Citizendia

For other uses, see Law (disambiguation).
Lady Justice or Justitia is a personification of the moral force that underlies the legal system. Her blindfold symbolises equality under the law through impartiality towards its subjects, the weighing scales represent the balancing of people's interests under the law, and her sword denotes the law's force of reason.
Lady Justice or Justitia is a personification of the moral force that underlies the legal system. "Lady Justice" or "Lord Justice" is also the title of judges on the Court of Appeal of England and Wales. Her blindfold symbolises equality under the law through impartiality towards its subjects, the weighing scales represent the balancing of people's interests under the law, and her sword denotes the law's force of reason. Equality before the law or equality under the law or legal egalitarianism is the principle under which each individual is subject to the same laws with no individual In the metaphysical or conceptual sense balance is used to mean a point between two opposite forces that is desirable over purely one state or the other such as a balance Reason involves the ability to think understand and draw Conclusions in an Abstract way as in Human thinking

Law[1] is a system of rules, usually enforced through a set of institutions. Institutions are structures and mechanisms of Social order and Cooperation governing the Behavior of a Set of Individuals [2] It shapes politics, economics and society in numerous ways. Politics Politics is the process by which groups of people make decisions Economics is the social science that studies the production distribution, and consumption of goods and services. A society is a Population of Humans characterized by patterns of relationships between individuals that share a distinctive Culture and Institutions Contract law regulates everything from buying a bus ticket to trading swaptions on a derivatives market. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law A swaption is an option granting its owner the right but not the obligation to enter into an underlying swap. Derivatives are Financial instruments whose values depend on the value of other underlying financial instruments Property law defines rights and obligations related to transfer and title of personal and real property, for instance, in mortgaging or renting a home. Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions Personal property is a type of Property. In the Common law systems personal property may also be called chattels or personalty. In the Common law, real property (or realty) refers to one of the two main classes of Property, the other class being Personal property ( Trust law applies to assets held for investment and financial security, such as pension funds. In Common law legal systems a trust is an arrangement whereby Property (including real tangible and intangible is managed by one person (or persons or organizations Tort law allows claims for compensation when someone or their property is injured or harmed. Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property is any physical or virtual entity that is owned by an individual If the harm is criminalised in a penal code, criminal law offers means by which the state prosecutes and punishes the perpetrator. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Constitutional law provides a framework for creating laws, protecting people's human rights, and electing political representatives. Constitutional law is the study of foundational or basic Laws of nation states and other political organizations Human rights refers to the "basic Rights and freedoms to which all humans are entitled An election is a Decision-making process by which a population chooses an individual to hold formal office Politics Politics is the process by which groups of people make decisions Administrative law relates to the activities of administrative agencies of government. Administrative law is the body of Law that governs the activities of administrative agencies of Government. International law regulates affairs between sovereign nation-states in everything from trade to the environment to military action. International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards For the online game see Jennifer Government NationStates. The nation-state is a certain form of State that derives its legitimacy Trade is the willing exchange of goods, services, or both Trade is also called Commerce. See also Natural environment The '''biophysical''' environment is the symbiosis between the physical environment and the Biological A military is an Organization authorized by its Nation to use force usually including use of Weapons in defending its Country (or by attacking "The rule of law", wrote the ancient Greek philosopher Aristotle in 350 BC, "is better than the rule of any individual. The rule of law, in its most basic form is the principle that no one is above the law The term ancient Greece refers to the period of Greek history lasting from the Greek Dark Ages ca Aristotle (Greek Aristotélēs) (384 BC – 322 BC was a Greek philosopher a student of Plato and teacher of Alexander the Great. "[3]

Legal systems around the world elaborate legal rights and responsibilities in different ways. The three major legal systems of the world today consist of civil law, Common law and Religious law. A right is a legal or moral Entitlement or Permission. Rights are of vital importance in theories of Justice and deontological ethics A basic distinction is made between civil law jurisdictions and systems using common law. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Some countries persist in basing their law on religious texts. In some Religions law can be thought of as the ordering principle of Reality; Knowledge as revealed by God defining and governing all human affairs Scholars investigate the nature of law through many perspectives, including legal history and philosophy, or social sciences such as economics and sociology. Legal history or the History of Law is the study of how law has evolved and why it changed Jurisprudence is the Theory and Philosophy of Law. Scholars of jurisprudence or legal philosophers hope to obtain a deeper understanding of the nature The social sciences comprise academic disciplines concerned with the study of the social life of human groups and individuals including Anthropology, Communication studies Law and Economics, or economic analysis of law is an approach to Legal theory that applies methods of Economics to law Sociology of law refers to both a sub-discipline of Sociology and an approach within the field of Legal studies. The study of law raises important questions about equality, fairness and justice, which are not always simple. Egalitarianism (derived from the French word égal, meaning equal) is a political doctrine that holds that all people should be treated as equals and have JUSTICE is a Human rights and law reform organisation based in the United Kingdom. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread. Anatole France (16 April 1844—12 October 1924 born François-Anatole Thibault, Anatole France studied at the Collège Stanislas and after graduation "[4] The most important institutions for law are the judiciary, the legislature, the executive, its bureaucracy, the military and police, the legal profession and civil society. In Law, the judiciary or judicial system is the system of Courts which administer Justice in the name of the sovereign or State A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. Bureaucracy is the structure and set of regulations in place to control activity usually in large organizations and government A military is an Organization authorized by its Nation to use force usually including use of Weapons in defending its Country (or by attacking Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning Society as opposed to the force-backed

Contents

Legal subjects

Though all legal systems must deal with similar issues, different countries often categorise and name legal subjects in different ways. Quite common is the distinction between "public law" subjects, which relate closely to the state (including constitutional, administrative and criminal law), and "private law" subjects (including contract, tort and property). Public law is a theory of law governing the relationship between Individuals ( Citizens companies) and the State. A state is a political association with effective Sovereignty over a geographic Area and representing a Population. Private law (Civil law is that part of a Legal system that involves relationships between individuals Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties [5] In civil law systems, contract and tort fall under a general law of obligations and trusts law is dealt with under statutory regimes or international conventions. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. The Law of Obligations is one of the component private law elements of the civil law system of Law. The Hague Convention of the Law Applicable to Trusts and on their Recognition was signed on 1 July, 1985 but came into force on 1 January, 1992 International, constitutional and administrative law, criminal law, contract, tort, property law and trusts are regarded as the "traditional core subjects",[6] although there are many further disciplines which might be of greater practical importance. International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards Constitutional law is the study of foundational or basic Laws of nation states and other political organizations Administrative law is the body of Law that governs the activities of administrative agencies of Government. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential In Common law legal systems a trust is an arrangement whereby Property (including real tangible and intangible is managed by one person (or persons or organizations Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society

International law

Main articles: Public international law, Conflict of laws, and European Union law
Providing a constitution for public international law, the United Nations was conceived during World War II.
Providing a constitution for public international law, the United Nations was conceived during World War II. Public international law concerns the structure and conduct of States and Intergovernmental organizations. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union (EU

In a global economy, law is globalising too. Globalization (or globalisation) in its literal sense is the process of transformation of local or regional phenomena into global ones International law can refer to three things: public international law, private international law or conflict of laws and the law of supranational organisations.

Constitutional and administrative law

Main articles: Constitutional law and Administrative law
The French Declaration of the Rights of Man and of the Citizen, whose principles still have constitutional value
The French Declaration of the Rights of Man and of the Citizen, whose principles still have constitutional value

Constitutional and administrative law govern the affairs of the state. Constitutional law is the study of foundational or basic Laws of nation states and other political organizations Administrative law is the body of Law that governs the activities of administrative agencies of Government. The Declaration of the Rights of Man and Citizen (Déclaration des droits de l'Homme et du citoyen is a fundamental document of the French Revolution, defining Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Constitutional law is the study of foundational or basic Laws of nation states and other political organizations In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation In Law, the judiciary or judicial system is the system of Courts which administer Justice in the name of the sovereign or State Human rights refers to the "basic Rights and freedoms to which all humans are entitled thumb| |Broken Liberty Istanbul Archaeology Museum Civil liberties are freedoms that protect the Individual from the Government. Most jurisdictions, like the United States and France, have a single codified constitution, with a Bill of Rights. The law of the United States was originally largely derived from the Common law system of English law, which was in force at the time of the Revolutionary In academic terms French law can be divided into two main categories private law (" droit privé " and public law (" droit public " A Bill of Rights is a list or summary of rights that are considered important and essential by a group of people A few, like the United Kingdom, have no such document. The United Kingdom has three Legal systems. English law, which applies in England and Wales, and Northern Ireland law, which applies in A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention. Body politic or body corporate and politic means a State or one of its subordinate Civil authorities, such as a Province, Prefecture A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. Case law' (also known as decisional law or judicial precedent) is that body of reported Judicial opinions in countries that have Common law Alternative meaning Constitutional convention (political meeting A constitutional convention is an informal and uncodified procedural agreement that is A case named Entick v. Carrington[10] illustrates a constitutional principle deriving from the common law. Entick v Carrington ( 1765) 19 Howell's State Trials 1030 is a leading case in English law establishing the Civil liberties Mr Entick's house was searched and ransacked by Sheriff Carrington. When Mr Entick complained in court, Sheriff Carrington argued that a warrant from a Government minister, the Earl of Halifax, was valid authority. George Montagu-Dunk 2nd Earl of Halifax, KG, PC ( 6 October 1716 &ndash 8 June 1771) was a British statesman of the Georgian However, there was no written statutory provision or court authority. The leading judge, Lord Camden, stated that,

"The great end, for which men entered into society, was to secure their property. Charles Pratt 1st Earl Camden ( baptised 21 March 1714 &ndash 18 April 1794) Lord Chancellor of Great Britain That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole… If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment. "

The fundamental constitutional principle, inspired by John Locke,[11] is that the individual can do anything but that which is forbidden by law, and the state may do nothing but that which is authorised by law. The Two Treatises of Government (or " Two Treatises of Government In the Former The False Principles and Foundation of Sir Robert Filmer And His Followers are Detected Administrative law is the chief method for people to hold state bodies to account. Administrative law is the body of Law that governs the activities of administrative agencies of Government. People can apply for judicial review of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law. Judicial review is the power of the courts to annul the acts of the executive and/or the legislative power where it finds them incompatible with a higher norm The first specialist administrative court was the Conseil d'État set up in 1799, as Napoleon assumed power in France. This article is about the present-day French institution For institutions with the same name during the Ancien Régime in France see Conseil du Roi. Napoleon Bonaparte (15 August 1769 – 5 May 1821 was a French military and political leader who had a significant impact on the History of Europe. This article is about the country For a topic outline on this subject see List of basic France topics. [12]

Criminal law

Main article: Criminal law
A depiction of a 1600s criminal trial, for witchcraft in Salem
A depiction of a 1600s criminal trial, for witchcraft in Salem

Criminal law is the body of law that defines criminal offences and the penalties for convicted offenders. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Witchcraft, in various historical anthropological religious and mythological contexts is the use of certain kinds of Supernatural or magical powers The Salem witch trials were a series of hearings before local magistrates followed by county court Trials to prosecute people accused of Witchcraft in Essex [13] Apprehending, charging, and trying suspected offenders is regulated by the law of criminal procedure. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. [14] The paradigm case of a crime lies in the proof, beyond reasonable doubt, that a person is guilty of two things. Burden of proof (onus probandi is the obligation to prove Allegations which are presented in a Legal action. First, the accused must commit an act which is deemed by society to be criminal, or actus reus (guilty act). Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved [15] Second, the accused must have the requisite malicious intent to do a criminal act, or mens rea (guilty mind). In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. However for so called "strict liability" crimes, which include cases like dangerous driving, proof of mens rea is not necessary. In Criminal law, strict liability is liability for which Mens rea ( Latin for "guilty mind" does not have to be proven in relation Reckless driving, in the United States, is a serious moving traffic violation. An actus reus is enough. [16]

Examples of different kinds of crime include murder, assault, fraud or theft. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, In the broadest sense a fraud is a Deception made for personal gain or to damage another individual In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given In exceptional circumstances, defences can exist to some crimes, such as killing in self defence, or pleading insanity. The right of self-defense (also called alter ego defense, defense of others, defense of a third person) is the right for civilians acting on their In Criminal trials the insanity defenses are possible defenses by Excuse, an Affirmative defense by which Defendants argue that Another example is in the 19th century English case of R v. Dudley and Stephens,[17] which tested a defence of "necessity". R v Dudley and Stephens ( 14 QBD 273 DC is a leading English criminal case that established a Precedent, throughout the Common law In Criminal law, necessity may be either a possible justification or an exculpation for breaking the Law. The Mignotte, sailing from Southampton to Sydney, sank. Southampton ( IPA /ˌsaʊθˈhæmptən/ is the largest city in the county of Hampshire, on the south coast of England Sydney (ˈsɪdniː is the most populous city in Australia, with a Metropolitan area population of approximately 4 Three crew members and a cabin boy were stranded on a raft. They were starving and the cabin boy was close to death. Driven to extreme hunger, the crew killed and ate the cabin boy. Cannibalism (from Spanish es ''caníbal'' in connection with cannibalism among the Antillean Caribs, also called anthropophagy (from Greek ἄνθρωπος The crew survived and were rescued, but put on trial for murder. They argued it was necessary to kill the cabin boy to preserve their own lives. Lord Coleridge, expressing immense disapproval, ruled, "to preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it. John Duke Coleridge 1st Baron Coleridge PC ( 3 December 1820 &ndash 14 June 1894) was a British lawyer judge and " The men were sentenced to hang, but public opinion, especially among seafarers, was outraged and overwhelmingly supportive of the crew's right to preserve their own lives. Hanging is the lethal suspension of a person by a ligature The Oxford English Dictionary states that hanging in this sense is "specifically to put to death In the end, the Crown commuted their sentences to six months in jail. The Royal Prerogative is a body of customary authority privilege and immunity recognised in Common law and sometimes in Civil law jurisdictions possessing a monarchy

