Lady Justice , often used as a personification of the law, holding a sword in one hand and scales in the other.Law 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 legislature , resulting in statutes ; by the executive through decrees and regulations ; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. 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. Religious law is in use in some religious communities and states, and has historically influenced secular law.
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...
In early December 1936, a constitutional crisis in the British Empire arose when King Edward VIII proposed to marry Wallis Simpson , an American, who was divorced from her first husband and was in the process of divorcing her second.
The marriage was opposed by the governments of the United Kingdom and the Dominions of the British Commonwealth . Religious, legal, political, and moral objections were raised. As the British monarch , Edward was the nominal head of the Church of England , which at this time did not allow divorced people to remarry in church if their ex-spouses were still alive. For this reason, it was widely believed that Edward could not marry Simpson and remain on the throne. As a twice-divorced woman, Simpson was perceived to be politically, morally and socially unsuitable as a prospective queen consort . It was widely assumed by the Establishment that she was driven by love of money or position rather than love for the King. Despite the opposition, Edward declared that he loved Simpson and intended to marry her as soon as her second divorce was finalised.
The widespread unwillingness to accept Simpson as the King's consort and Edward's refusal to give her up led to his abdication in December 1936. He was succeeded by his brother Albert, who became George VI . Edward was given the title of Duke of Windsor , and styled Royal Highness , following his abdication, and he married Simpson the following year. They remained married until his death 35 years later. (Full article...
Sherman Shay " Minton (October 20, 1890 – April 9, 1965) was an American politician and jurist who served as a U.S. senator from Indiana and later became an associate justice of the Supreme Court of the United States ; he was a member of the Democratic Party .
After attending college and law school, Minton served as a captain in World War I , following which he launched a legal and political career. In 1930, after multiple failed election attempts, and serving as a regional leader in the American Legion , he became a utility commissioner under the administration of Paul V. McNutt , Governor of Indiana . Four years later, Minton was elected to the United States Senate . During the campaign, he defended New Deal legislation in a series of addresses in which he suggested it was not necessary to uphold the United States Constitution during the Great Depression . Minton's campaign was denounced by his political opponents, and he received more widespread criticism for an address that became known as the "You Cannot Eat the Constitution" speech. As part of the New Deal Coalition , Minton championed President Franklin D. Roosevelt 's unsuccessful court packing plans in the Senate and became one of his top Senate allies.
After Minton failed in his 1940 Senate reelection bid, Roosevelt appointed him as a United States circuit judge of the United States Court of Appeals for the Seventh Circuit . After Roosevelt's death, President Harry S. Truman , who had developed a close friendship with Minton during their time together in the Senate, nominated him to the Supreme Court. He was confirmed by the Senate on October 4, 1949, by a vote of 48 to 16, 15 Republicans and one Democrat (Harry Flood Byrd of Virginia) voting against him. He served on the Supreme Court for seven years. An advocate of judicial restraint , Minton was a regular supporter of the majority opinions during his early years on the Court; he became a regular dissenter after President Dwight Eisenhower 's appointees altered the court's composition. In 1956, poor health forced Minton to retire, after which he traveled and lectured until his death in 1965. As of 2023, he is the last member of the United States Congress to be named to the Supreme Court. (Full article...
A statute 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 Statute of Monopolies 21 Jas. 1 . c. 3) was an act of the Parliament of England notable as the first statutory expression of English patent law. Patents evolved from letters patent , issued by the monarch to grant monopolies over particular industries to skilled individuals with new techniques. Originally intended to strengthen England's economy by making it self-sufficient and promoting new industries, the system gradually became seen as a way to raise money (through charging patent-holders) without having to incur the public unpopularity of a tax. Elizabeth I particularly used the system extensively, issuing patents for common commodities such as starch and salt. Unrest eventually persuaded her to turn the administration of patents over to the common law courts, but her successor, James I , used it even more. Despite a committee established to investigate grievances and excesses, Parliament made several efforts to further curtail the monarch's power. The result was the Statute of Monopolies, passed on 29 May 1624.
