

technology develops.

What if we didn’t have law?

Without law, life would be poor, nasty, 

brutish and short. Law gives us the 

framework for interaction. Without it, every 

aspect of each interaction would need to 

be identified, negotiated, agreed and 

enforced. The law significantly reduces 

the number of matters to be dealt with 

and provides the means to enforce such 

agreements.

Imagine if the law did not require that we 

drive on the left side of roads. Each road 

user would need to negotiate, and agree, 

with every other user which side to use. 

Where does law come from?

Our law is a combination of what our 

Parliament has enacted (statute law) and 

what judges in this country (and, in some 

cases, Britain) have said is the law (common 

law and equity) over hundreds of years.

So, what do lawyers do?

As a business lawyer, I use my legal 

knowledge and skills to help people 

achieve their business objectives: establish 

or buy their business, raise money (from 

lenders and investors), buy and sell goods 

and services, employ people, identify and 

manage risk (including which laws apply) 

and, eventually, sell those businesses. 

I get to help make positive things happen. 

Where to from here?

Over the next few months, my Auld Brewer 

colleagues and I will explain a range of 

our society’s key laws and legal concepts. 

If you misunderstand, misuse or just don’t 

know about such laws and concepts, 

then you, your family, your business and 

our society could all be worse off.