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| ] or Justitia is a personification of the moral force that underlies the legal system. Her blindfold symbolises ] under the law through impartiality towards its subjects, the weighing scales represent the ] of people's interests under the law, and her sword denotes the law's force of ].]] | |||
| ..!.. | |||
| '''Law'''<ref>From ] ''lagu'' "something laid down or fixed"; ''legal'' comes from ] ''legalis'', from '']'' "law", "statute" (, Online Etymology Dictionary; , Merriam-Webster's Online Dictionary)</ref> is a system of rules to be enforced through a set of ]s.<ref>Robertson, ''Crimes against humanity'', 90; see ] for extensive debate on what law is; ] argued law is a "system of rules" in his work '']'' (Campbell, ''The Contribution of Legal Studies'', 184); ] said law was "the command of a sovereign, backed by the threat of a sanction" (Bix, ); Ronald Dworkin describes law as an "interpretive concept" to achieve ] (Dworkin, ''Law's Empire'', 410); and ] argues law is an "authority" to mediate people's interests (Raz, ''The Authority of Law'', 3–36).</ref> It shapes ], ] and ] in numerous ways. ] regulates everything from buying a bus ticket to trading ]s on a ]. ] defines rights and obligations related to transfer and title of ] and ], for instance, in mortgaging or renting a home. ] applies to assets held for investment and financial security, such as pension funds. ] law allows claims for compensation when someone or their ] is injured or harmed. If the harm is criminalised in a penal code, ] offers means by which the state prosecutes and punishes the perpetrator. ] provides a framework for creating laws, protecting people's ], and ] ] representatives. ] relates to the activities of administrative agencies of government. ] regulates affairs between sovereign ]s in everything from ] to the ] to ] action. "The ]", wrote the ] philosopher ] in 350 BC, "is better than the rule of any individual."<ref>n.b. this translation reads, "it is more proper that law should govern than any one of the citizens" (Aristotle, ''Politics'' ]).</ref> | |||
| ] around the world elaborate legal ]s and responsibilities in different ways. A basic distinction is made between ] ]s and systems using ]. Some countries persist in basing their law on ]. Scholars investigate the nature of law through many perspectives, including ] and ], or ] such as ] and ]. The study of law raises important questions about ], ] and ], which are not always simple. "In its majestic equality", said the author ] in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread."<ref>The original French is: "la loi, dans un grand souci d'égalité, interdit aux riches comme aux pauvres de coucher sous les ponts, de mendier dans les rues et de voler du pain" (France, ''The Red Lilly'', ).</ref> The most important institutions for law are the ], the ], the ], its ], the ] and ], the ] and ]. | |||
| ==Legal subjects== | |||
| Though all legal systems must deal with similar issues, different countries often categorise and name legal subjects in different ways. Quite common is the distinction between "]" subjects, which relate closely to the ] (including constitutional, administrative and criminal law), and "]" subjects (including contract, ] and property).<ref>Although some scholars argue that "the boundaries between public and private law are becoming blurred," and that this distinction has become mere "folklore" (Bergkamp, ''Liability and Environment'', 1–2).</ref> In ] systems, contract and tort fall under a general ] and trusts law is dealt with under statutory regimes or ]. ], ] and ], ], contract, tort, property law and ] are regarded as the "traditional core subjects",<ref>E.g. in England these seven subjects, with EU law substituted for international law, make up a . For criticism, see ]' poignant comments attached to a previous version of the .</ref> although there are many ] which might be of greater practical importance. | |||
| ===International law=== | |||
| {{Main|Public international law|Conflict of laws|European Union law}} | |||
| ] | |||
| In a global economy, law is ] too. International law can refer to three things: public international law, private international law or conflict of laws and the law of supranational organisations. | |||
| *''']''' concerns relationships among sovereign nations. It has a special status as law because there is no international police force, and courts lack the capacity to penalise disobedience.<ref>The prevailing manner of enforcing international law is still essentially "self help"; that is the reaction by states to alleged breaches of international obligations by other states (Robertson, ''Crimes against Humanity'', 90; Schermers-Blokker, ''International Institutional Law'', 900–901).</ref> The ] for public international law to develop are ], practice and treaties between sovereign nations. The ], founded under the ], is one of the most important international organisations. It was established after the ]' failed to prevent the ]. International agreements, like the ] on the conduct of ], and international bodies such as the ], ], the ], or the ], also form a growing part of public international law. | |||
| * ''']''' (or "private international law" in ] countries) concerns which ] a legal dispute between private parties should be heard in and which jurisdiction's law should be applied. Today, businesses are increasingly capable of shifting ] and ] supply chains across borders, as well as trading with overseas businesses. This increases the number of disputes outside a unified legal framework. Increasing numbers of businesses opt for commercial arbitration under the ]. | |||
