Portal:Law

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Introduction

Iustitia ("Lady Justice") is a symbolic personification of the coercive power of a tribunal: a sword representing state authority, scales representing an objective standard, and a blindfold indicating that justice should be impartial.

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.

A general distinction can be made between (a) civil law jurisdictions, in which a legislature or other central body codifies and consolidates their laws, and (b) common law systems, where judge-made precedent is accepted as binding law. Historically, religious laws played a significant role even in settling of secular matters, and is still used in some religious communities. Islamic Sharia law is the world's most widely used religious law, and is used as the primary legal system in some countries, such as Iran and Saudi Arabia.

Selected article

The Constitution of the Republic of Belarus is the ultimate law of Belarus; it states that all laws that conflict with it are null and void. Adopted in 1994, three years after the country declared its independence from the Soviet Union, this formal document establishes the framework of the Belarusian state and government and enumerates the rights and freedoms of its citizens. The Constitution was drafted by the Supreme Soviet of Belarus, the former legislative body of the country, and was improved by citizens and legal experts. The contents of the Constitution include the preamble, nine sections, and 146 articles. The structure and substance of the Constitution were heavily influenced by constitutions of Western powers and by Belarus' experiences during the Soviet era. While much of the Constitution establishes the government's functions and powers, an entire section details rights and freedoms granted to citizens and residents. The Constitution has been amended twice since the original adoption, in 1996 and in 2004. Two referendums that were disputed by independent observers and government opposition leaders increased the power of the presidency over the government and eliminated the term limits for the presidency. (more...)

Selected biography

Alfred Denning, Baron Denning (1899–1999) was a British soldier, mathematician, lawyer and judge. He studied at Magdalen College, Oxford, although his studies were disrupted by his service in the First World War. He then began his legal career, distinguishing himself as a barrister and becoming a King's Counsel in 1938. He became a judge in 1944 with an appointment to the Family Division of the High Court of Justice and was made a Lord Justice of Appeal in 1948 after fewer than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. One of the most publicly known judges thanks to his report on the Profumo Affair, Lord Denning was held in high regard by much of the judiciary, the Bar and the public. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. During his 38 year career as a judge he made large changes to the common law, particularly while in the Court of Appeal. (more...)

Did you know...

... that the non-payment of debts is the archetype for the seventeen other Hindu titles of law, including the sexual crimes against women?

... that the case Carlill v. Carbolic Smoke Ball Company established the precedents for UK contract law?

... that although the Chancery Amendment Act 1858 was repealed in the United Kingdom, it is still valid in the Republic of Ireland and parts of Canada?

... that freedom of religion in Singapore, which is guaranteed by Article 15 of the Constitution of Singapore, may be restricted by a general law relating to public order, public health or morality?

... that banking regulations in Russia include significant specifics, such as mandatory deposits placed in special reserve accounts at the Russian Central Bank?

... that the Constitution of the Kingdom of Poland of 1815, considered among the most liberal constitutions of its time, was increasingly disregarded by the Polish government, leading to the November Uprising of 1830?

... that Peter Rosted served as chief judge at Inderøy District Court for 46 years, from 1733 to 1776?

... that the Alaska Native Claims Settlement Act extinguished all aboriginal title in Alaska?

Selected images

The New York Stock Exchange trading floor after the Wall Street Crash of 1929, before tougher banking regulation was introduced
Emperor Justinian (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis.
First page of the 1804 edition of the Napoleonic Code.
A trade union protest by UNISON while on strike
Max Weber in 1917, Weber began his career as a lawyer, and is regarded as one of the founders of sociology and sociology of law.
The debating chamber of the European Parliament
The United Nations' New York headquarters houses civil servants that serve its 193 member states.
The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words.
King John of England signs Magna Carta
A march in Washington D.C. during the Civil Rights Movement in 1963
King Hammurabi is revealed the code of laws by the Mesopotamian sun god Shamash, also revered as the god of justice.
A trial in the Ottoman Empire, 1879, when religious law applied under the Mecelle
The famous Carbolic Smoke Ball advertisement to cure influenza was held to be a unilateral contract
Providing a constitution for public international law, the United Nations system was agreed during World War II.
The Court of Chancery, London, early 19th century
The Italian lawyer Sir Alberico Gentili, the Father of international law.
The "McLibel case" two were involved in the longest-running case in UK history for publishing a pamphlet criticising McDonald's restaurants.
The French Declaration of the Rights of Man and of the Citizen
U.S. Customs and Border Protection officers
In civil law systems such as those of Italy, France, Germany, Spain and Greece, there is a distinct category of notary, a legally trained public official, compensated by the parties to a transaction. This is a 16th-century painting of such a notary by Flemish painter Quentin Massys.
Bentham's utilitarian theories remained dominant in law until the 20th century.
A depiction of a 17th-century criminal trial, for witchcraft in Salem
Richard Posner, one of the Chicago School, runs a blog with Bank of Sweden Prize winning economist Gary Becker.
The G20 meetings are composed of representatives of each country's executive branch.
A painting of the South Sea Bubble, one of the world's first ever speculations and crashes, led to strict regulation on share trading.
Iustitia ("Lady Justice") is a symbolic personification of the coercive power of a tribunal: a sword representing state authority, scales representing an objective standard, and a blindfold indicating that justice should be impartial.
The judges of the International Court of Justice in the Hague

Selected case

Eng Foong Ho v. Attorney-General is the name of two cases of the Singapore courts, a High Court decision delivered in 2008 and the 2009 judgment by the Court of Appeal. The main issue raised by the case was whether the Collector of Land Revenue had treated the plaintiffs (later appellants), who were devotees of the Jin Long Si Temple, unequally by compulsorily acquiring for public purposes the land on which the temple stood but not the lands of a Hindu mission and a Christian church nearby. It was alleged that the authorities had acted in violation of Article 12(1) of the Constitution of the Republic of Singapore, which guarantees the rights to equality before the law and equal protection of the law.

The High Court held that the plaintiffs lacked locus standi to bring the action as they were not the temple's legal owners. In any case, as there was evidence that the authorities had rational reasons for treating the temple property differently from the property of the Mission and the Church, the High Court found that there had been no breach of Article 12(1). Furthermore, the Court determined that the plaintiffs were guilty of inordinate delay in bringing the action. (more...)

Selected statute

The Ordinances of 1311 were a series of regulations imposed upon King Edward II by the peerage and clergy of the Kingdom of England to restrict the power of the king. The twenty-one signatories of the Ordinances are referred to as the Lords Ordainers, or simply the Ordainers. English setbacks in the Scottish war, combined with perceived extortionate royal fiscal policies, set the background for the writing of the Ordinances in which the administrative prerogatives of the king were largely appropriated by a baronial council. The Ordinances reflect the Provisions of Oxford and the Provisions of Westminster from the late 1250s, but unlike the Provisions, the Ordinances featured a new concern with fiscal reform, specifically redirecting revenues from the king's household to the exchequer.

Just as instrumental to their conception were other issues, particularly discontent with the king's favourite, Piers Gaveston, whom the barons subsequently banished from the realm. Edward II accepted the Ordinances only under coercion, and a long struggle for their repeal ensued that did not end until Thomas of Lancaster – the leader of the Ordainers – was executed in 1322. (more...)