Criminal law offences are viewed as offences against not just individual victims, but the community as well. [13] The state, usually with the help of police, takes the lead in prosecution, which is why in common law countries cases are cited as "The People v. …" or "R. (for Rex or Regina) v. List of current queens regnant A queen regnant (plural "queens regnant" is qualifying reference to a female Monarch possessing and exercising all of the monarchal …" Also, lay juries are often used to determine the guilt of defendants on points of fact: juries cannot change legal rules. A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them Some developed countries still condone capital punishment for criminal activity, but the normal punishment for a crime will be imprisonment, fines, state supervision (such as probation), or community service. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of FINE was created in 1998 and is an informal association of the four main Fair Trade networks F Fairtrade Labelling Organizations International Community service refers to service that a person performs for the benefit of his or her local Community. Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation, and rehabilitation. In Law, a sentence forms the final act of a Judge -ruled process and also the symbolic principal act connected to his function Rehabilitation means To restore to useful life as through therapy and education or To restore to good condition operation or capacity. [13] On the international field, 105 countries have signed the enabling treaty for the International Criminal Court, which was established to try people for crimes against humanity. The International Criminal Court ( ICC or ICCt) was established in 2002 as a permanent tribunal to prosecute individuals for Genocide, crimes against In Public international law, a crime against humanity is an act of Persecution or any large scale atrocities against a body of people and is the highest level of [18]

Contract law

Main article: Contract
The Carbolic Smoke Ball offer, which bankrupted the Co. because it could not fulfill the terms it advertised
The Carbolic Smoke Ball offer, which bankrupted the Co. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay their Creditors Creditors may file a bankruptcy petition against because it could not fulfill the terms it advertised

The concept of a "contract" is based on the Latin phrase pacta sunt servanda (agreements must be kept). Pacta sunt servanda ( Latin for "agreements must be kept" is a Brocard, a basic principle of civil law and of International law [19] Contracts can be simple everyday buying and selling or complex multi-party agreements. They can be made orally (e. g. buying a newspaper) or in writing (e. g. signing a contract of employment). Sometimes formalities, such as writing the contract down or having it witnessed, are required for the contract to take effect (e. The statute of frauds refers to the requirement that certain kinds of Contracts be made in writing and signed A witness is someone who has firsthand knowledge about a Crime or dramatic event through their Senses (e g. when buying a house). [20]

In common law jurisdictions, there are three key elements to the creation of a contract. These are offer and acceptance, consideration and an intention to create legal relations. Offer and acceptance analysis is a traditional approach in Contract law used to determine whether an agreement exists between two parties Consideration is a central concept in the Common law of Contracts and Contract theory: it is value paid for a promise For example, in Carlill v. Carbolic Smoke Ball Company[21] a medical firm advertised that its new wonder drug, the smokeball, would cure people's flu, and if it did not, the buyers would get £100. Carlill v Carbolic Smoke Ball Company 1 QB 256 is a leading judgment from the English Court of Appeal in the law of Contract. The Pound Sterling ( symbol £; ISO code: GBP) subdivided into 100 pence (singular penny) is the Currency Many people sued for their £100 when the drug did not work. Fearing bankruptcy, Carbolic argued the advert was not to be taken as a serious, legally binding offer. Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay their Creditors Creditors may file a bankruptcy petition against It was an invitation to treat, mere puff, a gimmick. Invitation to treat (or "bargain" in the US is a Contract law term But the court of appeal held that to a reasonable man Carbolic had made a serious offer. The reasonable person standard is often used legal term that originated in the development of the Common law. People had given good consideration for it by going to the "distinct inconvenience" of using a faulty product. Consideration is a central concept in the Common law of Contracts and Contract theory: it is value paid for a promise "Read the advertisement how you will, and twist it about as you will", said Lord Justice Lindley, "here is a distinct promise expressed in language which is perfectly unmistakable". Nathaniel Lindley Baron Lindley SL ( November 29, 1828 – December 9, 1921) English Judge, son of the botanist [21]

"Consideration" means all parties to a contract must exchange something of value to be able to enforce it. Some common law systems, like Australia, are moving away from consideration as a requirement for a contract. The law of Australia consists of the Australian Common law (which is based on the English common law) federal laws enacted by the Parliament The concept of estoppel or culpa in contrahendo can be used to create obligations during pre-contractual negotiations. Estoppel is a legal doctrine recognized both at Common law and in equity in various forms [22] In civil law jurisdictions, consideration is not a requirement for a contract at all. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. [23] In France, an ordinary contract is said to form simply on the basis of a "meeting of the minds" or a "concurrence of wills". In academic terms French law can be divided into two main categories private law (" droit privé " and public law (" droit public " Germany has a special approach to contracts, which ties into property law. The modern German legal system is a system of Law which is grounded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of Their 'abstraction principle' (Abstraktionsprinzip) means that the personal obligation of contract forms separately from the title of property being conferred. The abstraction principle or Abstraktionsprinzip is a legal term in German law relating to the Law of obligations ( Schuldrecht) and When contracts are invalidated for some reason (e. g. a car buyer is so drunk that he lacks legal capacity to contract)[24] the contractual obligation to pay can be invalidated separately from the proprietary title of the car. Unjust enrichment law, rather than contract law, is then used to restore title to the rightful owner. Unjust enrichment is a Legal term in English law and in several other jurisdictions denoting a particular type of causative event in which one party is [25]

Tort law

Main article: Tort
The "McLibel" two were involved in the longest running case in UK history for publishing a pamphlet criticising McDonald's restaurants
The "McLibel" two were involved in the longest running case in UK history for publishing a pamphlet criticising McDonald's restaurants

Torts, sometimes called delicts, are civil wrongs. Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties The McDonald's Restaurants v Morris & Steel, colloquially the McLibel case, was a long-running English court action for Libel Delict is a concept of civil law in which a willful wrong or an act of negligence gives rise to a legal obligation between parties even though there has been no contract To have acted tortiously, one must have breached a duty to another person, or infringed some pre-existing legal right. A simple example might be accidentally hitting someone with a cricket ball. Bolton v Stone [1951] AC 850 [1951] 1 All ER 1078 is a leading House of Lords case in the Tort of Negligence, establishing that [26] Under negligence law, the most common form of tort, the injured party could potentially claim compensation for his injuries from the party responsible. Negligence (Lat negligentia from negligere to neglect literally "not to pick up" is a legal concept in the Common law legal systems usually used to The principles of negligence are illustrated by Donoghue v. Stevenson. Donoghue (or M’Alister v Stevenson ( [1932] AC 562 1932 SC (H [27] A friend of Mrs Donoghue ordered an opaque bottle of ginger beer (intended for the consumption of Mrs Donoghue) in a café in Paisley. Ginger beer is a type of carbonated Soft drink or occasionally Alcoholic beverage flavored primarily with Ginger, Lemon and Paisley (Pàislig is a town and former Burgh in the west- Central Lowlands of Scotland. Having consumed half of it, Mrs Donoghue poured the remainder into a tumbler. The decomposing remains of a snail floated out. The word snail is a Common name that can be used for almost all members of the Molluscan class Gastropoda which have coiled shells in the She claimed to have suffered from shock, fell ill with gastroenteritis and sued the manufacturer for carelessly allowing the drink to be contaminated. The House of Lords decided that the manufacturer was liable for Mrs Donoghue's illness. The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords" Lord Atkin took a distinctly moral approach, and said,

"The liability for negligence… is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay… The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour? receives a restricted reply. James Richard Atkin Baron Atkin ( November 28, 1867 - June 25, 1944) was a Lawyer and Judge of Australian You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. "[28]

This became the basis for the four principles of negligence; (1) Mr Stevenson owed Mrs Donoghue a duty of care to provide safe drinks (2) he breached his duty of care (3) the harm would not have occurred but for his breach and (4) his act was the proximate cause, or not too remote a consequence, of her harm. In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a reasonable Standard of care while performing any acts In Tort, there can be no Liability in Negligence unless the Claimant establishes both that he or she was owed a duty of care by the defendant Causation is the "causal relationship between conduct and result For English law, see Causation in English law In the Law, a proximate cause is an event sufficiently related to a legally recognizable injury [27] Another example of tort might be a neighbour making excessively loud noises with machinery on his property. [29] Under a nuisance claim the noise could be stopped. Nuisance (through Fr noisance nuisance from Lat nocere to hurt is a Common law Tort. Torts can also involve intentional acts, such as assault, battery or trespass. For other uses of the term "Assault" please see Assault (disambiguation. At Common law, battery is the Tort of intentionally (or in Australia, negligently and voluntarily bringing about an unconsented harmful or offensive Trespass (Fr trespas a crime properly a stepping across from Lat A better known tort is defamation, which occurs, for example, when a newspaper makes unsupportable allegations that damage a politician's reputation. [30] More infamous are economic torts, which form the basis of labour law in some countries by making trade unions liable for strikes,[31] when statute does not provide immunity. Labour law (also known as employment or labor law is the body of Laws administrative rulings and precedents which address the legal rights of and restrictions [32]

Property law

Main article: Property law
A painting of the South Sea Bubble, one of the world's first ever speculations and crashes, led to strict regulation on share trading
A painting of the South Sea Bubble, one of the world's first ever speculations and crashes, led to strict regulation on share trading

Property law governs everything that people call 'theirs'. Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions For the Noel Coward play see South Sea Bubble (play. The South Sea Bubble of 1720 was an Economic bubble that occurred Speculation, in a financial context is making an investment that increases the overall risk in a portfolio Real property, sometimes called 'real estate' refers to ownership of land and things attached to it. In the Common law, real property (or realty) refers to one of the two main classes of Property, the other class being Personal property ( [33] Personal property, refers to everything else; movable objects, such as computers, cars, jewelry, and sandwiches, or intangible rights, such as stocks and shares. Personal property is a type of Property. In the Common law systems personal property may also be called chattels or personalty. In financial markets, a share is a Unit of account for various financial instruments including Stocks Mutual funds Limited partnerships A right in rem is a right to a specific piece of property, contrasting to a right in personam which allows compensation for a loss, but not a particular thing back. In rem is Latin for "in a thing" In a Lawsuit, an action in rem is directed towards some specific piece of property rather than being In personam (in purr-soh-nam from Latin for "directed toward a particular person Land law forms the basis for most kinds of property law, and is the most complex. It concerns mortgages, rental agreements, licences, covenants, easements and the statutory systems for land registration. A mortgage is the pledging of a property to a Lender as a security for a Mortgage loan. The verb license or grant license means to give permission The noun license is the document demonstrating that permission A covenant, in its most general sense is a solemn promise to engage in or refrain from a specified action For railroad track easement see Track transition curve. An easement is the right or freedom to do something or the right to prevent Regulations on the use of personal property fall under intellectual property, company law, trusts and commercial law. Intellectual property ( IP) is a legal field that refers to creations of the mind such as musical literary and artistic works inventions and symbols names Generally a company is a form of Business organization. The precise definition varies In Common law legal systems a trust is an arrangement whereby Property (including real tangible and intangible is managed by one person (or persons or organizations Commercial law (sometimes known as business law) is the body of Law which governs Business and commercial transactions An example of a basic case of most property law is Armory v. Delamirie. Armory v Delamirie ( 1722) KB 1 Strange 505 93 ER 664, is a famous English case on Personal property law and finder's rights [34] A chimney sweep's boy found a jewel encrusted with precious stones. A chimney sweep is a person who cleans Chimneys for a living History The occupation of chimney sweep is considered to be one of the oldest in the world as He took it to a goldsmith to have it valued. The goldsmith's apprentice looked at it, sneakily removed the stones, told the boy it was worth three halfpence and that he would buy it. The boy said he would prefer the jewel back, so the apprentice gave it to him, but without the stones. The boy sued the goldsmith for his apprentice's attempt to cheat him. Lord Chief Justice Pratt ruled that even though the boy could not be said to own the jewel, he should be considered the rightful keeper until the original owner is found. In fact the apprentice and the boy both had a right of possession in the jewel (a technical concept, meaning evidence that something could belong to someone), but the boy's possessory interest was considered better, because it could be shown to be first in time. In law possession is the control a person intentionally exercises toward a thing Physical possession is nine tenths of the law, but not all.

