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Encyclopedia > Juridical system
See also Portal:Law
The stela of King Hammurabi depicts the god Shamash revealing a code of laws to the king.
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The stela of King Hammurabi depicts the god Shamash revealing a code of laws to the king.

Law is a set of rules or norms of conduct which forbid, permit or mandate specified actions and relationships among people and organizations. The authority upon which legal rules rest and the extent to which they are formally codified varies between jurisdictions but all legal systems are united in their attempt to ensure impartial treatment of those suspected of breaking the rules and to bring about justice. The word law derives from the late Old English lagu of probable North Germanic origin. Wikipedia does not have an article with this exact name. ... Wikipedia does not have an article with this exact name. ... Stele is also a concept in plant biology. ... This diorite head is believed to represent king ˤAmmurāpi Hammurabi (Akkadian, from Amorite ˤAmmurāpi, The Kinsman is a Healer (ˤAmmu paternal kinsman + Rāpi healer); also transliterated Ammurapi, Hammurapi or Khammurabi) was the sixth king of Babylon. ... Shamash or Sama, was the common Akkadian name of the sun-god in Babylonia and Assyria, corresponding to Sumerian Utu. ... An inscription of the Code of Hammurabi The Code of Hammurabi (also known as the Codex Hammurabi and Hammurabis Code), created ca. ... It has been suggested that Convention (norm) be merged into this article or section. ... See: relational model personal relationship mathematical relationship, including: inverse relationship direct relationship relation (mathematics). ... An organization or organisation (read more about -ize vs -ise) is a formal group of people with one or more shared goals. ... In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming the legal code. ... In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ... Impartiality is a principle of justice holding that decisions should be based on objective criteria, rather then on the basis of bias, prejudice, or preferring the benefit to one person over another for improper reasons. ... Lady Justice - allegory of Justice as woman with sword and with book - statue at court building. ... Old English (also called Anglo-Saxon) is an early form of the English language that was spoken in parts of what is now England and southern Scotland between the mid-fifth century and the mid-twelfth century. ... The North Germanic languages make up one of the three branches of the Germanic languages, a sub-family of the Indo-European languages, along with the West Germanic languages (including English, German, and Dutch) and the East Germanic languages (now extinct). ...


Law is typically administered through a system of courts in which judges (sometimes with the aid of a jury or lay magistrate) hear disputes between parties, and apply a set of rules in order to provide an outcome that is just and fair. The substantive and procedural laws, and the manner in which laws are administered, are collectively known as a legal system, which typically has developed through tradition in each country. This article is about courts of law. ... A judge or justice is an official who presides over a court. ...


Most countries rely upon the police to enforce the law. Police officers most often, must be professionally trained in law enforcement before they are permitted to act under the color of law, to issue legal warnings and citations, execute search or other legal warrants and to make arrests. For the band, see The Police. ... A Chicago police officer patrolling on a Segway Police forces are government organizations charged with the responsibility of maintaining law and order, and to protect the general public from harm. ... Color of is a legal term meaning pretense or appearance of some right. ... In law, a warrant can mean any authorization. ... The Chicago Police Department arrests a man A protester is arrested during a demonstration. ...


Legal practitioners, most often, must be professionally trained in the law before they are permitted to advocate for a party in a court of law, draft legal documents, or give legal advice. A lawyer is a person qualified to give legal advice who advises clients in legal matters and represents them in courts of law and in other forms of dispute resolution. ... Legal advice is the giving of a formal and binding opinion regarding the substance or procedure of the law in exchange for financial or other compensation. ...

Contents


Legal traditions

There are generally four broad legal traditions that are practiced in the world today. The academic study of comparative law reveals the differences and similarities between the law of different countries or jurisdictions, which some see as growing in importance in the age of globalization. World distribution of major legal traditions The four major legal systems of the world today consist of civil law, common law, customary law, and religious law. ... Comparative law has increased enormously in importance in the present age of internationalism, economic globalisation and democratisation. ... Globalization (or globalisation[1]), is an umbrella term for a complex series of economic, social, technological and political changes that have been identified since the 1980s. ...


Civil law

Main article: civil law system

In reference to legal traditions, civil law usually means a system of law which is codified and subsequently applied and interpreted by judges. In theory only legislative enactments (rather than judicial precedent) is considered legally binding, but in reality courts do pay some attention to previous decisions. Almost 60% of the world's population live in a country ruled on the civil law system[citation needed]. Civil law has at least three meanings. ... Civil law has at least three meanings. ... In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject. ... A legislature is a governmental deliberative assembly with the power to adopt laws. ... In law, the judiciary or judicature is the system of courts which administer justice and provide a mechanism for the resolution of disputes. ... Precedent, sometimes authority, is the legal principle or rule created by a court which guides judges in subsequent cases with similar issues or facts. ...