| * ''']''' is the first and thus far only example of a ]. However, given increasing global economic integration, many regional agreements—especially the ]—are on track to follow the same model. In the EU, sovereign nations have pooled their authority through a system of ] and ]. They have the ability to enforce legal norms against and for member states and citizens, in a way that public international law does not.<ref>Schermers-Blokker, ''International Institutional Law'', 943</ref> As the European Court of Justice said in 1962, European Union law constitutes "a new legal order of international law" for the mutual social and economic benefit of the member states.<ref>, Eur-Lex</ref> | |||
| ===Constitutional and administrative law=== | |||
| {{Main|Constitutional law|Administrative law}} | |||
| ], whose principles still have constitutional value]] | |||
| Constitutional and administrative law govern the affairs of the state. ] concerns both the relationships between the ], ] and ] and the ] or ] of individuals against the state. Most jurisdictions, like the ] and ], have a single codified constitution, with a ]. A few, like the ], have no such document; in those jurisdictions the constitution is composed of ], ] and ]. A case named '']''<ref>'']'' (1765) 19 Howell's State Trials 1030</ref> illustrates a constitutional principle deriving from the common law. Mr Entick's house was searched and ransacked by Sheriff Carrington. When Mr Entick complained in court, Sheriff Carrington argued that a warrant from a Government minister, the ], was valid authority. However, there was no written statutory provision or court authority. The leading judge, ], stated that, | |||
| <blockquote>"The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole… If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment."</blockquote> | |||
| The fundamental constitutional principle, inspired by ],<ref>Locke, ''The Second Treatise'', ]</ref> is that the individual can do anything but that which is forbidden by law, and the state may do nothing but that which is authorised by law. ] is the chief method for people to hold state bodies to account. People can apply for ] of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law. The first specialist administrative court was the '']'' set up in 1799, as ] assumed power in ].<ref name="A75">Auby, ''Administrative Law in France'', 75</ref> | |||
| ===Criminal law=== | |||
| {{Main|Criminal law}} | |||
| ], for ] in ]]] | |||
| Criminal law is the body of law that defines criminal offences and the penalties for convicted offenders.<ref name="BrCr">{{cite encyclopedia|title=Criminal law|encyclopedia=Encyclopaedia Britannica}}</ref> Apprehending, charging, and trying suspected offenders is regulated by the law of ].<ref name="BrPr">{{cite encyclopedia|title=Procedural law|encyclopedia=Encyclopaedia Britannica}}</ref> The paradigm case of a crime lies in the proof, ], that a person is guilty of two things. First, the accused must commit an act which is deemed by society to be criminal, or '']'' (guilty act).<ref>'']'', 370 U.S. 660 (1962).</ref> Second, the accused must have the requisite ] to do a criminal act, or '']'' (guilty mind). However for so called "]" crimes, which include cases like ], proof of ''mens rea'' is not necessary. An ''actus reus'' is enough.<ref>e.g. '']'', 392 U.S. 514 (1968).</ref> | |||
| Examples of different kinds of crime include ], ], ] or ]. In exceptional circumstances, defences can exist to some crimes, such as killing in ], or pleading ]. Another example is in the 19th century English case of ],<ref>'']'' ( 14 QBD 273 DC)</ref> which tested a defence of "]". The ''Mignotte'', sailing from ] to ], sank. Three crew members and a cabin boy were stranded on a raft. They were starving and the cabin boy was close to death. Driven to extreme hunger, the crew killed and ] the cabin boy. The crew survived and were rescued, but put on trial for murder. They argued it was necessary to kill the cabin boy to preserve their own lives. ], expressing immense disapproval, ruled, "to preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it." The men were sentenced to ], but public opinion, especially among seafarers, was outraged and overwhelmingly supportive of the crew's right to preserve their own lives. In the end, the ] commuted their sentences to six months in jail. | |||
| Criminal law offences are viewed as offences against not just individual victims, but the community as well.<ref name="BrCr" /> The state, usually with the help of police, takes the lead in prosecution, which is why in common law countries cases are cited as "''The People'' v. …" or "''R.'' (for ] or ]) v. …" Also, lay ] are often used to determine the guilt of defendants on points of fact: juries cannot change legal rules. Some developed countries still condone ] for criminal activity, but the normal punishment for a crime will be ], ]s, state supervision (such as probation), or ]. Modern criminal law has been affected considerably by the social sciences, especially with respect to ], legal research, legislation, and ].<ref name="BrCr" /> On the international field, 105 countries have signed the enabling treaty for the ], which was established to try people for ].<ref>, International Criminal Court</ref> | |||
| ===Contract law=== | |||
| {{Main|Contract}} | |||
| ] the Co. because it could not fulfill the terms it advertised]] | |||
| The concept of a "contract" is based on the Latin phrase '']'' (agreements must be kept).<ref>Wenberg, ''Pacta Sunt Servanda'', 775</ref> Contracts can be simple everyday buying and selling or complex multi-party agreements. They can be made orally (e.g. buying a newspaper) or in writing (e.g. signing a contract of employment). Sometimes ], such as writing the contract down or having it ]ed, are required for the contract to take effect (e.g. when buying a house).<ref>e.g. In England, s.52 Law of Property Act 1925</ref> | |||