This case is used to support the view of property in common law jurisdictions, that the person who can show the best claim to a piece of property, against any contesting party, is the owner. [35] By contrast, the classic civil law approach to property, propounded by Friedrich Carl von Savigny, is that it is a right good against the world. Friedrich Carl von Savigny ( February 21, 1779 in Frankfurt am Main - 25 October, 1861 in Berlin) was one of the most respected Obligations, like contracts and torts are conceptualised as rights good between individuals. [36] The idea of property raises many further philosophical and political issues. Property is any physical or virtual entity that is owned by an individual The English philosopher John Locke argued that our "lives, liberties and estates" are our property because we own our bodies and mix our labour with our surroundings. John Locke (29 August 1632 – 28 October 1704 was an English Philosopher. The labor theory of property is a Natural law theory that holds that property originally comes about by the exertion of labor upon natural resources [37] The idea of privately owned property has been contentious in the view of a number of thinkers. Pierre Proudhon, an anarchist thinker, argued in 1840 that "property is theft". Pierre-Joseph Proudhon (ˈpruːd ɒn in British English, dɔ̃ in French) ( 15 January 1809 – 19 January 1865) was Anarchism is a Political philosophy encompassing theories and attitudes which support the elimination of all compulsory Government, i Property is theft! ( French: La propriété c'est le vol!) is a slogan coined by French anarchist Pierre-Joseph Proudhon in his 1840 book [38]

Equity and Trusts

Main articles: Equity (law) and Trust law
The Court of Chancery, London, early 19th century
The Court of Chancery, London, early 19th century

Equity is a body of rules that developed in England separately from the "common law". Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where In Common law legal systems a trust is an arrangement whereby Property (including real tangible and intangible is managed by one person (or persons or organizations The Court of Chancery was one of the courts of equity in England and Wales. The common law was administered by judges. The Lord Chancellor on the other hand, as the King's keeper of conscience, could overrule the judge made law if he thought it equitable to do so. The Lord High Chancellor of Great Britain, or Lord Chancellor is a senior and important functionary in the Government of the United Kingdom. [39] This meant equity came to operate more through principles than rigid rules. The maxims of equity evolved in Latin and eventually translated into English, as the principles applied by courts of equity in deciding cases For instance, whereas neither the common law nor civil law systems allow people to split the ownership from the control of one piece of property, equity allows this through an arrangement known as a 'trust'. 'Trustees' control property, whereas the 'beneficial' (or 'equitable') ownership of trust property is held by people known as 'beneficiaries'. Trustees owe duties to their beneficiaries to take good care of the entrusted property. [40] In the early case of Keech v. Sandford[41] a child had inherited the lease on a market in Romford, London. Keech v Sandford (1726 Sel Cas Ch61 All ER Rep 230 is a foundational case on the fiduciary duty of loyalty See also Leasing, Renting A lease is a Legal document, but can be an oral arrangement which confers a right on one person (called Romford Market is a large open market with 270 stalls located in Romford, London Borough of Havering, East London, England. Romford is a large suburban town in East London, England and the principal settlement of the London Borough of Havering. Mr Sandford was entrusted to look after this property until the child matured. But before then, the lease expired. The landlord had (apparently) told Mr Sandford that he did not want the child to have the renewed lease. Yet the landlord was happy (apparently) to give Mr Sandford the opportunity of the lease instead. Mr Sandford took it. When the child (now Mr Keech) grew up, he sued Mr Sandford for the profit that he had been making by getting the market's lease. Mr Sandford was meant to be trusted, but he put himself in a position of conflict of interest. A conflict of interest is a situation in which someone in a position of trust such as a Lawyer, Insurance adjuster, a Politician, executive or director The Lord Chancellor, Lord King, agreed and ordered Mr Sandford should disgorge his profits. Earl of Lovelace is a title in the Peerage of the United Kingdom. He wrote,

"I very well see, if a trustee, on the refusal to renew, might have a lease to himself few trust-estates would be renewed… This may seem very hard, that the trustee is the only person of all mankind who might not have the lease; but it is very proper that the rule should be strictly pursued and not at all relaxed. "[42]

Of course, Lord King LC was worried that trustees might exploit opportunities to use trust property for themselves instead of looking after it. Business speculators using trusts had just recently caused a stock market crash. For the Noel Coward play see South Sea Bubble (play. The South Sea Bubble of 1720 was an Economic bubble that occurred Strict duties for trustees made their way into company law and were applied to directors and chief executive officers. A chief executive officer ( CEO) or chief executive is typically the highest-ranking corporate officer ( executive) or administrator Another example of a trustee's duty might be to invest property wisely or sell it. [43] This is especially the case for pension funds, the most important form of trust, where investors are trustees for people's savings until retirement. A pension is a steady income given to a person upon Retirement, typically in the form of a guaranteed annuity. Retirement is the point where a person stops employment completely But trusts can also be set up for charitable purposes, famous examples being the British Museum or the Rockefeller Foundation. A charitable trust is a trust established for charitable purposes and is a more specific term than " charitable organisation " The British Museum is a Museum of human history and culture in London. The Rockefeller Foundation (RF is a prominent Philanthropic organization and Private foundation based at 420 Fifth Avenue New York City.

Further disciplines

Law spreads far beyond the core subjects into virtually every area of life. Three categories are presented for convenience, though the subjects intertwine and flow into one another.

Law and society
A trade union protest by UNISON while on strike
A trade union protest by UNISON while on strike
Law and commerce
The New York Stock Exchange trading floor
The New York Stock Exchange trading floor
Law and regulation
The New York Stock Exchange trading floor after the Wall Street Crash of 1929, before tougher banking regulation was introduced
The New York Stock Exchange trading floor after the Wall Street Crash of 1929, before tougher banking regulation was introduced

Legal systems

Main article: Legal systems of the world

In general, legal systems around the world can be split between civil law jurisdictions, on the one hand, and systems using common law and equity, on the other. The three major legal systems of the world today consist of civil law, Common law and Religious law. The term civil law, referring to a legal system, should not be confused with civil law as a group of legal subjects, as distinguished from criminal law or public law. Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which Public law is a theory of law governing the relationship between Individuals ( Citizens companies) and the State. A third type of legal system — still accepted by some countries in part, or even in whole — is religious law, based on scriptures and interpretations thereof. The specific system that a country follows is often determined by its history, its connection with countries abroad, and its adherence to international standards. The sources that jurisdictions recognise as authoritatively binding are the defining features of legal systems. Sources of law are the materials and processes out of which Law is developed Yet classification of different systems is a matter of form rather than substance, since similar rules often prevail.

Civil law

Main article: Civil law (legal system)
First page of the 1804 edition of the Napoleonic Code
First page of the 1804 edition of the Napoleonic Code

Civil law is the legal system used in most countries around the world today. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) is the French Civil code, established under In civil law the sources recognised as authoritative are, primarily, legislation – especially codifications in constitutions or statutes passed by government – and, secondarily, custom. In Law, codification is the process of collecting and restating the law of a Jurisdiction in certain areas usually by subject forming a Legal code. A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. [45] Codifications date back millennia, with one early example being the ancient Babylonian Codex Hammurabi, but modern civil law systems essentially derive from the legal practice of the Roman Empire, whose texts were rediscovered in medieval Europe. Archaeological material for the study of Babylonian law is singularly extensive The Code of Hammurabi ( Codex Hammurabi) is the best-preserved ancient Law code, created ca The Roman Empire was the post-Republican phase of the ancient Roman civilization, characterised by an autocratic form of government and large territorial Roman law in the days of the Roman Republic and Empire was heavily procedural, and there was no professional legal class. The Roman Republic was the phase of the ancient Roman civilization characterized by a Republican form of government a period which began with the overthrow of the [46] Instead a lay person, iudex, was chosen to adjudicate. Precedents were not reported, so any case law that developed was disguised and almost unrecognised. [47] Each case was to be decided afresh from the laws of the state, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. During the 6th century AD in the Eastern Roman Empire, the Emperor Justinian codified and consolidated the laws that had existed in Rome, so that what remained was one-twentieth of the mass of legal texts from before. Flavius Petrus Sabbatius Iustinianus ( Greek: Φλάβιος Πέτρος Σαββάτιος Ιουστινιανός; known in English as Justinian I or [48] This became known as the Corpus Juris Civilis. The Corpus Juris Civilis ("Body of Civil Law" is the modern name for a collection of fundamental works in Jurisprudence, issued from 529 As one legal historian wrote, "Justinian consciously looked back to the golden age of Roman law and aimed to restore it to the peak it had reached three centuries before. "[49] Western Europe, meanwhile, slowly slipped into the Dark Ages, and it was not until the 11th century that scholars in the University of Bologna rediscovered the texts and used them to interpret their own laws. This article is about the phrase "Dark Age(s" as a characterization of the Early Middle Ages in Western Europe The University of Bologna (Alma Mater Studiorum Università di Bologna UNIBO) is one of the oldest continually operating degree-granting universities in the world [50] Civil law codifications based closely on Roman law, alongside some influences from religious laws such as Canon law and Islamic law,[51][52] continued to spread throughout Europe until the Enlightenment; then, in the 19th century, both France, with the Code Civil, and Germany, with the Bürgerliches Gesetzbuch, modernised their legal codes. In some Religions law can be thought of as the ordering principle of Reality; Knowledge as revealed by God defining and governing all human affairs Canon law is internal ecclesiastical law governing the Roman Catholic Church, the Eastern Orthodox churches and the Anglican Communion of churches Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. The Age of Enlightenment or The Enlightenment is a term used to describe a phase in Western philosophy and cultural life centered upon the eighteenth century The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) is the French Civil code, established under The Bürgerliches Gesetzbuch (or BGB) is the Civil code of Germany. Both these codes influenced heavily not only the law systems of the countries in continental Europe (e. g. Greece), but also the Japanese and Korean legal traditions. Law of Japan was historically heavily influenced by Chinese law and developed independently during the Edo period through texts such as Kujikata Osadamegaki South Korea, officially the Republic of Korea and often referred to as Korea ( Korean: 대한민국 tɛː [53] Today countries that have civil law systems range from Russia and China to most of Central and Latin America. The primary and fundamental statement of laws in the Russian Federation is the Constitution of the Russian Federation. Law of the People's Republic of China is the legal regime of the People's Republic of China, with the separate legal traditions and systems of Mainland China, The Law of South America is one of the most unified in the world [54]

Common law and equity

Main article: Common law
King John of England signs Magna Carta
King John of England signs Magna Carta

Common law and equity are systems of law whose special distinction is the doctrine of precedent, or stare decisis (Latin for "to stand by decisions"). Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Stare decisis is a common law doctrine under which judges are obligated to follow the precedents established in prior decisions Alongside this "judge-made law", common law systems always have governments who pass new laws and statutes. But these are not put into a codified form. Common law comes from England and was inherited by almost every country that once belonged to the British Empire, with the exceptions of Malta, Scotland, the U. The British Empire was the largest empire in history and for over a century was the foremost global power. Malta, officially the Republic of Malta (Repubblika ta' Malta is a European Microstate, comprising an Archipelago of three islands Scots law is a unique legal system with an ancient basis in Roman law. S. state of Louisiana and the Canadian province of Quebec. Law in the State of Louisiana is based in part on civil law. Louisiana is the only U Quebec law is unique in Canada because Quebec is the only province in Canada to have a civil law system Common law had its beginnings in medieval England, influenced by the Norman conquest of England which introduced legal concepts and institutions from the Norman and Islamic laws. Norman law refers to the customary law of Normandy which developed between the 10th and 13th centuries following the establishment of the Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. [52] Common law further developed when the English monarchy had been weakened by the enormous cost of fighting for control over large parts of France. King John had been forced by his barons to sign a document limiting his authority to pass laws. John (24 December 1167 &ndash 19 October 1216 reigned as a King of England from 6 April 1199 until his death This "great charter" or Magna Carta of 1215 also required that the King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. Magna Carta ( Latin for Great Charter, literally " Great Paper " also called Magna Carta Libertatum ( Great Charter of Freedoms [55] A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges, the English Court of Common Pleas had five. The Court of Common Pleas, also known as the Common Bench, was a Common law court in the English legal system. [56] This powerful and tight-knit judiciary gave rise to a rigid and inflexible system of common law. [57] As a result, as time went on, increasing numbers of citizens petitioned the King to override the common law, and on the King's behalf the Lord Chancellor gave judgment to do what was equitable in a case. The Lord High Chancellor of Great Britain, or Lord Chancellor is a senior and important functionary in the Government of the United Kingdom. From the time of Sir Thomas More, the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery. Sir Thomas More (7 February 1478 – 6 July 1535 from 1935 Saint Thomas More, was an English Lawyer, author and statesman who in his lifetime gained Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where The Court of Chancery was one of the courts of equity in England and Wales. At first, equity was often criticised as erratic, that it "varies like the Chancellor's foot". But over time it developed solid principles, especially under Lord Eldon. The maxims of equity evolved in Latin and eventually translated into English, as the principles applied by courts of equity in deciding cases John Scott 1st Earl of Eldon ( 4 June 1751 &ndash 13 January 1838) Lord High Chancellor of Great Britain, was born in [58] In the 19th century the two systems were fused into one another. In developing the common law and equity, academic authors have always played an important part. William Blackstone, from around 1760, was the first scholar to describe and teach it. Sir William Blackstone (originally pronounced Blexstun ( 10 July 1723 &ndash 14 February 1780) was an English Jurist and [59] But merely in describing, scholars who sought explanations and underlying structures slowly changed the way the law actually worked. [60]

Religious law

Main article: Religious law
A trial in the Ottoman Empire, 1879, when religious law applied under the Mecelle
A trial in the Ottoman Empire, 1879, when religious law applied under the Mecelle

Religious law refers to the notion that the word of God is law. In some Religions law can be thought of as the ordering principle of Reality; Knowledge as revealed by God defining and governing all human affairs The Mecelle code (also transliterated Mejelle, Majalla, Medjelle, or Meğelle) was the Civil code of the Ottoman Empire Examples include the Jewish Halakha and Islamic Sharia, both of which mean the "path to follow". Judaism (from the Greek Ioudaïsmos, derived from the Hebrew יהודה Yehudah, " Judah " in Hebrew יַהֲדוּת Yahedut Halakha ( הלכה; alternative transliterations include Halocho and Halacha) is the collective body of Jewish Religious law For other meanings including people named 'Islam' see Islam (disambiguation. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. Christian canon law also survives in some church communities. Christianity ( Greek Χριστιανισμός from the word Xριστός ( Christ)is a monotheistic Religion centered on the life and teachings Canon law is internal ecclesiastical law governing the Roman Catholic Church, the Eastern Orthodox churches and the Anglican Communion of churches The implication of religion for law is unalterability, because the word of God cannot be amended or legislated against by judges or governments. However religion never provides a thorough and detailed legal system. For instance, the Quran has some law, and it acts merely as a source of further law through interpretation,[61] Qiyas (reasoning by analogy), Ijma (consensus) and precedent. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran In Sunni Islamic jurisprudence,the qiyas ( Arabic قياس is the process of analogical reasoning in which the teachings of the Quran are compared Ijmā (إجماع is an Arabic term referring ideally to the Consensus of the Ummah (the community of Muslims, or followers of Islam In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively, which had a fairly significant influence on the development of common law,[52] as well as some influence on civil law. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. [51] Another example is the Torah or Old Testament, in the Pentateuch or Five Books of Moses. term " Torah " ( Hebrew: תּוֹרָה "teaching" or "instruction" sometimes translated as "Law" most commonly refers to In Western Christianity, the Old Testament refers to the books that form the first of the two-part Christian Biblical canon. This contains the basic code of Jewish law, which some Israeli communities choose to use. The Halakha is a code of Jewish law which summarises some of the Talmud's interpretations. Halakha ( הלכה; alternative transliterations include Halocho and Halacha) is the collective body of Jewish Religious law Nevertheless, Israeli law allows litigants to use religious laws only if they choose. Law of Israel combines Common law and civil law. Sources of Israeli law Israeli law draws on the following sources The Mecelle In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy Canon law is only in use by members of the clergy in the Roman Catholic Church, the Eastern Orthodox Church and the Anglican Communion. The Eastern Orthodox Church is the second largest single Christian Communion in the world See also Anglicanism The Anglican Communion is an international association of national Anglican churches