The civil law system finds its origins in Roman law, especially the Corpus Juris Civilis of Emperor Justinian, as later developed through the Middle Ages by mediæval legal scholars. Originally civil law was one common legal system in much of Europe, but with the rise of nationalism in the 17th century Nordic countries and around the time of the French Revolution, it became fractured into separate national systems. This change was brought about by the development of separate national codes, of which the French Napoleonic Code and the German and Swiss codes were the most influential. Around this time civil law incorporated many ideas associated with the Enlightenment. Roman law is the legal system of ancient Rome. ... This article is in need of attention from an expert on the subject. ... Justinian I depicted on one of the famous mosaics of the Basilica of San Vitale. ... The Middle Ages formed the middle period in a traditional schematic division of European history into three ages: the classical civilization of Antiquity, the Middle Ages, and modern times, beginning with the Renaissance. ... World map showing Europe Political map Europe is one of the seven continents of Earth which, in this case, is more a cultural and political distinction than a physiographic one, leading to various perspectives about Europes borders. ... Liberty Leading the People by Eugène Delacroix Nationalism is a form of identity that holds that (ethnically or culturally defined) nations are the fundamental units for human social life, and makes certain cultural and political claims based upon that belief; in particular, the claim that the nation is the... (16th century - 17th century - 18th century - more centuries) As a means of recording the passage of time, the 17th century was that century which lasted from 1601-1700. ... The Nordic countries (Greenland not shown) The Nordic countries is a term used collectively for five countries in Northern Europe. ... Liberty Leading the People, a painting by Delacroix commemorating the July Revolution of 1830 but which has come to be generally accepted as symbolic of French popular uprisings against the monarchy in general and the French Revolution in particular. ... First page of the 1804 original edition The original Napoleonic Code, or Code Napoléon (originally called the Code civil des français, or civil code of the French), was the French civil code, established at the behest of Napoléon I. It entered into force on March 21, 1804. ... The Zivilgesetzbuch (ZGB) is the Swiss civil code. ... Look up Enlightenment in Wiktionary, the free dictionary. ...


The civil codes of many countries, particularly former French and Spanish colonies closely trail the Napoleonic code in some fashion. However, this is not true for most Central, Eastern European, Scandinavian and East Asian countries. A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ... It has been suggested that this article or section be merged with Colonialism. ... First page of the 1804 original edition The original Napoleonic Code, or Code Napoléon (originally called the Code civil des français, or civil code of the French), was the French civil code, established at the behest of Napoléon I. It entered into force on March 21, 1804. ... Regions of Europe Central Europe is the region lying between the variously and vaguely defined areas of Eastern and Western Europe. ... The definition of continental subregions in use by the United Nations. ... Scandinavia is a region in Northern Europe named after the Scandinavian Peninsula. ... The definition of continental subregions in use by the United Nations. ...


Notably, the German BGB was a decisive influence to the following civil codes in other countries. Because Germany was a rising power in the late 19th century when many Asian nations were introducing civil law, the German Civil Code has been the basis for the legal systems of Japan and South Korea. In China, the German Civil Code was introduced in the later years of the Qing Dynasty and formed the basis of the law of the Republic of China which remains in force in Taiwan. Some authors consider that civil law later served as the foundation for socialist law used in Communist countries, which in this view would basically be civil law with the addition of Marxist-Leninist ideas. Publication in the Reich Law Gazette on August 24, 1896 The Bürgerliches Gesetzbuch (or BGB) is the civil code of Germany. ... Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ... The Qing Dynasty (Chinese: 清朝; Pinyin: ; Wade-Giles: Ching chao; Manchu: daicing gurun), sometimes known as the Manchu Dynasty, was a dynasty founded by the Manchu clan Aisin Gioro, in what is today northeast China, expanded into China and the surrounding territories, establishing the Empire of the Great Qing... Motto: None Anthem: National Anthem of the Republic of China Capital Taipei City (de facto) Nanjing (de jure)1 Largest city Taipei City Official language(s) Mandarin (GuóyÇ”) Government Semi-presidential system  - President Chen Shui-bian  - Vice President Annette Lu  - Premier Su Tseng-chang Establishment Xinhai Revolution   - Declared October... Socialist law is the official name of the legal system used in Communist states. ... This article is about communism as a form of society and as a political movement. ... Marxism is the philosophy, social theory and political practice based on the works of Karl Marx, a 19th century German socialist philosopher, economist, journalist, and revolutionary. ... Vladimir Lenin in 1920 Leninism is a political and economic theory which builds upon Marxism; it is therefore a branch of Marxism. ...


In the United States, only Louisiana, with its French heritage, relies on civil law - all the other states and the federal government itself adhere to the common law system. However, Louisiana has been greatly influenced by the common law system existing elsewhere in the United States, and prior court decisions can create binding precedent. Official language(s) English and French Capital Baton Rouge Largest city New Orleans at last census; probably Baton Rouge since Hurricane Katrina Area  Ranked 31st  - Total 51,885 sq mi (134,382 km²)  - Width 130 miles (210 km)  - Length 379 miles (610 km)  - % water 16  - Latitude 29°N to 33...