| In common law jurisdictions, there are three key elements to the creation of a contract. These are ], ] and an intention to create legal relations. For example, in '']''<ref name="CCSBCE">''Carlill v. Carbolic Smoke Ball Company'' 1 QB 256]]. See a full law report from </ref> a medical firm advertised that its new wonder drug, the smokeball, would cure people's ], and if it did not, the buyers would get ]100. Many people sued for their £100 when the drug did not work. Fearing ], Carbolic argued the advert was not to be taken as a serious, legally binding offer. It was an ], mere puff, a gimmick. But the court of appeal held that to a ] Carbolic had made a serious offer. People had given good ] for it by going to the "distinct inconvenience" of using a faulty product. "Read the advertisement how you will, and twist it about as you will", said ], "here is a distinct promise expressed in language which is perfectly unmistakable".<ref name="CCSBCE" /> | |||
| "Consideration" means all parties to a contract must exchange something of value to be able to enforce it. Some common law systems, like ], are moving away from consideration as a requirement for a contract. The concept of ] or ''culpa in contrahendo'' can be used to create obligations during pre-contractual negotiations.<ref>''Austotel v. Franklins'' (1989) 16 NSWLR 582</ref> In ] jurisdictions, consideration is not a requirement for a contract at all.<ref>e.g. In Germany, ]</ref> In ], an ordinary contract is said to form simply on the basis of a "meeting of the minds" or a "concurrence of wills". ] has a special approach to contracts, which ties into property law. Their ']' (''Abstraktionsprinzip'') means that the personal obligation of contract forms separately from the title of property being conferred. When contracts are invalidated for some reason (e.g. a car buyer is so drunk that he lacks legal capacity to contract)<ref> ]</ref> the contractual obligation to pay can be invalidated separately from the proprietary title of the car. ] law, rather than contract law, is then used to restore title to the rightful owner.<ref>Smith, ''The Structure of Unjust Enrichment Law'', 1037</ref> | |||
| ===Tort law=== | |||
| {{Main|Tort}} | |||
| ]" two were involved in the longest running case in UK history for publishing a pamphlet criticising ] restaurants]] | |||
| Torts, sometimes called ]s, are civil wrongs. To have acted tortiously, one must have breached a duty to another person, or infringed some pre-existing legal right. A simple ] might be accidentally hitting someone with a cricket ball.<ref>'']'' A.C. 850</ref> Under ] law, the most common form of tort, the injured party could potentially claim compensation for his injuries from the party responsible. The principles of negligence are illustrated by '']''.<ref name="DvS">'']'' ( A.C. 532, 1932 S.C. (H.L.) 31, All ER Rep 1]]). See the original text of the case in .</ref> A friend of Mrs Donoghue ordered an opaque bottle of ] (intended for the consumption of Mrs Donoghue) in a café in ]. Having consumed half of it, Mrs Donoghue poured the remainder into a tumbler. The decomposing remains of a ] floated out. She claimed to have suffered from shock, fell ill with gastroenteritis and sued the manufacturer for carelessly allowing the drink to be contaminated. The ] decided that the manufacturer was liable for Mrs Donoghue's illness. ] took a distinctly moral approach, and said, | |||
| <blockquote>"The liability for negligence… is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay… The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour."<ref>'']'' A.C. 532, 580</ref></blockquote> | |||
| This became the basis for the four principles of negligence; (1) Mr Stevenson owed Mrs Donoghue a ] to provide safe drinks (2) he ] his duty of care (3) the harm would not have occurred ] his breach and (4) his act was the ], or not too ] a consequence, of her harm.<ref name="DvS" /> Another example of tort might be a neighbour making excessively loud noises with machinery on his property.<ref>''Sturges v. Bridgman'' (1879) 11 Ch D 852</ref> Under a ] claim the noise could be stopped. Torts can also involve intentional acts, such as ], ] or ]. A better known tort is ], which occurs, for example, when a newspaper makes unsupportable allegations that damage a politician's reputation.<ref>e.g. concerning a British politician and the Iraq War, ''] v. Telegraph Group Ltd'' EWHC 2786</ref> More infamous are economic torts, which form the basis of ] in some countries by making trade unions liable for strikes,<ref>'']'' AC 426</ref> when statute does not provide immunity.<ref>In the UK, ]; c.f. in the U.S., ]</ref> | |||
| ===Property law=== | |||
| {{Main|Property law}} | |||
| ], one of the world's first ever ]s and crashes, led to strict regulation on share trading]] | |||
| Property law governs everything that people call 'theirs'. ], sometimes called 'real estate' refers to ownership of land and things attached to it.<ref>{{cite web | title=''Hunter v. Canary Wharf Ltd.'' (1997) 2 AllER 426 | url=http://www.publications.parliament.uk/pa/ld199697/ldjudgmt/jd970424/hunter01.htm}}</ref> ], refers to everything else; movable objects, such as computers, cars, jewelry, and sandwiches, or intangible rights, such as ]. A right '']'' is a right to a specific piece of property, contrasting to a right '']'' which allows compensation for a loss, but not a particular thing back. Land law forms the basis for most kinds of property law, and is the most complex. It concerns ]s, ], ], ]s, ]s and the statutory systems for land registration. Regulations on the use of personal property fall under ], ], ] and ]. An example of a basic case of most property law is '']''.