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| {{Short description|Latin expression meaning 'by law'}} | |||
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| {{refimprove|date=April 2014}} | |||
| {{Distinguish|Du jour|Dejure Foundation}} | |||
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| {{Use dmy dates|date=September 2020}} | |||
| {{wiktionary}} | |||
| '''''De Jure''''' ({{IPAc-en|d|i-|_|ˈ|dʒ|ʊər|iː|}}, {{IPAc-en|d|eɪ|-}};<ref>{{cite web|url=http://dictionary.reference.com/browse/de+jure|title=De jure - Define De Jure at Dictionary.com|work=Dictionary.com|accessdate=21 September 2014}}</ref><ref>{{cite web|url=http://www.oxfordlearnersdictionaries.com/definition/english/de-jure|title=de jure - Definition and pronunciation - Oxford Advanced Learner's Dictionary at OxfordLearnersDictionaries.com|publisher=|accessdate=21 September 2014}}</ref> ] '''''de iúre''''' {{IPA-la|dɛ ˈjuːrɛ|}}) is an expression that means "of right, by right, according to law" (literally "from law"),<ref>See I. 5. {{OED2|de}}</ref> as contrasted with '']'', which means "in fact, in reality" (literally "from fact"). The terms ''de jure'' and ''de facto'' are used instead of "in law" and "in practice", respectively, when one is describing ] or legal situations. | |||
| In ] and ], '''''de jure''''' ({{IPAc-en|d|eɪ|_|ˈ|dʒ|ʊər|i|,_|d|i|_|-|,_|-|_|ˈ|jʊər|-}}; {{IPA|la|deː ˈjuːre|lang}}; {{literal translation|by law}}) describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with '']'' ('in fact'), which describes situations that exist in reality, even if not formally recognized.<ref name="OxfordDF2">{{cite web|title=Definition of 'de facto' adjective from the Oxford Advanced Learner's Dictionary|url=http://www.OxfordLearnersDictionaries.com/definition/english/de-facto_2|publisher=Oxford University Press|website=OxfordLearnersDictionaries.com|access-date=11 July 2016}}</ref> | |||
| In a legal context, ''de jure'' is also translated as "concerning law". A practice may exist de facto, where, for example, the people obey a contract as though there were a law enforcing it, yet there is no such law. A process known as "]" may allow (de facto) practices to replace (de jure) laws that have fallen out of favor, locally. | |||
| == |
==Definition== | ||
| ''De jure'' is a ] expression composed of the words ''de'' (from) and ''jure'' (adjective form of '']'', meaning 'law').<ref>{{Cite web |title=A Dictionary of Greek and Roman Antiquities (1890), JUS |url=https://www.perseus.tufts.edu/hopper/text?doc=Perseus:text:1999.04.0063:entry=jus-cn |access-date=2024-11-08 |website=www.perseus.tufts.edu}}</ref><ref>{{cite web|url=http://www.Dictionary.com/browse/de-jure|title=de jure|publisher=Dictionary.com, LLC.|work=dictionary.com|access-date=11 July 2016}}</ref> | |||
| It is possible to have multiple simultaneous conflicting (de jure) legalities, possibly none of which is in force (''de facto''). After seizing power in 1526, ] made his brother, ], the lawful (''de jure'') ] of ]. Ahmad, however, was in practice (''de facto'') the actual Sultan, and his brother was a figurehead.<ref name="bvhlgfi">{{cite web|title=Aḥmad Grāñ |url=http://www.britannica.com/EBchecked/topic/10110/Ahmad-Gran |publisher=Encyclopædia Britannica, Inc. |accessdate=2014-05-04}}</ref> Between 1805 and 1914, the ] of ] ruled as ''de jure'' ]s of the ], but acted as ''de facto'' independent rulers who maintained a ] of Ottoman ]. However, from about 1882, the rulers had only ''de jure'' rule over Egypt, as it had by then become a British ]. Thus, Egypt was by Ottoman law ''de jure'' a province of the Ottoman Empire, but ''de facto'' was part of the ]. | |||
| ==Usage== | |||
| ⚫ | In |
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| ===Jurisprudence and ''de jure'' law=== | |||
| {{see also|Unenforced law}} | |||
| ⚫ | In ], particularly after '']'' (1954), the difference between ''de facto'' ] (that existed because of voluntary associations and neighborhoods) and ''de jure'' segregation (that existed because of local laws) became important distinctions for court-mandated remedial purposes.<ref name="AndersonByrne2004">{{cite book|author1=James Anderson|author2=Dara N. Byrne|title=The Unfinished Agenda of Brown V. Board of Education|url=https://books.google.com/books?id=DQSryuTGxCcC&pg=PA55|date=29 April 2004|publisher=Diverse: Issues In Higher Education|isbn=978-0-471-64926-7|pages=55–}}</ref> | ||
| In Canada, ] is illegal in law, but there is widespread use in practice, especially in British Columbia. It is strikingly similar to the existence of speakeasies during ], wherein enforcement of laws departed from the letter, because of widespread and popular practice. | |||