Common law

Main article: Common Law

The common law is an Anglo-Saxon legal tradition, based on judicial decisions that create binding precedent. The common law system is currently in practice in Ireland, United Kingdom, Australia, New Zealand, South Africa, Canada (excluding Quebec), and the United States (although Louisiana uses both common law and Napoleonic civil law). In addition to these countries, several others have adapted the common law system into a mixed system. For example, Pakistan, India and Nigeria operate largely on a common law system, but incorporate a good deal of customary law and religious law. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The Anglo-Saxons refers collectively to the groups of Germanic tribes who achieved dominance in southern Britain from the mid-5th century, forming the basis for the modern English nation. ... Stare decisis (Latin: , Anglicisation: , to stand by things decided) (more fully, stare decisis et non quieta movere) is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law. ...


Customary law

Main article: customary law

Customary law are systems of law that have evolved largely on their own within a given country and have been adapted to meet the needs of the particular culture. Note that customary law may also be relevant within jurisdictions following another legal tradition in fields or subfields of law where no legislative enactment exists. For example, in Austria, scholars of private law often claim that customary law continues to exist, whereas public law scholars dispute this claim. In any case, it is difficult to find practically relevant examples. In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article or section does not cite its references or sources. ...


Religious law

Main article: religious law

Many religions contain a body of law - for example, Halakha in Judaism, Sharia in Islam, and various forms of Canon law for different denominations of Christians. In some cases these are intended purely as individual moral guidance, whereas in other cases they are intended and may be used as the basis for a country's legal system. This can be in one of two ways: In the religious sense, law can be thought of as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. ... Halakha (Hebrew: הלכה; also transliterated as Halakhah, Halacha, Halakhot and Halachah) is the collective corpus of Jewish religious law, including biblical law (the 613 mitzvot) and later talmudic and rabbinic law as well as customs and traditions. ... This article describes the Jewish religion; for a consideration of ethnic, historic, and cultural aspects of the Jewish identity refer to the article Jew. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... For other uses, including people named Islam, see Islam (disambiguation). ... Canon law is the term used for the internal ecclesiastical law which governs various churches, most notably the Roman Catholic Church, the Eastern Orthodox Churches and the Anglican Communion of churches. ... The term denomination can refer to: A religious denomination A unit of currency (See Denomination (currency)) A naming. ... A Christian is a follower of Jesus, whom they regard as a/the Christ. ... A moral is a one sentence remark made at the end of many childrens stories that expresses the intended meaning, or the moral message, of the tale. ...

  • In countries such as Iran, the religious code of Islam is integral to the country's legal system. In this case, civic law is the religious law (or based closely upon it). Some countries, where the state exists as a vehicle for a religion-based culture, are known as theocracies, and historically were often run by priests or the king (or god-king) as an earthly personification of the religion itself.
  • In countries such as the United States, there is no national religion. However a religious heritage and cultural background is strongly influential in the formation of a legal system, and in the choice of certain laws and social norms.

Amongst religious legal codes, Halakha, followed by Orthodox and Conservative Jews (in substantially different forms) deals with both ecclesiastical relations as well as civil law. However unlike Sharia which is sometimes used as a basis for a national legal code, there is currently no country that is fully governed by Halakha. On a smaller level there are still regions of the world that practice variations of Christian Canon law used by the Catholic Church, the Eastern Orthodox Church and the Anglican Communion. However, modern-day canon law copes almost solely with ecclesiastical relations, unlike Sharia, which relates also to civil law (like property rights, contracts, partnerships and covering damages) and administrative law. The term theocracy is commonly used to describe a form of government in which a religion or faith plays the dominant role. ... Roman Catholic priests in traditional clerical clothing. ... And a prophecy came to past, that a young seed would be planted in the womb of Gods beloved, the virgin Mary. ... A God-king is a monarch who is held in a special religious significance by his subjects. ... Personification is a term used in literary criticism to name the figure of speech which involves directly speaking of an inanimate object, or an abstract concept, as if were a living entity, often one with specifically human attributes. ... In sociology, a norm, or social norm, is a pattern of behavior expected within a particular society in a given situation. ... Orthodox Judaism is the stream of Judaism which adheres to a relatively strict interpretation and application of the laws and ethics first canonized in the Talmud (The Oral Law) and later codified in the Shulkhan Arukh (Code of Jewish Law). It is governed by these works and the Rabbinical commentary... This article refers to Conservative (Masorti) Judaism in the United States. ... Canon law is the term used for the internal ecclesiastical law which governs various churches, most notably the Roman Catholic Church, the Eastern Orthodox Churches and the Anglican Communion of churches. ... The name Catholic Church can mean a visible organization that refers to itself as Catholic, or the invisible Christian Church, viz. ... Pentecost is considered in Eastern Orthodoxy to be the birth of the Church. ... The Anglican Communion uses the compass rose as its symbol, signifying its worldwide reach and decentralized nature. ...


Separately from national law, individuals who practice a particular religion may agree with others to have their cases heard by religious courts to which they mutually agree to submit. These are voluntary and have no judicial enforcement power, none the less (for example) two religious Jews may decide to have their dispute heard by a Jewish court and be bound by its rulings, as a matter of personal belief. Similar arrangements may hold for Islam and other religions. In such cases there may be agreed recourse to the civic courts, or it may be agreed to be foregone.


