Lady Justice , often used as a
personification of the law, holding a
sword in one hand and
scales in the other.
Law is a set of rules that are created and are
enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a
science and as the art of justice. State-enforced laws can be made by a group
legislature or by a single legislator, resulting in
statutes ; by the executive through
decrees and
regulations ; or established by judges through
precedent , usually in
common law jurisdictions. Private individuals may create legally binding
contracts , including arbitration agreements that adopt
alternative ways of resolving disputes to standard court litigation. The creation 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 also serves as a mediator of relations between people.
Legal systems vary between
jurisdictions , with their differences analysed in
comparative law . In
civil law jurisdictions, a legislature or other central body
codifies and consolidates the law. In
common law systems, judges may make
binding case law through
precedent , although on occasion this may be overturned by a higher court or the legislature. Historically,
religious law has influenced secular matters and is, as of the 21st century, still in use in some religious communities.
Sharia law based on
Islamic principles is used as the primary legal system in several countries, including
Iran and
Saudi Arabia .
The scope of law can be divided into two domains:
public law concerns government and society, including
constitutional law ,
administrative law , and
criminal law ; while
private law deals with legal disputes between parties in areas such as
contracts ,
property ,
torts ,
delicts and
commercial law . This distinction is stronger in
civil law countries, particularly those with a separate system of
administrative courts ; by contrast, the public-private law divide is less pronounced in
common law jurisdictions. (
Full article... )
The
Exchequer of Pleas , or Court of Exchequer , was a court that dealt with matters of
equity , a set of legal principles based on
natural law and
common law in
England and Wales . Originally part of the
curia regis curia Court of Chancery 's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the
Judicature Acts , the Exchequer was formally dissolved as a judicial body by an
Order in Council on 16 December 1880.
The Exchequer's
jurisdiction at various times was common law, equity or both. Initially a court of both common law and equity, it lost much of its common law jurisdiction after the formation of the
Court of Common Pleas . From then on, it concerned itself with equitable matters and those common law matters that it had discretion to try, such as actions brought against Exchequer officials and actions brought by the monarch against non-paying debtors. (
Full article... )
Alfred Thompson Denning, Baron Denning ,
OM ,
PC ,
DL (23 January 1899 – 5 March 1999), was an English
barrister and judge. He was
called to the bar of England and Wales in 1923 and became a
King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the
Probate, Divorce and Admiralty Division of the
High Court of Justice , and transferred to the
King's Bench Division in 1945. He was made a
Lord Justice of Appeal in 1948 after less 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. 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 .
Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". One of Lord Denning's successors as Master of the Rolls,
Lord Bingham , called him "the best known and best loved judge in our history". Denning's appellate work in the Court of Appeal did not concern criminal law. Mark Garnett and Richard Weight argue that Denning was a conservative Christian who "remained popular with morally conservative Britons who were dismayed at the postwar rise in crime and who, like him, believed that the duties of the individual were being forgotten in the clamour for rights. He had a more punitive than redemptive view of criminal justice, as a result of which he was a vocal supporter of corporal and capital punishment." However, he changed his stance on capital punishment in later life.
Denning became one of the highest profile judges in England in part because of his report on the
Profumo affair . He was known for his bold judgments running counter to the law at the time. During his 38-year career as a judge, he made large changes to the common law, particularly while in the Court of Appeal, and although some of his decisions were overturned by the House of Lords several of them were confirmed by Parliament, which passed statutes in line with his judgments. Appreciated for his role as "the people's judge" and his support for the individual, Denning attracted attention for his occasionally flexible attitude to the common law principle of
precedent . He commented controversially about the
Birmingham Six and
Guildford Four . (
Full article... )
A
statute is a formal written enactment of a
legislative body, a stage in the process of
legislation . Typically, statutes command or prohibit something, or declare
policy . Statutes are laws made by legislative bodies; they are distinguished from
case law or
precedent , which is decided by
courts ,
regulations issued by
government agencies , and
oral or
customary law .[
better source needed ]
Statutes may originate with the legislative body of a country, state or province, county, or
municipality . (
Full article... )
The
Act on National Flag and Anthem (国旗及び国歌に関する法律 Kokki Oyobi Kokka ni Kansuru Hōritsu , abbreviated as 国旗国歌法 Japan 's
national flag and
anthem . Before its ratification on August 13, 1999, there was no official flag or anthem for Japan. The
nisshōki (日章旗 flag, commonly referred to as the hinomaru (日の丸 , had represented Japan unofficially since 1870; "
Kimigayo " (君が代 had been used as Japan's
de facto anthem since 1880.