<ref>''Armory v. Delamirie'' (1722) 93 ER 664, 1 Strange 505</ref> A ]'s boy found a jewel encrusted with precious stones. He took it to a goldsmith to have it valued. The goldsmith's apprentice looked at it, sneakily removed the stones, told the boy it was worth three ] and that he would buy it. The boy said he would prefer the jewel back, so the apprentice gave it to him, but without the stones. The boy sued the goldsmith for his apprentice's attempt to cheat him. Lord Chief Justice Pratt ruled that even though the boy could not be said to own the jewel, he should be considered the ] until the original owner is found. In fact the apprentice and the boy both had a right of '']'' in the jewel (a technical concept, meaning evidence that something ''could'' belong to someone), but the boy's possessory interest was considered better, because it could be shown to be first in time. Physical possession is nine tenths of the law, but not all. | |||
| This case is used to support the view of property in common law jurisdictions, that the person who can show the best claim to a piece of property, against any contesting party, is the owner.<ref>P. Matthews, ''The Man of Property'', 251–274</ref> | |||
| By contrast, the classic civil law approach to property, propounded by ], is that it is a right good against the world. Obligations, like contracts and torts are conceptualised as rights good between individuals.<ref>Savigny. ''Das Recht des Besitzes'', </ref> The idea of ] raises many further philosophical and political issues. The English philosopher ] argued that our "lives, liberties and estates" are our property because we own our bodies and ] with our surroundings.<ref>Locke, ''Second Treatise on Civil Government'', .</ref> The idea of privately owned property has been contentious in the view of a number of thinkers. ], an ] thinker, argued in 1840 that "]".<ref>Proudhon, ''What is Property?'', </ref> | |||
| ===Equity and Trusts=== | |||
| {{Main|Equity (law)|Trust law|}} | |||
| ], London, early 19th century]] | |||
| Equity is a body of rules that developed in England separately from the "common law". The common law was administered by judges. The ] on the other hand, as the King's keeper of conscience, could overrule the judge made law if he thought it equitable to do so.<ref>McGhee, ''Snell's Equity'', 7</ref> This meant equity came to operate more through ] than rigid rules. For instance, whereas neither the common law nor civil law systems allow people to split the ownership from the control of one piece of property, equity allows this through an arrangement known as a 'trust'. 'Trustees' control property, whereas the 'beneficial' (or 'equitable') ownership of trust property is held by people known as 'beneficiaries'. Trustees owe duties to their beneficiaries to take good care of the entrusted property.<ref>c.f. '']'' Ch 1</ref> In the early case of '']''<ref>'']'' (1726) Sel Cas. Ch.61</ref> a child had inherited the ] on a ] in ], London. Mr Sandford was entrusted to look after this property until the child matured. But before then, the lease expired. The landlord had (apparently) told Mr Sandford that he did not want the child to have the renewed lease. Yet the landlord was happy (apparently) to give Mr Sandford the opportunity of the lease instead. Mr Sandford took it. When the child (now Mr Keech) grew up, he sued Mr Sandford for the profit that he had been making by getting the market's lease. Mr Sandford was meant to be trusted, but he put himself in a position of ]. The Lord Chancellor, ], agreed and ordered Mr Sandford should disgorge his profits. He wrote, | |||
| <blockquote>"I very well see, if a trustee, on the refusal to renew, might have a lease to himself few trust-estates would be renewed… This may seem very hard, that the trustee is the only person of all mankind who might not have the lease; but it is very proper that the rule should be strictly pursued and not at all relaxed."<ref>''Keech v. Sandford'' (1726) Sel Cas. Ch.61</ref></blockquote> | |||
| Of course, Lord King LC was worried that trustees might exploit opportunities to use trust property for themselves instead of looking after it. Business speculators using trusts had just recently caused a ]. Strict duties for trustees made their way into company law and were applied to directors and ]s. Another example of a trustee's duty might be to invest property wisely or sell it.<ref>''Nestle v. National Westminster Bank plc'' 1 WLR 1260</ref> This is especially the case for ] funds, the most important form of trust, where investors are trustees for people's savings until ]. But trusts can also be set up for ], famous examples being the ] or the ]. | |||
| ===Further disciplines=== | |||
| Law spreads far beyond the core subjects into virtually every area of life. Three categories are presented for convenience, though the subjects intertwine and flow into one another.<!-- mixed metaphor --> | |||
| ;Law and society | |||
| ] while on strike]] | |||
| * ''']''' is the study of a tripartite industrial relationship between worker, employer and ]. This involves ] regulation, and the right to ]. Individual employment law refers to workplace rights, such as ] or a ]. | |||
| * ''']''', ] and ] are important fields to guarantee everyone basic freedoms and entitlements. These are laid down in codes such as the ], the ] and the ]. | |||
| * ''']''' and ''']''' concern the rules that courts must follow as a ] and appeals proceed. Both concern a citizen's ] or hearing. | |||
| * ''']''' law involves which materials are admissible in courts for a case to be built. | |||
| * ''']''' and ''']''' concern the rights of foreigners to live and work in a nation-state that is not their own and to acquire or lose ]. Both also involve the ] and the problem of ] individuals. | |||
| * ''']''' law refers to the rights people have to social insurance, such as jobseekers' allowances or housing benefits. | |||