The statute repealed some past and future patents and monopolies but preserved exceptions: one of these was for patents for novel inventions. Seen as a key moment in the evolution of patent law, the statute has also been described as "one of the landmarks in the transition of [England's] economy from the feudal to the capitalist". Even with the statute in force, it took over a century for a comprehensive legal doctrine around patents to come into existence, and James I's successor Charles I regularly abused the patents system by ensuring that all cases relating to his actions were heard in conciliar courts , which he controlled. The English Civil War and the resulting English Restoration finally curtailed this system. The statute is still the basis for Australian law, and until the United Kingdom began following the European Patent Convention in 1977, was also a strong pillar of the United Kingdom's intellectual property law. (Full article...
... that Dutch physician Aletta Jacobs ′constitutional amendment granting voting rights only to men? ... that when Henry McCardie barrister , he often worked so late that his chambers were nicknamed "the lighthouse", as there was light coming from the windows? ... that the diaries of James Humphreys
Case law 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...
Jones v Kaney [2011] UKSC 13 is a 2011 decision of the Supreme Court of the United Kingdom on whether expert witnesses retained by a party in litigation can be sued for professional negligence in England and Wales, or whether they have the benefit of immunity from suit. The case involved a psychologist (Kaney) instructed as an expert witness in a personal injury claim, who was said to have negligently signed a statement of matters agreed with the expert instructed by the opposing side, in which she made a number of concessions that weakened the claim considerably. As a result, according to the injured claimant (Jones), he had to settle the claim for much less than he would have obtained had his expert not been careless. To succeed in the claim, he had to overturn an earlier Court of Appeal decision that had decided that preparation of a joint statement with the other side's expert was covered by immunity from suit. Kaney therefore succeeded in getting the claim struck out before trial on an application heard by Mr Justice Blake in the High Court of Justice . The judge issued a certificate allowing the claimant to "leapfrog " the Court of Appeal and go straight to the Supreme Court to appeal against his decision.
The Supreme Court, by a majority of five to two, decided that expert witnesses were not immune in the law of England and Wales from claims in tort or contract for matters connected with their participation in legal proceedings. This reversed a line of authority dating back 400 years. The case considered the narrow issue, namely whether preparation of a joint statement by experts was immune from suit, and the wider public policy issue of whether litigants should be able to sue experts that they had instructed for breach of duty. There was discussion about whether removing the immunity would have a "chilling effect" on the willingness of experts to participate in court proceedings, although judges on both sides of the decision agreed that there was no empirical evidence on the point. Lord Phillips , a member of the majority, compared the situation of expert witnesses with that of advocates, on the basis that both owed duties to clients and to the court. Advocates' immunity from claims in negligence had been removed in 2001 in Hall v Simons . The change, he said, had not led to an increase in vexatious claims or a reduction in the performance of duties owed by advocates to the court. Lord Hope , in the minority, said that experts and advocates had different functions and so disagreed with the comparison. He also pointed out that English law would now be different from Scots law on this issue. (Full article...
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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 Philosophers of law ask "what is law, and what should it be?" (from
Jurisprudence )
Image 3 King John of England signs the Magna Carta (from
Legal history )
Image 4 Corpus Iuris Civilis , 1607 (from
Judiciary )
Image 5 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 )
Image 6 Oliver Wendell Holmes was a self-styled legal realist. (from
Jurisprudence )
Image 8 Mill believed law should create happiness. (from
Jurisprudence )
Image 9 Thomas Aquinas was the most influential Western medieval legal scholar. (from
Jurisprudence )
Image 10 Image of pages from the
Decretum of
Burchard of Worms , an 11th-century book of canon law (from
Canon law )
Image 11 Gratian (from
Judiciary )
Image 12 "With law shall land be built", from the
Code of Jutland (1241) above the
Copenhagen Court House ,
Denmark (from
Legal history )
Image 14 Plato (left) and
Aristotle (right), a detail of
The School of Athens (from
Jurisprudence )
Image 15 Lady Justice (Latin:
Justicia ), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from
Judiciary )
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