Until the 18th century, Sharia law was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire's Mecelle code in the 19th century being first attempt at codifying elements of Sharia law. The term Muslim world (or Islamic world) has several meanings The Ottoman Empire (1299–1923 ( Old Ottoman Turkish: دولتْ علیّه عثمانیّه Devlet-i Âliye-yi Osmâniyye, Late Ottoman and Modern Turkish The Mecelle code (also transliterated Mejelle, Majalla, Medjelle, or Meğelle) was the Civil code of the Ottoman Empire In Law, codification is the process of collecting and restating the law of a Jurisdiction in certain areas usually by subject forming a Legal code. Since the mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions. [62] In modern times, Sharia is merely an optional supplement to the civil or common law of most countries, though Saudi Arabia and Iran's whole legal systems source their law on a codified form of Sharia. The Kingdom of Saudi Arabia, KSA ( المملكة العربية السعودية, al-Mamlaka al-ʻArabiyya as-Suʻūdiyya) or Suudi For a topic outline on this subject see List of basic Iran topics. In Law, codification is the process of collecting and restating the law of a Jurisdiction in certain areas usually by subject forming a Legal code. During the last few decades, one of the fundamental features of the movement of Islamic resurgence has been the call to restore the Sharia, which has generated a vast amount of literature and affected world politics. Islamic revival refers to a revival of the Islamic religion throughout the Islamic world, that began roughly sometime in 1970s and is manifested in greater religious World Politics is an Academic journal founded in 1948. It publishes articles from all subdisciplines of political science [63]

Jurisdictions

Though the legal traditions described have resulted in a number of common traits across jurisdictions, each sovereign entity can have unique aspects. The lists below link to articles on individual jurisdictions, organised by geography. Geography (from Greek γεωγραφία - geografia) is the study of the Earth and its lands features inhabitants and phenomena

Legal theory

History of law

Main article: Legal history
King Hammurabi is revealed the code of laws by the Mesopotamian sun god Shamash, also revered as the god of justice.
King Hammurabi is revealed the code of laws by the Mesopotamian sun god Shamash, also revered as the god of justice. Legal history or the History of Law is the study of how law has evolved and why it changed Hammurabi ( Akkadian from Amorite ˤAmmurāpi, "the kinsman is a healer" from ˤAmmu, "paternal kinsman" and Rāpi The Code of Hammurabi ( Codex Hammurabi) is the best-preserved ancient Law code, created ca For the Canaanite sun godess see Shemesh Shamash was the common Akkadian name of the Sun-god and god of justice in Babylonia

The history of law is closely connected to the development of civilizations. A Civilization is a society in which large numbers of people share a variety of common elements Ancient Egyptian law, dating as far back as 3000 BCE, had a civil code that was probably broken into twelve books. Ancient Egypt was an Ancient Civilization in eastern North Africa, concentrated along the lower reaches of the Nile River in what is now It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. Maat or Mayet, thought to have been pronounced as *Muʔʕat (Muh-aht was the Ancient Egyptian concept of Truth, balance order— Law Rhetoric has had many definitions no simple definition can do it justice [64] By the 22nd century BC, Ur-Nammu, an ancient Sumerian ruler, formulated the first law code, consisting of casuistic statements ("if. Ur-Nammu (or Ur-Namma, Ur-Engur, Ur-Gur, ca 2112-2095 BC Middle chronology) founded the Sumerian 3rd dynasty of Ur The Code of Ur-Nammu is the oldest known tablet containing a Law code surviving today . . then. . . "). Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi ( Akkadian from Amorite ˤAmmurāpi, "the kinsman is a healer" from ˤAmmu, "paternal kinsman" and Rāpi Archaeological material for the study of Babylonian law is singularly extensive Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; this became known as the Codex Hammurabi. A stele (from Greek:, stēlē, ˈstiːli plural stelae,, stēlai, ˈstiːlaɪ also found Latinised singular stela The Code of Hammurabi ( Codex Hammurabi) is the best-preserved ancient Law code, created ca The most intact copy of these stelae was discovered in the 19th century by British Assyriologists, and has since been fully transliterated and translated into various languages, including English, German, and French. Transliteration is the practice of Transcribing a Word or text written in one Writing system into another writing system or system of rules for such practice The German language (de ''Deutsch'') is a West Germanic language and one of the world's major languages. French ( français,) is a Romance language spoken around the world by 118 million people as a native language and by about 180 to 260 million people

The Old Testament is probably the oldest body of law still relevant for modern legal systems, dating back to 1280 BCE. In Western Christianity, the Old Testament refers to the books that form the first of the two-part Christian Biblical canon. It takes the form of moral imperatives, as recommendations for a good society. Ancient Athens, the small Greek city-state, was the first society based on broad inclusion of the citizenry, excluding women and the slave class from about 8th century BCE. The History of Athens is one of the longest of any city in Europe and in the world The term ancient Greece refers to the period of Greek history lasting from the Greek Dark Ages ca As a social-economic system slavery is a legal institution under which a Person (called "a slave" is compelled to work for another Athens had no legal science, and Ancient Greek has no word for "law" as an abstract concept. [65] Yet Ancient Greek law contained major constitutional innovations in the development of democracy. Ancient Greek law is a branch of comparative jurisprudence relating to the laws and legal institutions of Ancient Greece. The Constitution of the Athenians (or Athenaion Politeia, or The Athenian constitution) is the name of either of two texts from Classical antiquity one Athenian democracy developed in the Greek City-state of Athens [66]

Roman law was heavily influenced by Greek teachings. Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting [67] It forms the bridge to the modern legal world, over the centuries between the rise and decline of the Roman Empire. The Roman Empire was the post-Republican phase of the ancient Roman civilization, characterised by an autocratic form of government and large territorial [68] Roman law underwent major codification in the Corpus Juris Civilis of Emperor Justinian I. The Corpus Juris Civilis ("Body of Civil Law" is the modern name for a collection of fundamental works in Jurisprudence, issued from 529 Flavius Petrus Sabbatius Iustinianus ( Greek: Φλάβιος Πέτρος Σαββάτιος Ιουστινιανός; known in English as Justinian I or It was lost through the Dark Ages, but rediscovered around the 11th century. This article is about the phrase "Dark Age(s" as a characterization of the Early Middle Ages in Western Europe Mediæval legal scholars began researching the Roman codes and using their concepts. In mediæval England, the King's powerful judges began to develop a body of precedent, which became the common law. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive But also, a Europe-wide Lex Mercatoria was formed, so that merchants could trade using familiar standards, rather than the many splintered types of local law. The Law Merchant is a legal system used by merchants in medieval Europe, including England. The Lex Mercatoria, a precursor to modern commercial law, emphasised the freedom of contract and alienability of property. [69] As nationalism grew in the 18th and 19th centuries, Lex Mercatoria was incorporated into countries' local law under new civil codes. The term nationalism can refer to an Ideology, a sentiment, a form of Culture, or a Social movement that focuses on the Nation The French Napoleonic Code and the German became the most influential. The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) is the French Civil code, established under The Bürgerliches Gesetzbuch (or BGB) is the Civil code of Germany. As opposed to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and for judges to apply. However, today there are signs that civil and common law are converging. European Union law is codified in treaties, but develops through the precedent laid down by the European Court of Justice. The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union (EU This article refers to the European Union court not the European Court of Human Rights of the Council of Europe The Court of Justice

The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words.
The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words. The Constitution of India ( Hindi: भारतीय़ संविधान see names in other Indian languages) is the supreme law of India.

Ancient India and China represent distinct traditions of law, and had historically independent schools of legal theory and practice. This article is about the history of South Asia prior to the Partition of British India in 1947 Chinese civilization originated in various city-states along the Yellow River ( valley in the Neolithic era The Arthashastra, probably compiled around 100 AD (though containing some older material), and the Manusmriti(c. The Arthashastra ( IAST: Arthaśāstra) is a Treatise on statecraft, economic policy and Military strategy which The Manu Smriti ( Sanskrit: मनुस्मृति is a work of Hindu law and ancient Indian society 100-300 AD) were foundational treatises in India, texts that were considered authoritative legal guidance. [70] Manu's central philosophy was tolerance and Pluralism, and was cited across Southeast Asia. Pluralism is in the general sense the acknowledgment of diversity [71] This Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire. Hinduism is a religious tradition that originated in the Indian subcontinent. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. The British Empire was the largest empire in history and for over a century was the foremost global power. [72] Malaysia, Brunei, Singapore and Hong Kong also adopted the common law. For the biogeographical region see Malesia Malaysia (məˈleɪʒə or /məˈleɪziə/ is a country that consists of thirteen states and Brunei Darussalam, (bruːˈnaɪ in English officially the State of Brunei Abode of Peace (Negara Brunei Darussalam Jawi: برني دارالسلام The legal system of Singapore is based on the English common law system The eastern Asia legal tradition reflects a unique blend of secular and religious influences. [73] Japan was the first country to begin modernising its legal system along western lines, by importing bits of the French, but mostly the German Civil Code. For a topic outline on this subject see List of basic Japan topics. The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) is the French Civil code, established under [74] This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Ch'ing dynasty in the form of six private law codes based mainly on the Japanese model of German law. Traditional Chinese law refers to the laws regulations and rules used in China up to 1911 when the last imperial dynasty fell Not to be confused with Qin Dynasty, the first dynasty of Imperial China [75] Today Taiwanese law retains the closest affinity to the codifications from that period, because of the split between Chiang Kai-shek's nationalists, who fled there, and Mao Zedong's communists who won control of the mainland in 1949. The Law of the Republic of China is the legal regime of the Republic of China (also known as Taiwan) Chiang Kai-shek ( POJ: Chiúⁿ Kài-se̍k Jyutping: zoeng2gaai3sek6 GCB ( October 31, 1887 &ndash Mao Zedong ( 26 December 1893 – 9 September 1976) was a Chinese Military and political leader who led The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law, which essentially inflates administrative law at the expense of private law rights. Talk People's Republic of China) PEOPLE'S REPUBLIC OF CHINA ARTICLE GUIDELINES The Union of Soviet Socialist Republics (USSR was a constitutionally Socialist state that existed in Eurasia from 1922 to 1991 Socialist law is the official name of the Legal system used in Communist states It is based on the civil law system with major modifications and additions [76] Today, however, because of rapid industrialisation China has been reforming, at least in terms of economic (if not social and political) rights. A new contract code in 1999 represented a turn away from administrative domination. [77] Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organisation. [78]

Philosophy of law

Main article: Jurisprudence
See also: Political philosophy
"But what, after all, is a law? […] When I say that the object of laws is always general, I mean that law considers subjects en masse and actions in the abstract, and never a particular person or action. Jurisprudence is the Theory and Philosophy of Law. Scholars of jurisprudence or legal philosophers hope to obtain a deeper understanding of the nature Political philosophy is the study of questions about the City, Government, Politics, Liberty, Justice, Property, Rights […] On this view, we at once see that it can no longer be asked whose business it is to make laws, since they are acts of the general will; nor whether the prince is above the law, since he is a member of the State; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are but registers of our wills. "
Jean-Jacques Rousseau, The Social Contract, II, 6. The Social Contract Or Principles of Political Right (1762 by Jean-Jacques Rousseau, is the book in which Rousseau theorized about Social contracts [79]

The philosophy of law is also known as jurisprudence. Philosophy is the study of general problems concerning matters such as existence knowledge truth beauty justice validity mind and language Normative jurisprudence is essentially political philosophy and asks "what should law be?". Political philosophy is the study of questions about the City, Government, Politics, Liberty, Justice, Property, Rights Analytic jurisprudence, on the other hand, is a distinctive field which asks "what is law?". An early famous philosopher of law was John Austin, a student of Jeremy Bentham and first chair of law at the new University of London from 1829. John Austin (1790 - 1859 was a noted British Jurist and published extensively concerning the philosophy of law and Jurisprudence. Jeremy Bentham ( IPA: or) (15 February 1748&ndash6 June 1832 was an English Jurist, Philosopher, and legal and Social reformer The University of London is a university based primarily in London, England, UK. Austin's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". Utilitarianism is the idea that the moral worth of an action is solely determined by its contribution to overall Utility, that is its contribution to happiness [80] This approach was long accepted, especially as an alternative to natural law theory. Natural law or the law of nature ( Latin: lex naturalis) is a theory that posits the existence of a law whose content is set by Nature and that Natural lawyers, such as Jean-Jacques Rousseau, argue that human law reflects essentially moral and unchangeable laws of nature. Morality (from the Latin la moralitas "manner character proper behavior" has three principal meanings Immanuel Kant, for instance, believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature". Immanuel Kant (ɪmanuəl kant 22 April 1724 12 February 1804 was an 18th-century German Philosopher from the Prussian city of Königsberg [81] Austin and Bentham, following David Hume, thought this conflated what "is" and what "ought to be" the case. David Hume (26 April 1711 25 August 1776 Scottish Philosopher, Economist, and Historian is an important figure in Western philosophy In Meta-ethics, the is-ought problem was raised by David Hume ( Scottish Philosopher and Historian, 1711 &ndash They believed in law's positivism, that real law is entirely separate from "morality". Legal positivism is a school of thought in Jurisprudence and the Philosophy of law. [82] Kant was also criticised by Friedrich Nietzsche, who believed that law emanates from The Will to Power and cannot be labelled as "moral" or "immoral". Friedrich Wilhelm Nietzsche (October 15 1844 August 25 1900 ( was a nineteenth-century German philosopher and classical philologist [83] Thus, Nietzsche criticised the principle of equality, and believed that law should be committed to freedom to engage in will to power. [84]

In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law. Hans Kelsen ( October 11, 1881 – April 19, 1973) was an Austrian American Jurist. Pure Theory of Law (1934 is a book by legal theorist Hans Kelsen. [85] Kelsen believed that though law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. Whilst laws are positive "is" statements (e. g. the fine for reversing on a highway is €500), law tells us what we "should" do (i. Please update other articles as well to avoid contradiction within Wikipedia e e. not drive backwards). So every legal system can be hypothesised to have a basic norm (Grundnorm) telling us we should obey the law. Basic norm ( Grundnorm) is a concept created by Hans Kelsen, a Jurist and legal philosopher. Carl Schmitt, Kelsen's major intellectual opponent, rejected positivism, and the idea of the rule of law, because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Carl Schmitt ( July 11 1888 April 7 1985) was a German Jurist, Political theorist, and professor of Law The rule of law, in its most basic form is the principle that no one is above the law [86] Therefore, Schmitt advocated a jurisprudence of the exception (state of emergency), which denied that legal norms could encompass of all political experience. A state of emergency is a governmental declaration that may suspend certain normal functions of government alert citizens to alter their normal behaviors or order government agencies [87]

Bentham's utilitarian theories remained dominant in law until the 20th century.
Bentham's utilitarian theories remained dominant in law until the 20th century.

Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fictions in The Concept of Law. Herbert Lionel Adolphus Hart (1907-1992 was an influential English-speaking legal philosopher of the twentieth century. The Concept of Law (ISBN 0-19-876122-8 is the most famous work of the legal philosopher H [88] As the chair of jurisprudence at Oxford University, Hart argued law is a "system of rules". The University of Oxford (informally "Oxford University" or simply "Oxford" located in the city of Oxford, Oxfordshire, England is the Rules, said Hart, are divided into primary rules (rules of conduct) and secondary rules (rules addressed to officials to administer primary rules). Secondary rules are divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students have continued the debate since. Ronald Dworkin was his successor in the Chair of Jurisprudence at Oxford and his greatest critic. Ronald Dworkin, QC, FBA (born December 11, 1931) is an American Legal philosopher, currently professor of Jurisprudence In his book Law's Empire, Dworkin attacked Hart and the positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an "interpretive concept",[89] that requires judges to find the best fitting and most just solution to a legal dispute, given their constitutional traditions. Interpretivism is a school of thought in contemporary Jurisprudence and the Philosophy of law. Joseph Raz, on the other hand, has defended the positivist outlook and even criticised Hart's 'soft social thesis' approach in The Authority of Law. Joseph Raz (יוסף רז born 1939) is an influential legal, moral and political Philosopher. [90] Raz argues that law is authority, identifiable purely through social sources, without reference to moral reasoning. Any categorisation of rules beyond their role as authoritative dispute mediation is best left to sociology, rather than jurisprudence. Sociology (from Latin: socius "companion" and the suffix -ology "the study of" from Greek λόγος lógos "knowledge" [91]

Economic analysis of law

Main article: Law and economics
Richard Posner, one of the Chicago School, runs a blog with Bank of Sweden Prize winning economist Gary Becker.
Richard Posner, one of the Chicago School, runs a blog with Bank of Sweden Prize winning economist Gary Becker. Law and Economics, or economic analysis of law is an approach to Legal theory that applies methods of Economics to law Richard Allen Posner (born January 11 1939 in New York City) is currently a judge on the United States Court of Appeals for the Seventh Circuit in Chicago The Nobel Memorial Prize in Economic Sciences, officially named The Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel (Sveriges riksbanks pris i ekonomisk Gary Stanley Becker (born December 2, 1930) is an American Economist and a Nobel laureate. [92]

Economic analysis of law is an approach to legal theory that incorporates and applies the methods and ideas of economics to law. Economics is the social science that studies the production distribution, and consumption of goods and services. The discipline arose partly out of a critique of trade unions and U. S. antitrust law. The most influential proponents, such as Richard Posner and Oliver Williamson and the so-called Chicago School of economists and lawyers including Milton Friedman and Gary Becker, are generally advocates of deregulation and privatisation, and are hostile to state regulation or what they see as restrictions on the operation of free markets. Richard Allen Posner (born January 11 1939 in New York City) is currently a judge on the United States Court of Appeals for the Seventh Circuit in Chicago Oliver Eaton Williamson (born September 27, 1932) is a prominent author in the area of Transaction cost economics a student of Ronald Coase, Milton Friedman (July 31 1912 November 16 2006 was an American Nobel Laureate Economist and Public intellectual. Gary Stanley Becker (born December 2, 1930) is an American Economist and a Nobel laureate. Deregulation, a term which gained widespread currency in the period 1970-2000 can be seen as a process by which governments remove reduce or simplify Restrictions on Business Privatization is the incidence or process of transferring ownership of business from the Public sector (government to the Private sector (business A free market is a Market in which property rights are voluntarily exchanged at a price arranged completely by the mutual consent of sellers and buyers [93]

The most prominent economic analyst of law is 1991 Nobel Prize winner Ronald Coase. The Nobel Memorial Prize in Economic Sciences, officially named The Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel (Sveriges riksbanks pris i ekonomisk Ronald Harry Coase (born December 29, 1910) is a British Economist and the Clifton R His first major article, The Nature of the Firm (1937), argued that the reason for the existence of firms (companies, partnerships, etc. The Nature of the Firm is a brief but highly influential essay by Ronald Coase that offers an economic explanation of why individuals choose to form partnerships Corporate law (also "company" or "corporations" law is the Law of the most dominant kind of business enterprise in the modern world ) is the existence of transaction costs. In Economics and related disciplines a transaction cost is a Cost incurred in making an economic exchange [94] Rational individuals trade through bilateral contracts on open markets until the costs of transactions mean that using corporations to produce things is more cost-effective. Homo economicus, or Economic man, is the concept in some Economic theories of man (that is a Human) as a rational, perfectly informed and His second major article, The Problem of Social Cost (1960), argued that if we lived in a world without transaction costs, people would bargain with one another to create the same allocation of resources, regardless of the way a court might rule in property disputes. The Problem of Social Cost is an article published by Ronald Coase in 1960 in the Journal of Law and Economics about economic problem of Externalities [95] Coase used the example of a nuisance case named Sturges v. Nuisance (through Fr noisance nuisance from Lat nocere to hurt is a Common law Tort. Bridgman, where a noisy sweetmaker and a quiet doctor were neighbours and went to court to see who should have to move. [96] Coase said that regardless of whether the judge ruled that the sweetmaker had to stop using his machinery, or that the doctor had to put up with it, they could strike a mutually beneficial bargain about who moves house that reaches the same outcome of resource distribution. Only the existence of transaction costs may prevent this. In Economics and related disciplines a transaction cost is a Cost incurred in making an economic exchange [97] So the law ought to pre-empt what would happen, and be guided by the most efficient solution. Economic efficiency is used to refer to a number of related concepts The idea is that law and regulation are not as important or effective at helping people as lawyers and government planners believe. [98] Coase and others like him wanted a change of approach, to put the burden of proof for positive effects on a government that was intervening in the market, by analysing the costs of action. [99]

Sociology of law

Main article: Sociology of law
Max Weber in 1917 - Weber who began as a lawyer is regarded as one of the founders of sociology and sociology of law
Max Weber in 1917 - Weber who began as a lawyer is regarded as one of the founders of sociology and sociology of law

Sociology of law is a diverse field of study that examines the interaction of law with society. Sociology of law refers to both a sub-discipline of Sociology and an approach within the field of Legal studies. Maximilian Carl Emil Weber (maks 'veːbɐ (21 April 1864 &ndash 14 June 1920 was a German political economist and sociologist who was considered Sociology of law overlaps with jurisprudence, economic analysis of law and more specialised subjects such as criminology. Schools of thought In the mid-18th century criminology arose as social philosophers gave thought to crime and concepts of law [100] The institutions of law and the social construction of legal issues and systems are relevant areas of inquiry. Institutions are structures and mechanisms of Social order and Cooperation governing the Behavior of a Set of Individuals A social construction or social construct is any phenomenon "invented" or "constructed" by participants in a particular Culture or Society Initially, legal theorists were suspicious of the discipline. Kelsen attacked one of its founders, Eugen Ehrlich, who wanted to emphasise the difference between positive law, which lawyers learn and apply, and other forms of 'law' or social norms that regulate everyday life, generally preventing conflicts from reaching lawyers and courts. Eugen Ehrlich (1862–1922 was an Austrian legal scholar and Sociologist. [101] Around 1900 Max Weber defined his "scientific" approach to law, identifying the "legal rational form" as a type of domination, not attributable to people but to abstract norms. Maximilian Carl Emil Weber (maks 'veːbɐ (21 April 1864 &ndash 14 June 1920 was a German political economist and sociologist who was considered [102] Legal rationalism was his term for a body of coherent and calculable law which formed a precondition for modern political developments and the modern bureaucratic state and developed in parallel with the growth of capitalism. Rational-legal authority (also known as rational authority, legal authority, rational domination, legal domination, or bureaucratic Capitalism is the Economic system in which the Means of production are owned by private Persons and operated for Profit and where [103] Another sociologist, Émile Durkheim, wrote in The Division of Labour in Society that as society becomes more complex, the body of civil law concerned primarily with restitution and compensation grows at the expense of criminal laws and penal sanctions. Émile Durkheim ( April 15, 1858 – November 15, 1917) was a French Sociologist whose contributions were instrumental [104] Other notable early legal sociologists included Hugo Sinzheimer, Theodor Geiger, Georges Gurvitch and Leon Petrażycki in Europe, and William Graham Sumner in the U. Hugo Sinzheimer ( 12 April 1875 in Worms, Germany - 16 September 1945 in Bloemendaal-Overveen, The Netherlands Theodor Julius Geiger ( 9 November 1891 in Munich, Germany - 16 June 1952 at sea in Atlantic Ocean) was a Georges Gurvitch (or Jorge Gurvitch, born Georgij Davydovič Gurvič; November 11, 1894, Novorossiysk - December 12, Leon Petrażycki ( 13 April 1867 - 15 May 1931) was a Polish Philosopher, Legal scholar and Sociologist William Graham Sumner ( October 30, 1840 – April 12, 1910) was an American academic and professor at Yale College S. [105]

Legal institutions

"It is a real unity of them all in one and the same person, made by covenant of every man with every man, in such manner as if every man should say to every man: I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou givest up, thy right to him, and authorise all his actions in like manner.
Thomas Hobbes, Leviathan, XVII

The main institutions of law in liberal democracies are independent judiciaries and justice systems, representative legislatures or parliaments, an accountable executive, a competent and non-corrupt bureaucracy and police force, civilian control of the military, and a robust legal profession and civil society. The term "liberal" in "liberal democracy" does not imply that the government of such a democracy must follow the political ideology of Judicial independence is the doctrine that decisions of the Judiciary should be impartial and not subject to influence from the other branches of government or from private or Criminal justice is the system of practices and organizations used by national and local governments directed at maintaining Social control, deterring A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation TalkParliament#Screen-size. -->A  parliament is a Legislature, especially in those Accountability is a concept in Ethics with several meanings It is often used synonymously with such concepts as answerability enforcement responsibility, blameworthiness In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. Bureaucracy is the structure and set of regulations in place to control activity usually in large organizations and government Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force Civilian control of the military is a doctrine in military and Political science that places ultimate responsibility for a country's A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning Society as opposed to the force-backed

John Locke, in Two Treatises of Government, and Baron de Montesquieu after him in The Spirit of the Laws, advocated a separation of powers between the institutions that wield political influence, namely the judiciary, legislature and executive. John Locke (29 August 1632 – 28 October 1704 was an English Philosopher. The Two Treatises of Government (or " Two Treatises of Government In the Former The False Principles and Foundation of Sir Robert Filmer And His Followers are Detected Charles-Louis de Secondat baron de La Brède et de Montesquieu (Eng The Spirit of Laws (French De l'esprit des lois) is a Treatise on Political theory first published anonymously by Charles de Secondat Separation of powers, a term ascribed to French Enlightenment Political philosopher Baron de Montesquieu, is a model for the Governance [106] Their principle was that no person should be able to usurp all powers of the state, in contrast to the absolutist theory of Thomas Hobbes' Leviathan. A state is a political association with effective Sovereignty over a geographic Area and representing a Population. Absolute monarchy is a monarchical Form of government where the king and queen have absolute power over everything Thomas Hobbes (born 5 April 1588died 4 December 1679 was an English philosopher, whose famous 1651 book Leviathan established the foundation Leviathan or The Matter Forme and Power of a Common Wealth Ecclesiasticall and Civil, commonly called Leviathan, is a book written by Thomas [107] More recently, Max Weber and many others reshaped thinking about the extensions of the state that come under the control of the executive. Maximilian Carl Emil Weber (maks 'veːbɐ (21 April 1864 &ndash 14 June 1920 was a German political economist and sociologist who was considered A state is a political association with effective Sovereignty over a geographic Area and representing a Population. Modern military, policing and bureaucratic power over ordinary citizens' daily lives pose special problems for accountability that earlier writers like Locke and Montesquieu could not have foreseen. The custom and practice of the legal profession is an important part of people's access to justice, whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law's political basis. JUSTICE is a Human rights and law reform organisation based in the United Kingdom.