| * ''']''' covers ] and ] proceedings, the rights of children and rights to property and money in the event of separation. | |||
| ;Law and commerce | |||
| ] trading floor]] | |||
| * ''']''' covers complex contract and property law. The law of ], ], ], ] and ] and sales law are all important, and trace back to the mediæval '']''. The UK ] and the US ] are examples of codified common law commercial principles. | |||
| * ''']''' sprung from the law of trusts, on the principle of separating ownership of property and control.<ref>Berle, ''Modern Corporation and Private Property''</ref> The law of the modern ] began with the ''Joint Stock Companies Act'', passed in the ] in 1865, which protected investors with ] and conferred ]. | |||
| * ''']''' deals with ]s, ]s and ]s. These are intangible assets: the right to protect your invention from imitation, your brand name from appropriation, or a song you wrote from performance and plagiarism. | |||
| *''']''' deals with the recovery of someone else's gain, rather than ] for one's own loss. | |||
| * ''']''' is law covering a right to retrieve property from someone that has profited unjustly at another's expense. | |||
| ;Law and regulation | |||
| ] trading floor after the ], before tougher ] was introduced]] | |||
| * ''']''' involves regulations that concern ], ], ]. | |||
| * ''']''' and ] set minimum standards on the amounts of capital banks must hold, and rules about best practice for investment. This is to insure against the risk of economic crises, such as the ]. | |||
| * ''']''' deals with the provision of ] and ]. ''']''' is one example. Especially since ] became popular, private companies doing the jobs previously controlled by government have been bound by social responsibilities. ], ] ] and ] are regulated industries in most ] countries. | |||
| * ''']''', known in the U.S. as ] law, is an evolving field that traces as far back as ] decrees against ] and the English ] doctrine. Modern competition law derives from the U.S. anti-cartel and anti-monopoly statutes (the ] and ]) of the turn of the 20th century. It is used to control businesses who attempt to use their economic influence to distort market prices at the expense of ]. | |||
| * ''']''' could include anything from regulations on unfair ] and clauses to directives on airline baggage insurance. | |||
| * ''']''' is increasingly important, especially in light of the ] and the potential danger of ]. Environmental protection also serves to penalise ] within domestic legal systems. | |||
| ==Legal systems== | |||
| {{Main|Legal systems of the world}} | |||
| In general, legal systems around the world can be split between civil law jurisdictions, on the one hand, and systems using common law and equity, on the other. The term civil law, referring to a legal system, should not be confused with ] as a group of legal subjects, as distinguished from criminal law or ]. A third type of legal system — still accepted by some countries in part, or even in whole — is religious law, based on ]s and interpretations thereof. The specific system that a country follows is often determined by its history, its connection with countries abroad, and its adherence to international standards. The ] that jurisdictions recognise as authoritatively binding are the defining features of legal systems. Yet classification of different systems is a matter of ] rather than substance, since similar rules often prevail. | |||
| ===Civil law=== | |||
| {{main|Civil law (legal system)}} | |||
| ]]] | |||
| Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation – especially ]s in ]s or ]s passed by government – and, secondarily, custom.<ref>Civil law jurisdictions recognise custom as "the other source of law"; hence, scholars tend to divide the civil law into the broad categories of "written law" (''ius scriptum'') or legislation, and "unwritten law" (''ius non scriptum'') or custom. Yet they tend to dismiss custom as being of slight importance compared to legislation (Georgiadis, ''General Principles of Civil Law'', 19; Washofsky, ''Taking Precedent Seriously'', 7).</ref> Codifications date back millennia, with one early example being the ancient ] ], but modern civil law systems essentially derive from the legal practice of the ], whose texts were rediscovered in ] Europe. Roman law in the days of the ] and Empire was heavily procedural, and there was no professional legal class.<ref>Gordley-von Mehren, ''Comparative Study of Private Law'', 18</ref> Instead a lay person, ''iudex'', was chosen to adjudicate. Precedents were not reported, so any case law that developed was disguised and almost unrecognised.<ref>Gordley-von Mehren, ''Comparative Study of Private Law'', 21</ref> Each case was to be decided afresh from the laws of the state, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. During the 6th century AD in the ], the Emperor ] codified and consolidated the laws that had existed in Rome, so that what remained was one-twentieth of the mass of legal texts from before.<ref>Stein, ''Roman Law in European History'', 32</ref> This became known as the '']''. As one legal historian wrote, "Justinian consciously looked back to the golden age of Roman law and aimed to restore it to the peak it had reached three centuries before."<ref>Stein, ''Roman Law in European History'', 35</ref> Western Europe, meanwhile, slowly slipped into the ], and it was not until the 11th century that scholars in the ] rediscovered the texts and used them to interpret their own laws.<ref>Stein, ''Roman Law in European History'', 43</ref> Civil law codifications based closely on Roman law, alongside some influences from ]s such as ] and ],<ref name=Badr>{{citation|title=Islamic Law: Its Relation to Other Legal Systems|first=Gamal Moursi|last=Badr|journal=The American Journal of Comparative Law|volume=26|issue=2 |date=Spring, 1978|pages=187-198 }}</ref><ref name=Makdisi/> continued to spread throughout Europe until the ]; then, in the 19th century, both France, with the ], and Germany, with the ], modernised their legal codes. Both these codes influenced heavily not only the law systems of the countries in continental Europe (e.g. ]), but also the ] and ] legal traditions.<ref>Hatzis, ''The Short-Lived Influence of the Napoleonic Civil Code in Greece'', 253–263<br/>* Demirgüç-Kunt -Levine, ''Financial Structures and Economic Growth'', 204</ref> Today countries that have civil law systems range from ] and ] to most of ] and ].<ref>, CIA</ref> | |||