Bodies of law

In the broadest sense, bodies of law can be subdivided on the basis of who the parties to an action are. It is frequent that practiced fields of law overlap into several of these bodies of law. Law in action is a legal theory, associated with legal realism, examining the role of law as it is actually applied in society. ...


Private law

Main article: private law

The area of private law in a legal system concerns law that oversees disputes between private (non-state) persons, including groups of people, organizations and corporations. This area is, to a large extent, the most comprehensive area of law, dealing with all non-criminal harm one person does to another. Private law may be referred to as civil law. Indeed, in the United States, the term "civil law" is used almost to the exclusion of the term "private law." As so used, the term "civil law" contrasts with "criminal law" and is not a reference to the civil law system in many nations. To meet Wikipedias quality standards, this article or section may require cleanup. ... An organization or organisation (read more about -ize vs -ise) is a formal group of people with one or more shared goals. ... A corporation is a legal person which, while being composed of natural persons, exists completely separately from them. ...


Private International Law is the extension of private law to disputes between private persons across jurisdictions. It covers both commercial contracts such as bills of lading (for shipping) and individuals' rights, e.g. to succession of property. Important elements of private international law remain uncodified in treaty provision (e.g. lex situs - the proper place of ownership of property) but are commonly recognised across countries and so remain customary law. Private International Law, International Private Law, or Conflict of Laws is that branch of law regulating all lawsuits involving a foreign law element where a difference in result will occur depending on which laws are applied as the lex causae. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... A bill of lading is a document issued by a carrier, e. ... Damaged package The Panama canal. ... Succession is the act or process of pooing or of following in order or sequence. ...


Where the interpretation of private international law differs between jurisdictions, there is a Conflict of Laws. The term jurisdiction has more than one sense. ... The term Conflict of Laws descibes generally the body of law that aspires to provide solutions to international or interstate legal disputes between persons or entities other than countries or states as such. ...


Public law

Main article: public law

The area of public law, in a general sense, is the law in a given legal system that concerns the legal organisation of the various branches of government and institutions of state, as well as disputes between the government and private persons within the jurisdiction of the country. The state can bring actions against people or organisations for criminal acts, as well as breach of regulatory laws. Public law can be divided into four sub-categories; Administrative, Constitutional, Criminal and Military law. This article or section does not cite its references or sources. ... Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ...


Equally, individuals and groups can bring actions against the government for harm it has done. This includes grounds on the basis of a breach of regulations, legislation on matters beyond their competence, or violation of an individual's rights. These last two points are often protected under a country's constitution. Bold textJAMES CHECKLEY Legislation (or statutory law) is law which has been promulgated (or enacted) by a legislature or other governing body. ...


Procedural law

Main article: Procedural law

Procedural law concerns the areas of law that regulates the legal process. This includes who can have access to the court system, how complaints are submitted, and what the rights of the parties involved are. Procedural law is often known as "adjective" law as it is the law that concerns how other laws are to be applied. Typically, this is broadly covered by a government’s civil and criminal procedure rules. But this equally includes the law of evidence which determines what means are used to prove facts, as well as the law regarding remedies. Procedural law comprises the rules by which a court hears and determines what happens in civil or criminal proceedings. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... The law of evidence governs the use of testimony (e. ... A remedy is the solution or amelioration of a problem or difficulty. ...


International law

International law governs the relations between states, or between citizens of different states, or international organizations. Its two primary sources are customary law and treaties. International law deals with the relationships between states, or between persons or entities in different states. ... Private International Law, International Private Law, or Conflict of Laws is that branch of law regulating all lawsuits involving a foreign law element where a difference in result will occur depending on which laws are applied as the lex causae. ... This article or section is missing references or citation of sources. ... A state is an organized political community, occupying a territory, and possessing internal and external sovereignty, that enforces a monopoly on the use of force. ... Citizenship is membership in a political community (originally a city but now a state), and carries with it rights to political participation; a person having such membership is a citizen. ... For the political science journal, see: International Organization An international organization (also called intergovernmental organization) is an organization of international scope or character. ... In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. ... It has been suggested that Protocol (treaty) be merged into this article or section. ...


Legal theory

Philosophy of law

Main article: philosophy of law

Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as "What is the law?", "What are the criteria for legal validity?", "What is the relationship between law and morality?" and many other similar questions. Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as what is the law?, what are the criteria for legal validity?, what is the relationship between law and morality?, and many other similar questions. ... Philosopher in Meditation (detail), by Rembrandt. ... Jurisprudence is essentially the theory and philosophy of law. ...