Judiciary

Main article: Judiciary
The judges of the International Court of Justice in the Hague
The judges of the International Court of Justice in the Hague

A judiciary is a group of judges who mediate people's disputes and determine the outcome. In Law, the judiciary or judicial system is the system of Courts which administer Justice in the name of the sovereign or State See also International Commission of Jurists The International Court of Justice (known colloquially as the World Court or ICJ; Cour A judge, or justice, is an Official who presides over a Court of law Most countries have a system of appeals courts, up to a supreme authority. In Law, an appeal is a process for requesting a formal change to an official decision In the U. S. A. , this is the Supreme Court;[108] in Australia, the High Court; in the UK, the House of Lords;[109] in Germany, the Bundesverfassungsgericht; in France, the Cour de Cassation. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. For a topic outline on this subject see List of basic Australia topics. The High Court of Australia is the final court of appeal in Australia the highest court in the Australian court hierarchy. The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords" The Federal Constitutional Court (in German: Bundesverfassungsgericht BVerfG) is a special Court established by the Basic Law for the Federal Republic This article is about the country For a topic outline on this subject see List of basic France topics. The Court of Cassation ( Cour de cassation in French) is the main Court of last resort in France. [110] However, for most European countries the European Court of Justice[111] in Luxembourg may overrule national law, where EU law is relevant. This article refers to the European Union court not the European Court of Human Rights of the Council of Europe The Court of Justice Luxembourg (Groussherzogtum Lëtzebuerg Grand-Duché de Luxembourg Großherzogtum Luxemburg is a small Landlocked country in Western Europe, bordered by The European Court of Human Rights in Strasbourg allows citizens of the Council of Europe member states to bring cases to it concerning human rights issues. The European Court of Human Rights ( ECtHR) (Cour européenne des droits de l’homme in Strasbourg was established under the European Convention on Human Rights Strasbourg (Strasbourg stʁazbuʁ Alsatian: Strossburi,; Straßburg) is the capital and principal City of the Alsace région The Council of Europe (Conseil de l'Europe is the oldest International organisation working towards European integration, being founded in 1949

Some countries allow their highest judicial authority to strike down legislation determined to be unconstitutional. Legislation (or " Statutory law " is law which has been promulgated (or " Enacted quot by a Legislature or other Governing Constitutionality is the status of a law, a procedure or an act's accordance with the laws or guidelines set forth in the applicable Constitution. For instance, the United States Supreme Court struck down a Texan law forbidding assistance to women in abortion, in Roe v. Wade. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Texas ( is a state geographically located in the South Central United States and is also known as the Lone Star State. An Roe v Wade, 410 US 113 (1973 is a controversial United States Supreme Court case that resulted in a Landmark decision regarding [112] The constitution's fourteenth amendment was interpreted to give Americans a right to privacy, hence a woman's right to choose abortion. The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively Overview See also Ethical aspects of abortion Pro-choice advocates emphasize their beliefs that having a child is a personal choice that affects a woman's body and An The judiciary is theoretically bound by the constitution, much as legislative bodies are. A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation In most countries judges may only interpret the constitution and all other laws. In Political geography and International politics, a country is a Political division of a geographical entity A judge, or justice, is an Official who presides over a Court of law Interpretivism is a school of thought in contemporary Jurisprudence and the Philosophy of law. But in common law countries, where matters are not constitutional, the judiciary may also create law under the doctrine of precedent. Stare decisis is a common law doctrine under which judges are obligated to follow the precedents established in prior decisions On the other hand, the UK, Finland and New Zealand still assert the ideal of parliamentary sovereignty, whereby the unelected judiciary may not overturn law passed by a democratic legislature. Parliamentary sovereignty, Sovereignty of Parliament, parliamentary supremacy, or legislative supremacy is a concept in Constitutional law

Legislature

Main article: Legislature
The debating chamber of the European Parliament
The debating chamber of the European Parliament

Prominent examples of legislatures are the Houses of Parliament in London, the Congress in Washington D.C., the Bundestag in Berlin, the Duma in Moscow and the Assemblée nationale in Paris. A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation Debate ( American English) or debating ( British English) is a formal method of interactive and position representational Argument. The European Parliament ( Europarl or EP) is the only directly elected parliamentary institution of the European Union (EU A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation London ( ˈlʌndən is the capital and largest urban area in the United Kingdom. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D The Bundestag ("Federal Diet " or "Lower House of German Parliament" is the Parliament of Germany. Berlin is the capital city and one of sixteen states of Germany. A Duma (Ду́ма is any of various representative assemblies in modern Russia and Russian history Moscow (Москва́ romanised: Moskvá, IPA: see also other names) is the Capital and the largest city of The French National Assembly. The other is the Senate ( “Sénat”) Paris (ˈpærɨs in English; in French) is the Capital of France and the country's largest city By the principle of representative government people vote for politicians to carry out their wishes. For the government of parliamentary systems see Executive (government. A politician (from Greek " Polis " is an individual who is involved in influencing public decision making through the influence of Politics or a person Although countries like Israel, Greece, Sweden and China are unicameral, most countries are bicameral, meaning they have two separately appointed legislative houses. For a topic outline on this subject see List of basic Israel topics. Greece (Ελλάδα transliterated: Elláda, historically, Ellás,) officially the Hellenic Republic (Ελληνική Δημοκρατία "Sverige" redirects here For other uses see Sweden (disambiguation and Sverige (disambiguation. China ( Wade-Giles ( Mandarin) Chung¹kuo² is a cultural region, an ancient Civilization, and depending on perspective a National Unicameralism is the practice of having only one legislative or Parliamentary chamber In Government, bicameralism (bi + Latin la ''camera'' chamber is the practice of having two legislative or Parliamentary chambers Thus a bicameral In the 'lower house' politicians are elected to represent smaller constituencies. A constituency is any cohesive corporate unit or body bound by shared structures goals or loyalty The 'upper house' is usually elected to represent states in a federal system (as in Australia, Germany or the U. A federal republic is a Federation of States with a republican form of government S. A. ) or different voting configuration in a unitary system (as in France). This article is about the country For a topic outline on this subject see List of basic France topics. In the United Kingdom the upper house is appointed by the government as a house of review. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located For the government of parliamentary systems see Executive (government. The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords" One criticism of bicameral systems with two elected chambers is that the upper and lower houses may simply mirror one another. The traditional justification of bicameralism is that an upper chamber acts as a house of review. This can minimise arbitrariness and injustice in governmental action. [113]

To pass legislation, a majority of Members of Parliament must vote for a bill (proposed law) in each house. A Member of Parliament, or MP, is a representative elected by the voters to a Parliament. For other uses see Bill. A bill is a proposed new law introduced within a Legislature that has not been ratified, adopted Normally there will be several readings and amendments proposed by the different political factions. If a country has an entrenched constitution, a special majority for changes to the constitution will be required, making changes to the law more difficult. A government usually leads the process, which can be formed from Members of Parliament (e. A Member of Parliament, or MP, is a representative elected by the voters to a Parliament. g. the UK or Germany). Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. But in a presidential system, an executive appoints a cabinet to govern from his or her political allies whether or not they are elected (e. A cabinet is a body of high-ranking members of Government, typically representing the executive branch. Politics Politics is the process by which groups of people make decisions Elected is the latest EP by Dutch Progressive metal project Ayreon. g. the U. S. A. or Brazil), and the legislature's role is reduced to either ratification or veto. Ratification is the act of giving official sanction or approval to a formal document such as a treaty or constitution A veto, Latin for "I forbid" is used to Denote that a certain party has the right to stop unilaterally a certain piece of Legislation.

Executive

Main article: Executive (government)
The G8 meetings are composed of representatives of each country's executive branch
The G8 meetings are composed of representatives of each country's executive branch

The executive in a legal system refers to the government's centre of political authority. In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. For the government of parliamentary systems see Executive (government. Politics Politics is the process by which groups of people make decisions In Politics, authority ( Latin Auctoritas, used in Roman law as opposed to Potestas and Imperium In parliamentary systems, like the Britain, Italy, Germany, India, and Japan, the executive is called the cabinet, composed of members of the legislature. A parliamentary system, also known as parliamentarianism (and parliamentarism in American English) is a System of government in which The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country For a topic outline on this subject see List of basic Japan topics. A cabinet is a body of high-ranking members of Government, typically representing the executive branch. The executive is chosen by a Prime Minister or a Chancellor, who holds power while holding the confidence of the legislature. This article is about the government position For other uses see Prime Minister (disambiguation. Chancellor or chancellour (archaic ( Latin: cancellarius) is an official Title used in countries whose civilization has arisen A motion of no confidence (also vote of no confidence, censure motion, no-confidence motion, or confidence motion) is a Parliamentary motion Because elections appoint a political party to govern, the leader of the party can change in between elections. The head of state is different to the executive, and he or she usually lacks formal political power but symbolically enacts laws and acts as a representative of the nation. Head of state is the generic term for the individual or collective office that serves as the chief public representative of a Monarchic or Republican Nation-state Political power ( Imperium in Latin is a type of power held by a group in a Society which allows administration of some or all of Examples include the German president, appointed by the Parliament or the Queen of the United Kingdom, with a hereditary title, or the Austrian president, elected by popular vote. The President of Germany (deutscher Bundespräsident is Germany 's Head of state. TalkCommonewalth realm.--> The monarchy The Austrian Federal President ( German language: Österreichischer Bundespräsident) is the federal Head of state of Austria. The other important model is the presidential system, found in such countries as France, the United States, and Russia. A presidential system is a System of government where an executive branch exists and presides (hence the term separately from the Legislature This article is about the country For a topic outline on this subject see List of basic France topics. The United States of America —commonly referred to as the Russia (Россия Rossiya) or the Russian Federation ( Rossiyskaya Federatsiya) is a transcontinental Country extending In presidential systems, the executive is both the head of state and head of government. They have power to appoint a cabinet that is unelected. Under these presidential systems, the executive branch is separate from the legislature, and is not accountable to it. [114]

The role of the executive varies from country to country. Usually the executive will initiate or propose the majority of legislation and propose the agenda of government. Legislation (or " Statutory law " is law which has been promulgated (or " Enacted quot by a Legislature or other Governing In presidential systems, the executive often has the power to veto legislation. A veto, Latin for "I forbid" is used to Denote that a certain party has the right to stop unilaterally a certain piece of Legislation. Most executives in both systems are responsible for foreign relations, the military and police, and the bureaucracy. A military is an Organization authorized by its Nation to use force usually including use of Weapons in defending its Country (or by attacking Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force Bureaucracy is the structure and set of regulations in place to control activity usually in large organizations and government Ministers or other officials head a country's public offices, such as a foreign ministry or interior ministry. A minister or a secretary is a Politician who holds significant public office in a national or regional Government. A minister for foreign affairs, or foreign minister, is a governmental cabinet minister who helps form the Foreign policy of a sovereign nation The election of a different executive is therefore capable of revolutionising an entire country's approach to government. An election is a Decision-making process by which a population chooses an individual to hold formal office A revolution (from the Latin revolutio, "a turnaround" is a fundamental change in power or organizational structures that takes place in a relatively For the government of parliamentary systems see Executive (government.

Military and police

Main articles: Military and Police
U.S. Customs and Border Protection officers
U.S. Customs and Border Protection officers

The military and police are sometimes referred to as "the long and strong arm of the law". A military is an Organization authorized by its Nation to use force usually including use of Weapons in defending its Country (or by attacking Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force The United States Bureau of Customs and Border Protection (CBP known as U A military is an Organization authorized by its Nation to use force usually including use of Weapons in defending its Country (or by attacking Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force [115] While military organizations have existed as long as governments themselves, a standing police force is relatively modern. A military is an Organization authorized by its Nation to use force usually including use of Weapons in defending its Country (or by attacking For the government of parliamentary systems see Executive (government. Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force Mediæval England's system of traveling criminal courts, or assizes used show trials and public executions to instill communities with fear and keep them under control. Great Britain during the Middle Ages (from the 5th century withdrawal of Roman forces from the province of Britannia Criminal justice is the system of practices and organizations used by national and local governments directed at maintaining Social control, deterring The Court of Assize, or Assizes, is a medieval term for Legal codes (such as Assizes of Jerusalem) that continues to be used in modern times The term show trial is a pejorative description of a type of highly Public trial. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. [116] The first modern police were probably those in 17th century Paris, in the court of Louis XIV,[117] although the Paris Prefecture of Police claim they were the world's first uniformed policemen. Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force Paris (ˈpærɨs in English; in French) is the Capital of France and the country's largest city Early years Birth and ancestry Louis XIV was born in the Château de Saint-Germain-en-Laye on September 5 1638 and bore the Heir apparent [118] In 1829, after the French Revolution and Napoleon's dictatorship, a government decree created the first uniformed policemen in Paris and all other French cities, known as sergents de ville ("city sergeants"). The French Revolution (1789–1799 was a period of political and social upheaval in the History of France, during which the French governmental structure previously an Napoleon Bonaparte (15 August 1769 – 5 May 1821 was a French military and political leader who had a significant impact on the History of Europe. In Britain, the Metropolitan Police Act 1829 was passed by Parliament under Home Secretary Sir Robert Peel, founding the London Metropolitan Police. The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office Sir Robert Peel 2nd Baronet (5 February 1788 &ndash 2 July 1850 was the Conservative Prime Minister of the United Kingdom from 10 December 1834 to 8 April "Metropolitan Police" redirects here See also Metropolitan police.

Sociologist Max Weber famously argued that the state is that which controls the legitimate monopoly of the means of violence. Sociology (from Latin: socius "companion" and the suffix -ology "the study of" from Greek λόγος lógos "knowledge" A state is a political association with effective Sovereignty over a geographic Area and representing a Population. In Economics, a monopoly (from Greek monos, alone or single + polein, to sell exists when a specific individual or enterprise has sufficient Violence is the exertion of force so as to injure or abuse The word is used broadly to describe the destructive action of natural phenomena like Storms and Earthquakes [119] The military and police carry out enforcement at the request of the government or the courts. The term failed state is used where the police and military no longer control security and order and society moves into anarchy, the absence of government. A failed state is a State whose central government is so weak or ineffective that it has little practical control over much of its territory Anarchy (from αναρχία anarchía, "without ruler " may refer to any of the following "Absence of government a state of lawlessness For the government of parliamentary systems see Executive (government.