| ===Common law and equity=== | |||
| {{main|Common law}} | |||
| ] | |||
| Common law and equity are systems of law whose special distinction is the doctrine of precedent, or '']'' (Latin for "to stand by decisions"). Alongside this "judge-made law", common law systems always have governments who pass new laws and statutes. But these are not put into a codified form. Common law comes from England and was inherited by almost every country that once belonged to the ], with the exceptions of ], ], the U.S. state of ] and the Canadian province of ]. Common law had its beginnings in ] England, influenced by the ] which introduced legal concepts and institutions from the ] and ].<ref name=Makdisi>{{Citation|last=Makdisi|first=John A.|title=The Islamic Origins of the Common Law|journal=]|year=1999|date=June 1999|volume=77|issue=5|pages=1635-1739}}</ref> Common law further developed when the English monarchy had been weakened by the enormous cost of fighting for control over large parts of France. ] had been forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or '']'' of 1215 also required that the King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country.<ref>, Fordham University</ref> A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges, the ] had five.<ref>Gordley-von Mehren, ''Comparative Study of Private Law'', 4</ref> This powerful and tight-knit judiciary gave rise to a rigid and inflexible system of common law.<ref>Gordley-von Mehren, ''Comparative Study of Private Law'', 3</ref> As a result, as time went on, increasing numbers of citizens petitioned the King to override the common law, and on the King's behalf the ] gave judgment to do what was equitable in a case. From the time of ], the first lawyer to be appointed as Lord Chancellor, a systematic body of ] grew up alongside the rigid common law, and developed its own ]. At first, equity was often criticised as erratic, that it "varies like the Chancellor's foot". But over time it developed solid ], especially under ].<ref>''Gee v. Pritchard'' (1818) 2 Swans. 402, 414</ref> In the 19th century the two systems were fused into one another. In developing the common law and equity, academic authors have always played an important part. ], from around 1760, was the first scholar to describe and teach it.<ref>Blackstone, Commentaries on the Laws of England, </ref> But merely in describing, scholars who sought explanations and underlying structures slowly changed the way the law actually worked.<ref>Gordley-von Mehren, ''Comparative Study of Private Law'', 17</ref> | |||
| ===Religious law=== | |||
| {{main|Religious law}} | |||
| ]]] | |||
| Religious law refers to the notion that the word of God is law. Examples include the ] ] and ]ic ], both of which mean the "path to follow". ] ] also survives in some church communities. The implication of religion for law is unalterability, because the word of God cannot be amended or legislated against by judges or governments. However religion never provides a thorough and detailed legal system. For instance, the ] has some law, and it acts merely as a source of further law through interpretation,<ref>Glenn, ''Legal Traditions of the World'', 159</ref> '']'' (reasoning by analogy), '']'' (consensus) and ]. This is mainly contained in a body of law and jurisprudence known as ] and ] respectively, which had a fairly significant influence on the development of ],<ref name=Makdisi/> as well as some influence on ].<ref name=Badr/> Another example is the ] or ], in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some ] communities choose to use. The ] is a code of Jewish law which summarises some of the Talmud's interpretations. Nevertheless, ] allows ]s to use religious laws only if they choose. Canon law is only in use by members of the clergy in the ], the ] and the ]. | |||
| Until the 18th century, Sharia law was practiced throughout the ] in a non-codified form, with the ]'s ] code in the 19th century being first attempt at ] elements of Sharia law. Since the mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions.<ref name="AA">Anderson, ''Law Reform in the Middle East'', 43<br/>* Giannoulatos, ''Islam'', 274–275</ref> In modern times, Sharia is merely an optional supplement to the civil or common law of most countries, though ] and ]'s whole legal systems source their law on a ] form of Sharia. During the last few decades, one of the fundamental features of the movement of ] has been the call to restore the Sharia, which has generated a vast amount of literature and affected ].<ref name="H1">Hallaq, ''The Origins and Evolution of Islamic Law'', 1</ref> | |||
| ===Jurisdictions=== | |||
| Though the legal traditions described have resulted in a number of common traits across jurisdictions, each sovereign entity can have unique aspects. The lists below link to articles on individual jurisdictions, organised by ]. | |||
| {{Africa_in_topic|Law of}} | |||
| {{North America in topic|Law of}} | |||
| {{South America in topic|Law of}} | |||
| {{Asia in topic|Law of}} | |||
| {{Law of Europe}} | |||