The question "What is law?" has been examined by many great thinkers in pursuit of the philosophy of law. One of the initial challenges is to determine the relationship between law and morality, if there is one. Natural-law theorists, in a tradition which stretches back to Aristotle and Aquinas, hold that legal validity is a species of moral validity such that no immoral rule should be regarded as a rule of law. According to natural law, the fundamental principles of all law derive from nature or from a supreme being, depending on the particular perspective. Legal positivists, on the other hand, claim that although legal rules may often coincide with moral principles, a sharp line divides legal obligation from moral obligation[1]. As John Austin put it "The existence of law is one thing; its merit or demerit is another"[2]. A third important school, legal interpretivism, which is closely associated with the philosopher Ronald Dworkin, attempts to find a middle way through these debates. Its main claim is that legal rights and duties are determined both by the political practices of fallible law-makers (for example their ideology or psychology) and the values or principles which those law-makers serve. Dworkin insists that interpretation must partly be a normative process because making sense of a social practice necessarily involves the interpretor drawing out what they consider to be valuable in that practice. When judges make decisions based on their interpretation of past law, they must then be making moral judgement. Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as what is the law?, what are the criteria for legal validity?, what is the relationship between law and morality?, and many other similar questions. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... It has been suggested that Law of nature (precept) be merged into this article or section. ... Media:Example. ... Saint Thomas Aquinas (1225 - March 7, 1274) was a Catholic philosopher and theologian in the scholastic tradition, who gave birth to the Thomistic school of philosophy, which was long the primary philosophical approach of the Roman Catholic Church. ... The deepest visible-light image of the universe, the Hubble Ultra Deep Field. ... Legal positivism is a school of thought in modern and contemporary jurisprudence and the philosophy of law. ... An obligation can be legal or moral. ... John Austin (1790 - 1859) was a jurist, served in the army in Sicily and Malta, but, selling his commission, studied law, and was called to the Bar 1818. ... Interpretivism is a school of thought in contemporary jurisprudence and the philosophy of law. ... A philosopher is a person who thinks deeply regarding people, society, the world, and/or the universe. ... Ronald Dworkin (born 1931) is an American philosopher, and professor at University College London and the New York University School of Law. ... A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim. ... Duty is a term loosely applied to any action (or course of action) which is regarded as morally incumbent, apart from personal likes and dislikes or any external compulsion. ... An ideology is an organized collection of ideas. ... Psychology (Gk: psyche, soul or mind + logos, speech) is an academic and applied field involving the study of the human mind, brain, and behavior. ... Value is worth in general, and it is thought to be connected to reasons for certain practices, policies, actions, beliefs or emotions. ... In philosophy, normative is usually contrasted with positive, descriptive or explanatory when describing types of theories, beliefs, or statements. ... A judge or justice is an official who presides over a court. ...


Another consideration in examining law is that of the role of rules in the workings of legal systems. The legal positivist H. L. A. Hart argued that the distinctive feature of modern legal systems is that they have a hierarchy of rules. He claims that legal systems not only have rules relating to the behaviour of ordinairy citizens (so-called primary rules) but also have rules which govern the way the primary rules are created (termed secondary rules). He concludes that as the constitutional arrangements of a particular legal system are a form of law, natural-law theorists must be mistaken in believing that all laws are the commands of a sovereign backed up by the threat of punishment[3]. But Karl Llewellyn has criticized Hart's approach for paying insufficient attention to the role of law in society. Llewellyn, a legal realist argues that law is a purposive enterprise with the aim of handling disputes and conflict. He therefore claims that a proper analysis of law-jobs (the role of legislators, judges, etc.) is necessary for an understanding of how different disputes are handled. Only then can human fallibilities be rectified and law used as a tool for achieving social outcomes. H. L. A. Hart (Herbert Lionel Adolphus Hart) (1907-1992) is considered one of the most important legal philosophers of the twentieth century. ... Modern can simply mean something that is up-to-date, trendy, new, or from the present time. ... The word citizen may refer to: A person with a citizenship Citizen Watch Co. ... Look up Sovereign in Wiktionary, the free dictionary The adjective sovereign is used to refer to a state of sovereignty. ... This article or section does not cite its references or sources. ... Legal realism is a family of theories about the nature of law developed in the first half of the 20th century in the United States (American Legal Realism) and Scandinavia (Scandinavian Legal Realism). ...


In establishing a proper definition of law one must also question the authority upon which it lies. The sociologist Max Weber identified the legal-rational form as a type of domination: Social interactions of people and their consequences are the subject of sociology studies. ... Maximilian Weber (IPA: []) (April 21, 1864 – June 14, 1920) was a German political economist and sociologist who is considered one of the founders of the modern study of sociology and public administration. ...

   
[In the legal-rational type of domination] every single bearer of powers of command is legitimated by that system of rational norms, and his power is legitimate in so far as it corresponds with the norms. Obedience is thus given to the norms rather than to the person.
   

Max Weber on Law and Economy in Society[4], Max Weber (translation) Image File history File links Cquote1. ... Image File history File links Cquote2. ...