Bureaucracy

Main article: Bureaucracy
The United Nations' New York headquarters houses civil servants that serve its 192 member states.
The United Nations' New York headquarters houses civil servants that serve its 192 member states. Bureaucracy is the structure and set of regulations in place to control activity usually in large organizations and government The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security

The word "bureaucracy" derives from the French for "office" (bureau) and Ancient Greek for "power" (kratos). French ( français,) is a Romance language spoken around the world by 118 million people as a native language and by about 180 to 260 million people The Ancient Greek language is the historical stage in the development of the Hellenic language family spanning the Archaic (c Like the military and police, all of a legal system's government servants and bodies that make up the bureaucracy carry out the directives of the executive. Bureaucracy is the structure and set of regulations in place to control activity usually in large organizations and government One of the earliest references to the concept was made by Baron de Grimm, a German author who lived in France. Friedrich Melchior Baron von Grimm ( December 26, 1723 &ndash December 19, 1807) was an Author, and the son of a German Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. This article is about the country For a topic outline on this subject see List of basic France topics. In 1765 he wrote,

"The real spirit of the laws in France is that bureaucracy of which the late Monsieur de Gournay used to complain so greatly; here the offices, clerks, secretaries, inspectors and intendants are not appointed to benefit the public interest, indeed the public interest appears to have been established so that offices might exist. "[120]

Cynicism over "officialdom" is still common, and the workings of public servants is typically contrasted to private enterprise motivated by profit. Capitalism is the Economic system in which the Means of production are owned by private Persons and operated for Profit and where [121] In fact private companies, especially large ones, also have bureaucracies. [122] Negative perceptions of "red tape" aside, public services such as schooling, health care, policing or public transport are a crucial state function making public bureaucratic action the locus of government power. " Red tape " is a derisive term for excessive Regulation or rigid conformity to formal rules that is considered redundant or bureaucratic and hinders or prevents Public services is a term usually used to mean services provided by Government to its Citizens, either directly (through the Public sector) or [122] Writing in the early 20th century, Max Weber believed that a definitive feature of a developed state had come to be its bureaucratic support. [123] Weber wrote that the typical characteristics of modern bureaucracy are that officials define its mission, the scope of work is bound by rules, management is composed of career experts, who manage top down, communicating through writing and binding public servants' discretion with rules. Bureaucracy is the structure and set of regulations in place to control activity usually in large organizations and government [124]

Legal profession

Main article: Legal profession
An English barrister
An English barrister

Lawyers give their clients advice about their legal rights and duties, and represent them in court. A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person A "solicitor" is a term used in many Common law jurisdictions for a lawyer who offers legal services outside of the courts A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its As the European Court of Human Rights has stated, the law should be adequately accessible to everyone and people should be able to foresee how the law affects them. The European Court of Human Rights ( ECtHR) (Cour européenne des droits de l’homme in Strasbourg was established under the European Convention on Human Rights [125] In order to maintain professionalism, the practice of law is typically overseen by either a government or independent regulating body such as a bar association, bar council or law society. In its most general sense the practice of law involves giving Legal advice to clients drafting legal documents for clients and representing clients in legal Negotiations For the government of parliamentary systems see Executive (government. A bar association is a Professional body of Lawyers Some bar associations are responsible for the regulation of the legal profession in their Jurisdiction A bar council ( Comhairle an Bharra) in a Commonwealth country and in the Republic of Ireland is a Professional body that regulates the profession A Law Society in current and former Commonwealth jurisdictions is an association of solicitors (effectively the trade organisation for solicitors which has a regulatory role An aspiring practitioner must be certified by the regulating body before undertaking his practice. This usually entails a two or three year programme at a university faculty of law or a law school, earning the student a Bachelor of Laws, a Bachelor of Civil Law or a Juris Doctor degree. A university is an institution of Higher education and Research, which grants Academic degrees in a variety of subjects Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end either related to law A law school (also known as a school of law or college of law) is an institution specializing in Legal education. The Bachelor of Laws (abbreviated LLB, LLB or rarely LlB) is an undergraduate or bachelor degree in law offered in most Common law Bachelor of Civil Law or BCL is the name of various degrees in Law conferred by English-language universities Juris Doctor (abbreviated JD or JD, from the Latin, Teacher of Law) is a first professional graduate degree and Professional A degree is any of a wide range of status levels conferred by institutions of Higher education, such as universities, normally as the result of successfully completing This course of study is followed by an entrance examination (e. To examine somebody or something is to inspect it closely hence an examination is a detailed inspection or analysis of an object or person g. admission to the bar). This article is about requirements for admission to practice law not just terminology Some countries require a further vocational qualification before a person is permitted to practice law. In Political geography and International politics, a country is a Political division of a geographical entity For those wishing to become a barrister a year's pupillage under the oversight of an experienced barrister. A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation A pupillage, in England and Wales, Northern Ireland and Ireland, is the Barrister 's equivalent of the Training contract A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation Beyond the requirements for legal practice higher academic degrees may be pursued. Examples include a Master of Laws, a Master of Legal Studies or a Doctor of Laws. The Master of Laws is an advanced Academic degree, or research degree and is commonly abbreviated LL Doctor of Laws ( Latin: Legum Doctor, LLD) is a Doctorate -level Academic degree in Law.

Once accredited, a lawyer will often work in a law firm, in a chambers as a sole practitioner, in a government post or in a private corporation as an internal counsel. A law firm is a business entity formed by one or more Lawyers to engage in the practice of law A judge's chambers - often just called his or her chambers - is the office of a Judge. For the government of parliamentary systems see Executive (government. A counsel or a counsellor gives advice more particularly in legal matters In addition a lawyer may become a legal researcher who provides on-demand legal research through a commercial service or through freelance work. Research is defined as Human activity based on Intellectual application in the investigation of Matter. Research is defined as Human activity based on Intellectual application in the investigation of Matter. Many people trained in law put their skills to use outside the legal field entirely. Significant to the practice of law in the common law tradition is the legal research to determine the current state of the law. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive The word tradition comes from the Latin traditionem acc of traditio which means "a giving up delivering up surrendering" and is used in a number of Legal research, according to one source is "the process of identifying and retrieving information necessary to support legal decision-making This usually entails exploring case-law reports, legal periodicals and legislation. Law reports or reporters are series of books which contain judicial opinions from a selection of cases that have been decided by the courts. Legal periodicals are Trade publications for the legal profession targeted at Lawyers Paralegals Judges and government Civil servants Legislation (or " Statutory law " is law which has been promulgated (or " Enacted quot by a Legislature or other Governing Law practice also involves drafting documents such as court pleadings, persuasive briefs, contracts, or wills and trusts. A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its In Law as practiced in countries that follow the English model a pleading is a formal written statement filed with a Court by parties in a Civil action A brief (Latin " brevis " short or factum (Latin for "act" or "deed" is a written legal document used in various legal A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property In Common law legal systems a trust is an arrangement whereby Property (including real tangible and intangible is managed by one person (or persons or organizations Negotiation and dispute resolution skills are also important to legal practice, depending on the field. Dispute resolution is the process of resolving disputes between parties.

Civil society

Main article: Civil society
A march in Washington D.C. during the U.S. Civil Rights Movement in 1963
A march in Washington D. Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning Society as opposed to the force-backed C. during the U.S. Civil Rights Movement in 1963

The term "civil society" dates back to British philosopher John Locke. The American Civil Rights Movement (1955–1968 refers to the reform movements in the United States aimed at abolishing racial discrimination against African John Locke (29 August 1632 – 28 October 1704 was an English Philosopher. He saw civil society as people who have "a common established law and judicature to appeal to, with authority to decide controversies between them. In Law, an appeal is a process for requesting a formal change to an official decision "[126] German philosopher Georg Wilhelm Friedrich Hegel also distinguished the "state" from "civil society" (Zivilgesellschaft) in Elements of the Philosophy of Right. Georg Wilhelm Friedrich Hegel 's Elements of the Philosophy of Right ( Grundlinien der Philosophie des Rechts) was published in 1820, though the [127] Hegel believed that civil society and the state were polar opposites, within the scheme of his dialectic theory of history. Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning Society as opposed to the force-backed A state is a political association with effective Sovereignty over a geographic Area and representing a Population. [128] Civil society is necessarily a source of law, by being the basis from which people form opinions and lobby for what they believe law should be. Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning Society as opposed to the force-backed As Australian barrister and author Geoffrey Robertson QC wrote of international law,

"one of its primary modern sources is found in the responses of ordinary men and women, and of the non-governmental organizations which many of them support, to the human rights abuses they see on the television screen in their living rooms. For a topic outline on this subject see List of basic Australia topics. A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation Geoffrey Ronald Robertson QC (born 30 September 1946 in Sydney, New South Wales) is an Australian human rights International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards Human rights refers to the "basic Rights and freedoms to which all humans are entitled "[129]

Freedom of speech, freedom of association and many other individual rights allow people to meet together, discuss, criticise and hold to account their governments, from which the basis of a deliberative democracy is formed. Freedom of speech is the freedom to speak freely without Censorship or Limitation. Freedom of association is the Individual right to come together with other individuals and collectively express promote pursue and defend common interests For the government of parliamentary systems see Executive (government. Deliberative democracy also sometimes called discursive democracy, is a term used by some political theorists to refer to any system of political decisions based The more people are involved with, concerned by and capable of changing how political power is exercised over their lives, the more acceptable and legitimate the law becomes to the people. Political power ( Imperium in Latin is a type of power held by a group in a Society which allows administration of some or all of Developed political parties, debating clubs, trade unions, impartial media, business and charities are all part of a healthy civil society. A political party is a Political organization that seeks to attain and maintain political power within Government, usually by participating in electoral The Society of Cogers (pronounced koh-jers is a Free speech society established in 1755 in the City of London. A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming "Popular press" redirects here note that the University of Wisconsin Press publishes under the imprint "The Popular Press" A business (also called firm or an enterprise) is a legally recognized organizational entity designed to provide goods and/or services to The definition of charitable organization, and of charity varies according to the country and in some instances the region of the country in which the charitable organization operates Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning Society as opposed to the force-backed