| ===Government and culture=== | |||
| Between 1805 and 1914, the ] of ] was subject to the rulers of the ] but acted as ''de facto'' independent rulers who maintained the ] of Ottoman ]. However, starting from around 1882, the rulers had only ''de jure'' rule over Egypt, as it had by then become a British ].<ref>{{Cite book |last=Mak |first=Lanver |url=https://books.google.com/books?id=cfJC1zLvBhQC&q=veiled%20protectorate&pg=PA10 |title=The British in Egypt: Community, Crime and Crises 1882–1922 |date=2012-03-15 |publisher=I.B.Tauris |isbn=9781848857094 |language=en}}</ref> Thus, by Ottoman law, Egypt was ''de jure'' a province of the Ottoman Empire, but ''de facto'' was part of the ]. | |||
| ===Borders=== | |||
| The ''de jure'' borders of a country are defined by the area its government claims, but not necessarily controls. Modern examples include ] (claimed but not controlled by ])<ref>{{cite journal |last1=Fabry |first1=Mikulas |title=The Effect of ’One China’ Policies of Foreign States on the International Status of Taiwan |journal=Diplomacy & Statecraft |date=2 January 2024 |volume=35 |issue=1 |pages=90–115 |doi=10.1080/09592296.2024.2303855}}</ref> and ] (claimed by ]).<ref>{{citation|last1=Osmańczyk|first1=Edmund Jan|title=Encyclopedia of the United Nations and International Agreements: G to M |url=https://books.google.com/books?id=fSIMXHMdfkkC&pg=PA1191|year=2003|publisher=Taylor & Francis|isbn=978-0-415-93922-5 |pages=1191–|access-date=18 December 2021|archive-date=17 January 2023|archive-url=https://web.archive.org/web/20230117140437/https://books.google.com/books?id=fSIMXHMdfkkC&pg=PA1191|url-status=live}}</ref> | |||
| ==See also== | ==See also== | ||
| {{Wiktionary}} | |||
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| {{Portal|Law}} | |||
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| ==References== | ==References== | ||
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Latest revision as of 02:35, 8 November 2024
Latin expression meaning 'by law'Not to be confused with Du jour or Dejure Foundation.
In law and government, de jure (/deɪ ˈdʒʊəri, di -, - ˈjʊər-/; Latin: [deː ˈjuːre]; lit. 'by law') describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with de facto ('in fact'), which describes situations that exist in reality, even if not formally recognized.
Definition
De jure is a Latin expression composed of the words de (from) and jure (adjective form of jus, meaning 'law').
Usage
Jurisprudence and de jure law
See also: Unenforced lawIn U.S. law, particularly after Brown v. Board of Education (1954), the difference between de facto segregation (that existed because of voluntary associations and neighborhoods) and de jure segregation (that existed because of local laws) became important distinctions for court-mandated remedial purposes.
Government and culture
Between 1805 and 1914, the ruling dynasty of Egypt was subject to the rulers of the Ottoman Empire but acted as de facto independent rulers who maintained the polite fiction of Ottoman suzerainty. However, starting from around 1882, the rulers had only de jure rule over Egypt, as it had by then become a British puppet state. Thus, by Ottoman law, Egypt was de jure a province of the Ottoman Empire, but de facto was part of the British Empire.
Borders
The de jure borders of a country are defined by the area its government claims, but not necessarily controls. Modern examples include Taiwan (claimed but not controlled by China) and Kashmir (claimed by multiple countries).
See also
References
- "Definition of 'de facto' adjective from the Oxford Advanced Learner's Dictionary". OxfordLearnersDictionaries.com. Oxford University Press. Retrieved 11 July 2016.
- "A Dictionary of Greek and Roman Antiquities (1890), JUS". www.perseus.tufts.edu. Retrieved 8 November 2024.
- "de jure". dictionary.com. Dictionary.com, LLC. Retrieved 11 July 2016.
- James Anderson; Dara N. Byrne (29 April 2004). The Unfinished Agenda of Brown V. Board of Education. Diverse: Issues In Higher Education. pp. 55–. ISBN 978-0-471-64926-7.
- Mak, Lanver (15 March 2012). The British in Egypt: Community, Crime and Crises 1882–1922. I.B.Tauris. ISBN 9781848857094.
- Fabry, Mikulas (2 January 2024). "The Effect of 'One China' Policies of Foreign States on the International Status of Taiwan". Diplomacy & Statecraft. 35 (1): 90–115. doi:10.1080/09592296.2024.2303855.
- Osmańczyk, Edmund Jan (2003), Encyclopedia of the United Nations and International Agreements: G to M, Taylor & Francis, pp. 1191–, ISBN 978-0-415-93922-5, archived from the original on 17 January 2023, retrieved 18 December 2021