That is, Weber holds that legal positions contain the basis of their own legitimacy. Some commentators[5] have gone a step further and argued that since the most influential groups control the political institutions of society, they will enjoy the most success in getting laws passed and judgements made in their favour. Indeed from a Marxist perspective the rules and decisions within legal systems can be traced directly to the ruling economic class. In contrast to Weber and Marx, the legal philosopher Lon L. Fuller argued that a legal system has authority because it must satisfy certain principles, which establish an "inner morality", if it is to succeed. These Fullerian principles have been criticized by some as ones only of efficacy (not morality) but for Fuller the crux of the inner morality is one of congruence, for this enshrines the Rule of Law as one of fair play. In this view law is a reciprocal moral compact between government and her citizens. Karl Heinrich Marx (May 5, 1818, Trier, Germany – March 14, 1883, London) was an immensely influential German philosopher, political economist, and socialist revolutionary. ... Social class refers to the hierarchical distinctions between individuals or groups in societies or cultures. ... Lon Louvois Fuller (1902-1978) is a noted legal douche-bag philosopher, who wrote The Morality of Law in 1964, discussing the connection between law and morality. ...


Argumentation theory is applied to evaluate the premises and conclusions of legal arguments, and to demonstrate the logical fallacies in certain arguments. Some lawyers now use argumentation theory to better prepare their complex arguments for jury trials. Argumentation theory, or argumentation, is the science of effective civil debate or dialogue and the effective propagation thereof, using rules of inference and logic, as applied in the real world setting. ... Logic, from Classical Greek λόγος (logos), originally meaning the word, or what is spoken, (but coming to mean thought or reason) is most often said to be the study of criteria for the evaluation of arguments, although the exact definition of logic is a matter of controversy among philosophers. ... A logical fallacy is an error in logical argument which is independent of the truth of the premises. ...


Anthropology of law

Law is seen by many to have an anthropological dimension. Thinkers from Montesquieu to the present day have held that law is shaped by the kind of society in which it is practised. One continuum into which various societies can be placed contrasts the "culture of law" with the "culture of honour". In order to have a culture of law, people must dwell in a society where a government exists whose authority is both hard to evade and generally recognised as legitimate. People take their grievances before the government and its agents, who arbitrate disputes and enforce penalties. This behaviour is contrasted with the culture of honour, where respect for persons and groups stems from fear of the revenge they may exact if their person, property, or prerogatives are not respected. Anthropology (from the Greek word άνθρωπος, human or person) consists of the study of humanity (see genus Homo). ... Montesquieu can refer to: Charles de Secondat, Baron de Montesquieu Several communes of France: Montesquieu, in the Hérault département Montesquieu, in the Lot-et-Garonne département Montesquieu, in the Tarn-et-Garonne département This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the... The word culture, from the Latin colo, -ere, with its root meaning to cultivate, generally refers to patterns of human activity and the symbolic structures that give such activity significance. ... Alexander Hamilton defending his honour by obliging to duel Aaron Burr. ... Revenge or vengeance consists of retaliation against a person or group in response to perceived wrongdoing. ...


Cultures of law must be maintained. They can be eroded by declining respect for the law, achieved either by weak government unable to wield its authority, or by burdensome restrictions that attempt to forbid behaviour prevalent in the culture or in some subculture of the society. When a culture of law declines, there is a possibility that a culture of honour will arise in its place. As understood in sociology, anthropology and cultural studies, a subculture is a set of people with a distinct set of behavior and beliefs that differentiate them from a larger culture of which they are a part. ...


The distinction between cultures of law and cultures of honour is anthropological; it does not directly concern philosophy of law or an internal viewpoint of law. In cultures of honour, most people will agree that they have a law. For most purposes, legal philosophers will also call their rules "law".


Analysis of law

Economic analysis of law (or economics and law) is the term usually employed to describe an approach to legal theory that incorporates and applies the methods and ideas of economics to the concepts of law. Law and economics, or Economic analysis of law, is the term usually applied to an approach to legal theory that incorporates methods and ideas borrowed from the discipline of economics. ... Buyers bargain for good prices while sellers put forth their best front in Chichicastenango Market, Guatemala. ...


Legal psychology involves the application of the study and practice of psychology to legal institutions and people who come into contact with the law. Legal psychology was defined by James Ogloff, in his article Two Steps Forward and One Step Back as the scientific study of the effect of law on people; and the effect people have on the law. ... Psychology (Gk: psyche, soul or mind + logos, speech) is an academic and applied field involving the study of the human mind, brain, and behavior. ...


Semiotics of law is the term usually employed to describe an approach to legal theory that incorporates and applies the methods and ideas of semiotics to the concepts of law. The International Journal of the Semiotics of Law specializes in this approach to legal theory. The International Round Table for the Semiotics of Law is held annually. To meet Wikipedias quality standards, this article or section may require cleanup. ...


History

Main article: Legal history
Please expand and improve this section as described on this article's talk page or at Requests for expansion, then remove this message.

Legal history is a term that has at least two meanings. ... Image File history File links Wiki_letter_w. ...