See also

Main lists: List of basic law topics and List of legal topics

Notes

  1. ^ From Old English lagu "something laid down or fixed"; legal comes from Latin legalis, from lex "law", "statute" (Law, Online Etymology Dictionary; Legal, Merriam-Webster's Online Dictionary)
  2. ^ Robertson, Crimes against humanity, 90; see jurisprudence for extensive debate on what law is; H.L.A Hart argued law is a "system of rules" in his work The Concept of Law (Campbell, The Contribution of Legal Studies, 184); John Austin said law was "the command of a sovereign, backed by the threat of a sanction" (Bix, John Austin); Ronald Dworkin describes law as an "interpretive concept" to achieve justice (Dworkin, Law's Empire, 410); and Joseph Raz argues law is an "authority" to mediate people's interests (Raz, The Authority of Law, 3–36). Lists of law topics collects the names of topics related to Law. The following is a list of major areas of legal practice and important legal subject-matters This list consists of lists of Case law. By topic List of leading legal cases in copyright law List of patent case law The following lists are of prominent Jurists, including Judges listed in alphabetical order by Jurisdiction. It is common practice in legal documents to cite to other publications by using standard abbreviations for the title of each source Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. The translation of "law" to other European languages faces several difficulties Jurisprudence is the Theory and Philosophy of Law. Scholars of jurisprudence or legal philosophers hope to obtain a deeper understanding of the nature Herbert Lionel Adolphus Hart (1907-1992 was an influential English-speaking legal philosopher of the twentieth century. The Concept of Law (ISBN 0-19-876122-8 is the most famous work of the legal philosopher H John Austin may refer to John Austin (legal philosopher (1790–1859 legal and political theorist who wrote 'An Essay on Sovereignty' John JUSTICE is a Human rights and law reform organisation based in the United Kingdom. Joseph Raz (יוסף רז born 1939) is an influential legal, moral and political Philosopher.
  3. ^ n. b. this translation reads, "it is more proper that law should govern than any one of the citizens" (Aristotle, Politics 3.16).
  4. ^ The original French is: "la loi, dans un grand souci d'égalité, interdit aux riches comme aux pauvres de coucher sous les ponts, de mendier dans les rues et de voler du pain" (France, The Red Lilly, Chapter VII).
  5. ^ Although some scholars argue that "the boundaries between public and private law are becoming blurred", and that this distinction has become mere "folklore" (Bergkamp, Liability and Environment, 1–2).
  6. ^ E. g. in England these seven subjects, with EU law substituted for international law, make up a "qualifying law degree". For criticism, see Peter Birks' poignant comments attached to a previous version of the Notice to Law Schools. Peter Birks ( 3 October 1941 - 6 July 2004) was the Regius Professor of Civil Law at the University of Oxford from 1989 until
  7. ^ The prevailing manner of enforcing international law is still essentially "self help"; that is the reaction by states to alleged breaches of international obligations by other states (Robertson, Crimes against Humanity, 90; Schermers-Blokker, International Institutional Law, 900–901).
  8. ^ Schermers-Blokker, International Institutional Law, 943
  9. ^ C-26/62 Van Gend en Loos v. Nederlanse Administratie Der Belastingen, Eur-Lex
  10. ^ Entick v. Carrington (1765) 19 Howell's State Trials 1030
  11. ^ Locke, The Second Treatise, Chapter 9, section 124
  12. ^ Auby, Administrative Law in France, 75
  13. ^ a b c "Criminal law". Entick v Carrington ( 1765) 19 Howell's State Trials 1030 is a leading case in English law establishing the Civil liberties Encyclopaedia Britannica.  
  14. ^ "Procedural law". Encyclopaedia Britannica.  
  15. ^ Robinson v. California, 370 U. Robinson v California, 370 US 660 ( 1962) was a case in which the Supreme Court of the United States held that the use of civil imprisonment S. 660 (1962).
  16. ^ e. g. Powell v. Texas, 392 U. Powell v Texas, 392 US 514 (1968 was a United States Supreme Court case which ruled that a Texas statute criminalizing Public intoxication S. 514 (1968).
  17. ^ Regina v. Dudley and Stephens ([1884] 14 QBD 273 DC)
  18. ^ The States Parties to the Rome Statute, International Criminal Court
  19. ^ Wenberg, Pacta Sunt Servanda, 775
  20. ^ e. R v Dudley and Stephens ( 14 QBD 273 DC is a leading English criminal case that established a Precedent, throughout the Common law g. In England, s. 52 Law of Property Act 1925
  21. ^ a b Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256. Case citation is the system used in many countries to identify the decisions in past Court cases either in special series of books called reporters See a full law report from Justis
  22. ^ Austotel v. Franklins (1989) 16 NSWLR 582
  23. ^ e. g. In Germany, § 311 Abs. II BGB
  24. ^ § 105 Abs. II BGB
  25. ^ Smith, The Structure of Unjust Enrichment Law, 1037
  26. ^ Bolton v. Stone [1951] A. The Bürgerliches Gesetzbuch (or BGB) is the Civil code of Germany. The Bürgerliches Gesetzbuch (or BGB) is the Civil code of Germany. Bolton v Stone [1951] AC 850 [1951] 1 All ER 1078 is a leading House of Lords case in the Tort of Negligence, establishing that C. 850
  27. ^ a b Donoghue v. Stevenson ([1932] A.C. 532, 1932 S.C. (H.L.) 31, [1932] All ER Rep 1). Donoghue (or M’Alister v Stevenson ( [1932] AC 562 1932 SC (H Case citation is the system used in many countries to identify the decisions in past Court cases either in special series of books called reporters See the original text of the case in UK Law Online.
  28. ^ Donoghue v. Stevenson [1932] A. Donoghue (or M’Alister v Stevenson ( [1932] AC 562 1932 SC (H C. 532, 580
  29. ^ Sturges v. Bridgman (1879) 11 Ch D 852
  30. ^ e. g. concerning a British politician and the Iraq War, Galloway v. George Galloway (born 16 August 1954 in Dundee) is a Scottish Politician, author and talkshow host noted for his Left-wing views confrontational style Telegraph Group Ltd [2004] EWHC 2786
  31. ^ Taff Vale Railway Co. v. Amalgamated Society of Railway Servants [1901] AC 426
  32. ^ In the UK, Trade Union and Labour Relations (Consolidation) Act 1992; c. Taff Vale Railway Co v Amalgamated Society of Railway Servants 1901 AC 426 commonly known as the Taff Vale case was a suit brought by the Taff Vale Railway Company The Trade Union and Labour Relations (Consolidation Act 1992 is a UK Act of Parliament which regulates the operation of Trade unions and Industrial action f. in the U. S. , National Labor Relations Act
  33. ^ Hunter v. Canary Wharf Ltd. (1997) 2 AllER 426. The National Labor Relations Act (or Wagner Act) is a 1935 United States federal law that protects the rights of most workers in the Private sector
  34. ^ Armory v. Delamirie (1722) 93 ER 664, 1 Strange 505
  35. ^ P. Matthews, The Man of Property, 251–274
  36. ^ Savigny. Das Recht des Besitzes, 25
  37. ^ Locke, Second Treatise on Civil Government, Chapter 9, section 123.
  38. ^ Proudhon, What is Property?, Chapter I (Method Pursued in this Book – The Idea of a Revolution)
  39. ^ McGhee, Snell's Equity, 7
  40. ^ c. f. Bristol and West Building Society v. Mothew [1998] Ch 1
  41. ^ Keech v. Sandford (1726) Sel Cas. Bristol and West Building Society v Mothew Ch 1 is a leading English Trust law and professional negligence case concerning a solicitor's duty of care and skill Keech v Sandford (1726 Sel Cas Ch61 All ER Rep 230 is a foundational case on the fiduciary duty of loyalty Ch. 61
  42. ^ Keech v. Sandford (1726) Sel Cas. Ch. 61
  43. ^ Nestle v. National Westminster Bank plc [1993] 1 WLR 1260
  44. ^ Berle, Modern Corporation and Private Property
  45. ^ Civil law jurisdictions recognise custom as "the other source of law"; hence, scholars tend to divide the civil law into the broad categories of "written law" (ius scriptum) or legislation, and "unwritten law" (ius non scriptum) or custom. Yet they tend to dismiss custom as being of slight importance compared to legislation (Georgiadis, General Principles of Civil Law, 19; Washofsky, Taking Precedent Seriously, 7).
  46. ^ Gordley-von Mehren, Comparative Study of Private Law, 18
  47. ^ Gordley-von Mehren, Comparative Study of Private Law, 21
  48. ^ Stein, Roman Law in European History, 32
  49. ^ Stein, Roman Law in European History, 35
  50. ^ Stein, Roman Law in European History, 43
  51. ^ a b Badr, Gamal Moursi (Spring, 1978), “Islamic Law: Its Relation to Other Legal Systems”, The American Journal of Comparative Law 26 (2 [Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, February 24-25, 1977]): 187-198 [196-8] 
  52. ^ a b c Makdisi, John A. Events 303 - Galerius, Roman Emperor, publishes his edict that begins the persecution of Christians in his portion of the (June 1999), “The Islamic Origins of the Common Law”, North Carolina Law Review 77 (5): 1635-1739 
  53. ^ Hatzis, The Short-Lived Influence of the Napoleonic Civil Code in Greece, 253–263
    * Demirgüç-Kunt -Levine, Financial Structures and Economic Growth, 204
  54. ^ The World Factbook — Field Listing – Legal system, CIA
  55. ^ Magna Carta, Fordham University
  56. ^ Gordley-von Mehren, Comparative Study of Private Law, 4
  57. ^ Gordley-von Mehren, Comparative Study of Private Law, 3
  58. ^ Gee v. The North Carolina Law Review is the flagship Law journal of the University of North Carolina School of Law. Pritchard (1818) 2 Swans. 402, 414
  59. ^ Blackstone, Commentaries on the Laws of England, Book the First – Chapter the First
  60. ^ Gordley-von Mehren, Comparative Study of Private Law, 17
  61. ^ Glenn, Legal Traditions of the World, 159
  62. ^ Anderson, Law Reform in the Middle East, 43
    * Giannoulatos, Islam, 274–275
  63. ^ Hallaq, The Origins and Evolution of Islamic Law, 1
  64. ^ Théodoridés "law". Encyclopedia of the Archaeology of Ancient Egypt.  
    * VerSteeg, Law in ancient Egypt
  65. ^ Kelly, A Short History of Western Legal Theory, 5–6
  66. ^ Ober, The Nature of Athenian Democracy, 121
  67. ^ Kelly, A Short History of Western Legal Theory, 39
  68. ^ As a legal system, Roman law has affected the development of law in most of Western civilisation as well as in parts of the Eastern world. The term Eastern world refers very broadly to the various Cultures social structures and philosophical systems of " the East " It also forms the basis for the law codes of most countries of continental Europe ( "Roman law". Encyclopaedia Britannica.  ).
  69. ^ Sealey-Hooley, Commercial Law, 14
  70. ^ For discussion of the composition and dating of these sources, see Olivelle, Manu's Code of Law (Oxford, 2005), 18-25.
  71. ^ Glenn, Legal Traditions of the World, 276
  72. ^ Glenn, Legal Traditions of the World, 273
  73. ^ Glenn, Legal Traditions of the World, 287
  74. ^ Glenn, Legal Traditions of the World, 304
  75. ^ Glenn, Legal Traditions of the World, 305
  76. ^ Glenn, Legal Traditions of the World, 307
  77. ^ Glenn, Legal Traditions of the World, 309
  78. ^ Farah, Five Years of China WTO Membership, 263–304
  79. ^ Rousseau, The Social Contract, Book II: Chapter 6 (Law)
  80. ^ Bix, John Austin
  81. ^ Kant, Immanuel, Groundwork of the Metaphysics of Morals, 42 (par. Immanuel Kant (ɪmanuəl kant 22 April 1724 12 February 1804 was an 18th-century German Philosopher from the Prussian city of Königsberg 434)
  82. ^ Green, Legal Positivism
  83. ^ Kazantzakis, Friedrich Nietzsche and the Philosophy of Law, 97–98
    * Linarelli, Nietzsche in Law's Cathedral, 23–26
  84. ^ Nietzsche, Zur Genealogie der Moral, Second Essay, 11
  85. ^ Marmor, The Pure Theory of Law
  86. ^ Bielefeldt, Carl Schmitt's Critique of Liberalism, 25–26
  87. ^ Finn, Constitutions in Crisis, 170–171
  88. ^ Bayles, Hart's Legal Philosophy, 21
  89. ^ Dworkin, Law's Empire, 410
  90. ^ Raz, The Authority of Law, 3–36
  91. ^ Raz, The Authority of Law, 37 etc.
  92. ^ The Becker-Posner Blog. Retrieved on 2007-02-03. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1112 - Ramon Berenguer III of Barcelona and Douce I of Provence marry uniting the fortunes of those two states
  93. ^ S. M. Jakoby, Economic Ideas and the Labour Market, 53
  94. ^ Coase, The Nature of the Firm, 386–405
  95. ^ Coase, The Problem of Social Coast, 1–44
  96. ^ Sturges v. Bridgman (1879) 11 Ch D 852
  97. ^ Coase, The Problem of Social Cost, IV, 7
  98. ^ Coase, The Problem of Social Cost, V, 9
  99. ^ Coase, The Problem of Social Cost, VIII, 23
  100. ^ Jary, Collins Dictionary of Sociology, 636
  101. ^ Rottleuthner, La Sociologie du Droit en Allemagne, 109
    * Rottleuthner, Rechtstheoritische Probleme der Sociologie des Rechts, 521
  102. ^ Rheinstein, Max Weber on Law and Economy in Society, 336
  103. ^ Jary, Collins Dictionary of Sociology, 636
  104. ^ Johnson, The Blackwell Dictionary of Sociology, 156
  105. ^ Gurvitch, Sociology of Law, 142
    * Papachristou, Sociology of Law, 81–82
  106. ^ Montesquieu, The Spirit of Laws, Book XI: Of the Laws Which Establish Political Liberty, with Regard to the Constitution, Chapters 6–7
  107. ^ Thomas Hobbes, Leviathan, XVII
  108. ^ A Brief Overview of the Supreme Court, Supreme Court of the United States
  109. ^ House of Lords Judgements, House of Lords
  110. ^ Entscheidungen des Bundesverfassungsgerichts, Bundesverfassungsgericht
    * Jurisprudence, publications, documentation, Cour de cassation
  111. ^ European Court of Justice. Charles-Louis de Secondat baron de La Brède et de Montesquieu (Eng Retrieved on 2006-11-10. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 1444 - Battle of Varna: The crusading forces of King Vladislaus III of Varna (aka Ulaszlo I of Hungary and Wladyslaw
  112. ^ Roe v. Wade (1973) 410 U.S. 113 Retrieved 2007-01-26
  113. ^ Riker, The Justification of Bicameralism, 101
  114. ^ Haggard, Presidents, Parliaments and Policy, 71
    * Olson, The New Parliaments of Central and Eastern Europe, 7
  115. ^ Dickens, The Old Curiosity Shop, Chapter 73
  116. ^ See, e. Roe v Wade, 410 US 113 (1973 is a controversial United States Supreme Court case that resulted in a Landmark decision regarding Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1340 - King Edward III of England is declared King of France. g. Tuberville v. Savage (1669), 1 Mod. Tuberville v Savage (1669 1 Mod Rep 3 86 ER 684 EWHC KB J25 is a famous English decision on the requirements for the Tort of assault. Rep. 3, 86 Eng. Rep. 684, where a knight said in a threatening tone to a layman, "If it were not assize time, I would not take such language from you. "
  117. ^ History of Police Forces, History. com Encyclopedia
  118. ^ Des Sergents de Ville et Gardiens de la Paix à la Police de Proximité, La Préfecture de Police
  119. ^ Weber, Politics as a Vocation
    * Weber, The Theory of Social and Economic Organisation, 154
  120. ^ Albrow, Bureaucracy, 16
  121. ^ Mises, Bureaucracy, II, Bureaucratic Management
  122. ^ a b Kettl, Public Bureaucracies, 367
  123. ^ Weber, Economy and Society, I, 393
  124. ^ Kettl, Public Bureaucracies, 371
  125. ^ The Sunday Times v. The United Kingdom [1979] ECHR 1 at 49 Case no. 6538/74
  126. ^ Locke, Second Treatise, Chapter 7, section 87
  127. ^ Hegel, Elements of the Philosophy of Right, 3, II, 182
  128. ^ Pelczynski, The State and Civil Society, 1–13
  129. ^ Robertson, Crimes Against Humanity, 98–99

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Dictionary

law

-noun

  1. A written or understood rule that concerns behaviours and the appropriate consequences thereof. Laws are usually associated with mores.
  2. (uncountable) The body of rules issued by the legislative authority.
  3. (uncountable) The body of rules and standards to be applied by courts and similar authorities
  4. A one-sided contract.
  5. A well-established, observed physical characteristic or behavior of nature.
  6. (mathematics) A statement that is true under specified conditions.
  7. A category of English "common law" petitions that request monetary relief, as opposed to relief in forms other than a monetary judgment; compare to "equity".
  8. (cricket) One of the official rules of cricket as codified by the MCC.
  9. (slang, uncountable) The police.
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