After
Japan's defeat in
World War II , there were suggestions to legislate the hinomaru and Kimigayo as the official symbols of Japan. However, a law to establish the hinomaru and Kimigayo as official in 1974 failed in the
National Diet , due to the opposition of the
Japan Teachers Union that insists they have a connection with
Japanese militarism . It was suggested that both the hinomaru and Kimigayo should be made official after a school principal in
Hiroshima committed suicide over a dispute regarding the use of the flag and anthem in a school ceremony.
After a vote in both houses of the National Diet, the law was passed on August 9, 1999. Promulgated and enforced on August 13, 1999, it was considered one of the most controversial laws passed by the National Diet in the 1990s. The debate surrounding the law also revealed a split in the leadership of the opposition
Democratic Party of Japan (DPJ) and the unity of the ruling
Liberal Democratic Party (LDP) and coalition partners.
The passage of the law was met with mixed reactions. Although some Japanese hailed the passage, others felt that it was a shift toward restoring nationalistic feelings and culture: It was passed in time for the tenth anniversary of the
Emperor
Akihito 's reign. In the
countries that Japan had occupied during
World War II , some felt that the law's passage, along with debates on laws related to military affairs and
Yasukuni Shrine , marked a shift in Japan toward the
political right . Regulations and government orders issued in the wake of this law, especially those issued by the Tokyo Board of Education, were also challenged in court by some Japanese due to conflicts with the
Japanese constitution . (
Full article... )
... that English gynaecologist
Margaret Puxon , who started studying law to prevent boredom while on maternity leave, eventually became a barrister?
Case law , also used interchangeably with
common law , is a
law that is based on
precedents , that is the
judicial decisions from previous cases, rather than law based on
constitutions ,
statutes , or
regulations . Case law uses the detailed facts of a
legal case that have been resolved by
courts or similar
tribunals . These past decisions are called "case law", or precedent. Stare decisis —a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (
Full article... )
Greene v Associated Newspapers Ltd Court of Appeal of England and Wales that governs the use of injunctions against publication in alleged
defamation cases. Greene, a businesswoman, sought an injunction against Associated Newspapers Ltd to prevent them publishing alleged links with
Peter Foster ; while they claimed to have emails showing links, she asserted that they were false. The test at the time for a preliminary injunction in defamation cases was
Bonnard v Perryman , where it was established that the applicant has to show "a real prospect of success" at trial. The
Human Rights Act 1998 established that judges should consider whether applicants are "more likely than not" to succeed at trial, a test applied to confidentiality cases in
Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd . Greene claimed that the Cream test should be applied rather than the Bonnard test.
The case first went to the
High Court of Justice , where it was heard by
Fulford J ; he decided that he did not have the authority to overrule Bonnard , and passed the case on to the
Court of Appeal after granting a temporary injunction. In the Court of Appeal, the case was heard by
May ,
Dyson and
Brooke LJJ, with Brooke delivering the judgment on 5 November 2004. In it, Brooke judged that defamation, the subject of Greene , was significantly different from breach of confidentiality, the subject in Cream . While the damage from a breach of confidentiality can never be undone, justifying a simple test for issuing injunctions, a defamation case that is won vindicates the injured party. Making it easier to grant injunctions in defamation cases would damage the delicate balance between freedom of the press and the right to privacy; as such, despite the Human Rights Act, Bonnard is still a valid test. (
Full article... )
(auto-generated)
The following are images from various law-related articles on Wikipedia.
Image 1 Bentham's utilitarian theories remained dominant in law until the twentieth century. (from
Jurisprudence )
Image 2 Image of pages from the
Decretum of
Burchard of Worms , an 11th-century book of canon law (from
Canon law )
Image 3 King John of England signs the Magna Carta (from
Legal history )
Image 4 Gratian (from
Judiciary )
Image 5 Thomas Aquinas was the most influential Western medieval legal scholar. (from
Jurisprudence )
Image 6 Philosophers of law ask "what is law, and what should it be?" (from
Jurisprudence )
Image 8 Oliver Wendell Holmes was a self-styled legal realist. (from
Jurisprudence )
Image 10 Lady Justice (Latin:
Justicia ), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from
Judiciary )
Image 11 Plato (left) and
Aristotle (right), a detail of
The School of Athens (from
Jurisprudence )
Image 12 Mill believed law should create happiness. (from
Jurisprudence )
Image 13 Corpus Iuris Civilis , 1607 (from
Judiciary )
Image 14 The
Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words (from
Legal history )
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