Practice of law

Practice of law is typically overseen by either a government organization or independent regulating body such as a bar association, bar council, barrister society, or law society. To practice law, the regulating body must certify the practitioner. This usually entails a two or three-year program at a university faculty of law or a law school, which earns the student a Bachelor of Laws, a Bachelor of Civil Law or a Juris Doctor degree. This course of study is followed by an entrance examination (e.g. bar admission). Some countries require a further vocational qualification before a person is permitted to practise law. In the case of those wishing to become a barrister], this would lead to a Barrister-at-law degree, followed by a year's apprenticeship (sometimes known as pupillage or devilling) under the oversight of an experienced barrister (or master). 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 and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor or civil... A bar association is a professional body of lawyers who, in some jurisdictions, are responsible for the regulation of the legal profession. ... A bar council in a Commonwealth country is a professional body that regulates the profession of barristers together with the Inns of Court. ... The Law Society of England and Wales is the professional association that regulates and represents the solicitors profession in England and Wales. ... Faculty of law is another name for a law school or school of law, the terms commonly used in the United States. ... // A law school is an institution where future lawyers obtain legal degrees. ... The degree of Bachelor of Laws is the principal academic degree in law in most common law countries other than the United States, where it has been replaced by the Juris Doctor degree. ... Bachelor of Civil Law or BCL is the name of various degrees in law in English-speaking countries. ... Juris Doctor (J.D.) is a first degree in law offered by universities in a number of countries, most notably the United States. ... In the United States, admission to the bar is permission granted to a lawyer to practice law. ... English barrister A barrister is a lawyer found in most common law jurisdictions who principally, but not exclusively, represents litigants as their advocate before the courts of that jurisdiction. ...


Advanced law degrees are also often pursued, though they are academic degrees and are not required for the practice of law. These include a Master of Laws, a Master of Legal Studies, and a Doctor of Laws. The Master of Laws is an advanced law degree that allows someone to specialize in a particular area of law. ... A M.S.L. is a masters degree offered by some law schools to students who wish to study the law but do not want to become attorneys. ... Doctor of Laws (Latin: Legum Doctor, LL.D) 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, for a government or as internal counsel at a private corporation. Another option is to become a legal researcher who provides on-demand legal research through a commercial service or on a freelance basis. Many people trained in law put their skills to use outside the legal field entirely. A law firm is a business entity formed by one or more lawyers to engage in the practice of law. ... Chambers may refer to Chambers, Nebraska Chambers County, Alabama Chambers Dictionary of the English Language Chambers of parliament Chambers, a judges office where motions concerning procedure are heard. ...


A significant component to the practice of law in the common law tradition involves legal research in order to determine the current state of the law. This usually entails exploring case-law reports, legal periodicals and legislation. Law practice also involves drafting documents such as court pleadings, persuasive briefs, contracts, or wills and trusts. Negotiation and dispute resolution skills are also important parts of legal practice, depending on the field. This article or section seems not to be written in the formal tone expected of an encyclopedia entry. ... Law reports (Commonwealth English) or reporters (American English) are series of books which contain judicial opinions from a selection of cases that have been decided by the courts. ... Legal Periodicals are issued in number at stated intervals that contains matters on a variety of legal topics distributed in the same way as in the case of general periodicals in to contributed articles, editorial materials, book reviews etc. ... Bold textJAMES CHECKLEY Legislation (or statutory law) is law which has been promulgated (or enacted) by a legislature or other governing body. ... In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ... Brief redirects here. ... A contract is a promise or an agreement that is enforced or recognized by the law. ... Look up will in Wiktionary, the free dictionary. ... This article or section does not cite its references or sources. ... It has been suggested that Adjudication be merged into this article or section. ...

Law
Legal systems Common law | Civil law | Customary law | Religious law | Socialist law | International law

Sources of law Statutory law (Legislation | Civil code | Statutory interpretation)
Non-statutory law (Custom | Case law | Equity)

Adjudication Public law (Criminal law | Constitutional law | Administrative law)
Private law (Civil law | Law of obligations | Contract | Tort | Wills and Trusts)
Courts (Adversarial system | Inquisitorial system | Judiciary | Lawyers)

Jurisprudence Philosophy of law | Natural law | Legal positivism | Legal formalism | Legal realism | Legal interpretivism | Feminist legal theory | Law and economics | Critical legal studies | Comparative law
See also:List of areas of law