| {{Oceania in topic|Law of}} | |||
| ==Legal theory== | |||
| ===History of law=== | |||
| {{Main|Legal history}} | |||
| ] is revealed the ] by the Mesopotamian sun god ].]] | |||
| The ] of law is closely connected to the development of ]s. ]ian law, dating as far back as 3000 BCE, had a civil code that was probably broken into twelve books. It was based on the concept of ], characterised by tradition, ]al speech, social equality and impartiality.<ref>{{cite encyclopedia|last=Théodoridés|title = law | encyclopedia = Encyclopedia of the Archaeology of Ancient Egypt}}<br/>* VerSteeg, ''Law in ancient Egypt''</ref> Around 1760 BCE under ], ancient ] was codified and put in stone for the public to see in the marketplace; this became known as the ]. However like Egyptian law, which is pieced together by historians from records of litigation, few sources remain and much has been lost over time. The influence of these earlier laws on later civilisations was small.<ref>Glenn, ''Legal Traditions of the World'', 86</ref> The ] is probably the oldest body of law still relevant for modern legal systems, dating back to 1280 BCE. It takes the form of moral imperatives, as recommendations for a good society. ], the small ] city-state, was the first society based on broad inclusion of the citizenry, excluding women and the ] class from about 8th century BCE. Athens had no legal science, and Ancient Greek has no word for "law" as an abstract concept.<ref>Kelly, ''A Short History of Western Legal Theory'', 5–6</ref> Yet ] contained major ] innovations in the development of ].<ref>Ober, ''The Nature of Athenian Democracy'', 121</ref> | |||
| ] was heavily influenced by Greek teachings.<ref>Kelly, ''A Short History of Western Legal Theory, 39 </ref> It forms the bridge to the modern legal world, over the centuries between the rise and decline of the ].<ref name="BrRL">As a legal system, Roman law has affected the development of law in most of ] as well as in parts of the ]. It also forms the basis for the law codes of most countries of continental Europe ({{cite encyclopedia|title=Roman law|encyclopedia=Encyclopaedia Britannica}}).</ref> Roman law underwent major codification in the '']'' of Emperor ]. It was lost through the ], but rediscovered around the 11th century. Mediæval legal scholars began researching the Roman codes and using their concepts. In mediæval ], the King's powerful judges began to develop a body of precedent, which became the ]. But also, a Europe-wide '']'' was formed, so that merchants could trade using familiar standards, rather than the many splintered types of local law. The ''Lex Mercatoria'', a precursor to modern commercial law, emphasised the freedom of contract and alienability of property.<ref>Sealey-Hooley, ''Commercial Law'', 14</ref> As ] grew in the 18th and 19th centuries, ''Lex Mercatoria'' was incorporated into countries' local law under new civil codes. The French ] and the ] became the most influential. As opposed to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and for judges to apply. However, today there are signs that civil and common law are converging. ] is codified in treaties, but develops through the precedent laid down by the ]. | |||
| ] is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words.]] | |||
| ] and ] represent distinct traditions of law, and had historically independent schools of legal theory and practice. The '']'', probably compiled around 100 AD (though containing some older material), and the '']''(c. 100-300 AD) were foundational treatises in India, texts that were considered authoritative legal guidance.<ref>For discussion of the composition and dating of these sources, see Olivelle, ''Manu's Code of Law'' (Oxford, 2005), 18-25.</ref> Manu's central philosophy was tolerance and ], and was cited across ].<ref>Glenn, ''Legal Traditions of the World'', 276</ref> This ] tradition, along with ], was supplanted by the common law when India became part of the ].<ref>Glenn, ''Legal Traditions of the World'', 273</ref> ], ], ] and ] also adopted the common law. The eastern Asia legal tradition reflects a unique blend of secular and religious influences.<ref>Glenn, ''Legal Traditions of the World'', 287</ref> ] was the first country to begin modernising its legal system along western lines, by importing bits of the ], but mostly the German Civil Code.<ref>Glenn, ''Legal Traditions of the World'', 304</ref> This partly reflected Germany's status as a rising power in the late 19th century. Similarly, ] gave way to westernisation towards the final years of the ] in the form of six private law codes based mainly on the Japanese model of German law.<ref>Glenn, ''Legal Traditions of the World'', 305</ref> Today ] retains the closest affinity to the codifications from that period, because of the split between ]'s nationalists, who fled there, and ]'s communists who won control of the mainland in 1949. The current legal infrastructure in the ] was heavily influenced by ] ], which essentially inflates administrative law at the expense of private law rights.<ref>Glenn, ''Legal Traditions of the World'', 307</ref> Today, however, because of rapid industrialisation China has been reforming, at least in terms of economic (if not social and political) rights. A new contract code in 1999 represented a turn away from administrative domination.<ref>Glenn, ''Legal Traditions of the World'', 309</ref> Furthermore, after negotiations lasting fifteen years, in 2001 China joined the ].<ref>Farah, ''Five Years of China WTO Membership'', 263–304</ref> | |||
| ===Philosophy of law=== | |||
| {{main|Jurisprudence}} | |||
| {{seealso|Political philosophy}} | |||
