- published: 24 Feb 2009
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An oral law is a code of conduct in use in a given culture, religion or community application, by which a body of rules of human behaviour is transmitted by oral tradition and effectively respected, or the single rule that is orally transmitted.
Many cultures have an oral law, while most contemporary legal systems have a formal written organisation. The oral tradition (from the Latin tradere = to transmit) is the typical instrument of transmission of the oral codes or, in a more general sense, is the complex of what a culture transmits of itself among the generations, "from father to son". This kind of transmission can be due to lack of other means, such as in illiterate or criminal societies, or can be expressly required by the same law.
There has been a continuous debate over oral versus written transmission, with the focus on the perceived higher reliability of written evidence, primarily based on the "linear world of academia" where only written down records are accepted. However, "standard" theories of orality and literacy have been proposed.
The Law is a system of rules and guidelines which are enforced through social institutions to govern behavior. Laws are made by governments, specifically by their legislatures. The formation of laws themselves may be influenced by a constitution (written or unwritten) and the rights encoded therein. The law shapes politics, economics and society in countless ways and serves as a social mediator of relations between people.
A general distinction can be made between civil law jurisdictions (including Canon and Socialist law), in which the legislature or other central body codifies and consolidates their laws and common law systems (including Sharia), where judge-made binding precedents are accepted. In some countries, religion may inform the law; for example, in jurisdictions that practice Islamic law, Jewish law or Canon law.
The adjudication of the law is generally divided into two main areas. Criminal law deals with conduct that is designated dishonest by the government and in which the guilty party may be imprisioned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with disputes between individuals or organizations, in which compensation may be awarded to the wronged litigant.