Image File history File links Scale_of_justice. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law is a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges. ... In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. ... In the religious sense, law can be thought of as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. ... Socialist law is the official name of the legal system used in Communist states. ... International law deals with the relationships between states, or between persons or entities in different states. ... Statutory law is written law (as opposed to oral or customary law) set down by a legislature or other governing authority such as the executive branch of government in response to a perceived need to clarify the functioning of government, improve civil order, answer a public need, to codify existing... Bold textJAMES CHECKLEY Legislation (or statutory law) is law which has been promulgated (or enacted) by a legislature or other governing body. ... A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ... Statutory interpretation is the process of reading and applying statutory law. ... Common Law, now often referred to as Non-statutory law is the foundation for justice in the Union States under our constitional scheme. ... In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. ... Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz... The Court of Chancery, London, early 19th century This article is about concept of equity in Anglo-American jurisprudence. ... It has been suggested that this article or section be merged into Dispute resolution. ... This article or section does not cite its references or sources. ... Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... Constitutional law is the study of foundational laws that govern the scope of powers and authority of various bodies in relation to the creation and execution of other laws by a government. ... Administrative law is the body of law that arises from the activities of administrative agencies of government. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... In the common law, civil law refers to the area of law governing relations between private individuals. ... The Law of Obligations is one of the component elements of the civil law system of law and encompasses contractual obligations, quasi-contractual obligations such as unjust enrichment and extra-contractual obligations. ... A contract is a promise or an agreement that is enforced or recognized by the law. ... This article or section does not cite its references or sources. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... To meet Wikipedias quality standards, this article may require cleanup. ... An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ... In law, the judiciary or judicature is the system of courts which administer justice and provide a mechanism for the resolution of disputes. ... British barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ... Jurisprudence is essentially the theory and philosophy of law. ... Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as what is the law?, what are the criteria for legal validity?, what is the relationship between law and morality?, and many other similar questions. ... It has been suggested that Law of nature (precept) be merged into this article or section. ... Legal positivism is a school of thought in modern and contemporary jurisprudence and the philosophy of law. ... Legal formalism is a Positivist view in jurisprudence and the philosophy of law. ... Legal realism is a family of theories about the nature of law developed in the first half of the 20th century in the United States (American Legal Realism) and Scandinavia (Scandinavian Legal Realism). ... Interpretivism is a school of thought in contemporary jurisprudence and the philosophy of law. ... The study of feminist legal theory is a school thought based on the common view that laws treatment of women in relation to men has not been equal nor fair. ... Law and economics is the term usually applied to an approach to legal theory that incorporates methods and ideas borrowed from the discipline of economics. ... Critical legal studies refers to a movement in legal thought that applied methods similar to those of critical theory (the Frankfurt School) to law. ... Comparative law has increased enormously in importance in the present age of internationalism, economic globalisation and democratisation. ... The following is a list of major areas of legal practice and important legal subject-matters. ...


References

  1. ^ Adams J N and Brownsword R Understanding Law, 2003 p.20
  2. ^ Austin, J, The Province of Jurisprudence Determined, 1955, Weidenfeld and Nicolson
  3. ^ Hart, H L A The Concept of Law (1961)
  4. ^ Weber, M Max Weber on Law and Economy in Society (1954, p.336), (translated by M. Rheinstein and E. Shils, ed. M. Rheinstein), Cambridge, Harvard University Press
  5. ^ Chambliss, W J and Seidman, R B (1971) Law, Order and Power, Reading

See also

Lists

These should be the most basic topics in the field--topics about which wed like to have articles soon. ... The following is a list of major areas of legal practice and important legal subject-matters. ... This page aims to list terms relating to law, including the titles of all Wikipedia articles on the subject. ... This is a list of legal terms with short definitions. ... The following lists are of prominent jurists, including judges, listed in alphabetical order by jurisdiction. ... c. ... This list consists of lists of case law. ... . ...

Further reading

  • Blackstone, William, Sir. An analysis of the laws of England: to which is prefixed an introductory discourse on the study of the law. 3rd ed. Buffalo, N.Y.: W.S. Hein & Co., 189 pp., 1997. (originally published: Oxford : Clarendon Press, 1758) ISBN 1575884135
  • David, René, and John E. C. Brierley. Major Legal Systems in the World Today: An Introduction to the Comparative Study of Law. 3d ed. London: Stevens, 1985. ISBN 0420473408.
  • Ginsburg, Ruth B. A selective survey of English language studies on Scandinavian law. So. Hackensack, N.J.: F. B. Rothman, 53 pp., 1970. OCLC 86068
  • Glenn, H. Patrick Legal Traditions of the World: Sustainable Diversity in Law 2nd ed. London: Oxford University Press, 432 pp., 2004. ISBN 0199260885
  • Iuul, Stig, et al. Scandinavian legal bibliography. Stockholm: Almqvist & Wiksell, 196 pp., 1961. (series: Acta / Instituti Upsaliensis Iurisprudentiae Comparativae; 4) OCLC 2558738
  • Llewellyn, Karl N. & E. Adamson Hoebel. Cheyenne Way: Conflict & Case Law in Primitive Jurisprudence. special ed. New York City: Legal Classics Library, 374 pp., 1992. ISBN 0806118555
  • Nielsen, Sandro. The Bilingual LSP Dictionary. Principles and Practice for Legal language. Tübingeb.: Gunter Narr Verlag, 308 pp., 1994. (series: Forum für Fachsprachen-Forschung; Bd. 24) ISBN 3823345338

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  Results from FactBites:
 
RCRG Publications - The Nature of the Nexus Between Recordkeeping and the Law (8966 words)
The concept of a juridical system is a European one based on a particular theory of law, which provides a useful way of bringing together many ideas about records, recordkeeping, legal systems, social systems, and the mandates for recordkeeping activities.
`Juridical' is a term widely used in civil law countries in which the concept of the juridical system refers to the system of rules that binds social groups and regulates the legal facts dealing with social and legal relationships.
In summary the juridical model builds on the concept that all legal systems exist to enforce and protect the rights and obligations of individuals and groups in the system, and that records participate in actions that are recognised as binding within that system.
  More results at FactBites »

 
 

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