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| | style="text-align: left;" | "But what, after all, is a law? When I say that the object of laws is always general, I mean that law considers subjects en masse and actions in the abstract, and never a particular person or action. On this view, we at once see that it can no longer be asked whose business it is to make laws, since they are acts of the general will; nor whether the prince is above the law, since he is a member of the State; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are but registers of our wills." | |||
| |- | |||
| | style="text-align: left;" | '''Jean-Jacques Rousseau''', '']'', II, 6.<ref>Rousseau, ''The Social Contract'', </ref> | |||
| |} | |||
| The ] of law is also known as jurisprudence. Normative jurisprudence is essentially ] and asks "what should law be?". Analytic jurisprudence, on the other hand, is a distinctive field which asks "what is law?". An early famous philosopher of law was ], a student of ] and first chair of law at the new ] from 1829. Austin's ] answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience".<ref name="jap">Bix, </ref> This approach was long accepted, especially as an alternative to ] theory. Natural lawyers, such as ], argue that human law reflects essentially ] and unchangeable laws of nature. ], for instance, believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature".<ref>], ''Groundwork of the Metaphysics of Morals'', 42 (par. 434)</ref> Austin and Bentham, following ], thought this conflated what ] the case. They believed in law's ], that real law is entirely separate from "morality".<ref>Green, </ref> Kant was also criticised by ], who believed that law emanates from ] and cannot be labelled as "moral" or "immoral".<ref>Kazantzakis, ''Friedrich Nietzsche and the Philosophy of Law'', 97–98<br/>* Linarelli, ''Nietzsche in Law's Cathedral'', 23–26</ref> Thus, Nietzsche criticised the principle of ], and believed that law should be committed to freedom to engage in will to power.<ref name="N11">Nietzsche, ''Zur Genealogie der Moral'', Second Essay, 11</ref> | |||
| In 1934, the Austrian philosopher ] continued the positivist tradition in his book the '']''.<ref>Marmor, </ref> Kelsen believed that though law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. Whilst laws are positive "is" statements (e.g. the fine for reversing on a highway ''is'' ]500), law tells us what we "should" do (i.e. not drive backwards). So every legal system can be hypothesised to have a basic norm ('']'') telling us we should obey the law. ], Kelsen's major intellectual opponent, rejected positivism, and the idea of the ], because he did not accept the primacy of abstract normative principles over concrete political positions and decisions.<ref name=">Bielefeldt, ''Carl Schmitt's Critique of Liberalism'', 25–26</ref> Therefore, Schmitt advocated a jurisprudence of the exception (]), which denied that legal norms could encompass of all political experience.<ref name="F171">Finn, ''Constitutions in Crisis'', 170–171</ref> | |||
| ] | |||
| Later in the 20th century, ] attacked Austin for his simplifications and Kelsen for his fictions in '']''.<ref>Bayles, ''Hart's Legal Philosophy'', 21</ref> As the chair of jurisprudence at ], Hart argued law is a "system of rules". Rules, said Hart, are divided into primary rules (rules of conduct) and secondary rules (rules addressed to officials to administer primary rules). Secondary rules are divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students have continued the debate since. ] was his successor in the Chair of Jurisprudence at Oxford and his greatest critic. In his book ''Law's Empire'', Dworkin attacked Hart and the positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an "] concept",<ref>Dworkin, ''Law's Empire'', 410</ref> that requires judges to find the best fitting and most just solution to a legal dispute, given their constitutional traditions. ], on the other hand, has defended the positivist outlook and even criticised Hart's 'soft social thesis' approach in ''The Authority of Law''.<ref name="jra">Raz, ''The Authority of Law'', 3–36</ref> Raz argues that law is authority, identifiable purely through social sources, without reference to moral reasoning. Any categorisation of rules beyond their role as authoritative dispute mediation is best left to ], rather than jurisprudence.<ref>Raz, ''The Authority of Law'', 37 etc.</ref> | |||
| ===Economic analysis of law=== | |||
| {{Main|Law and economics}} | |||
| ], one of the ], runs a blog with ] winning economist ].<ref>{{cite web|url=http://www.becker-posner-blog.com/ |title=The Becker-Posner Blog |accessdate=2007-02-03}}</ref>]] | |||
| Economic analysis of law is an approach to legal theory that incorporates and applies the methods and ideas of ] to law. The discipline arose partly out of a critique of trade unions and U.S. ] law. The most influential proponents, such as ] and ] and the so-called ] of economists and lawyers including ] and ], are generally advocates of ] and ], and are hostile to state regulation or what they see as restrictions on the operation of ]s.<ref>S.M. Jakoby, ''Economic Ideas and the Labour Market'', 53</ref> | |||
| The most prominent economic analyst of law is 1991 ] winner ]. His first major article, '']'' (1937), argued that the reason for the existence of firms (], partnerships, etc.) is the existence of ]s.<ref>Coase, ''The Nature of the Firm'', 386–405</ref> ] trade through bilateral contracts on open markets until the costs of transactions mean that using corporations to produce things is more cost-effective. His second major article, '']'' (1960), argued that if we lived in a world without transaction costs, people would bargain with one another to create the same allocation of resources, regardless of the way a court might rule in property disputes.<ref>Coase, ''The Problem of Social Coast'', 1–44</ref> Coase used the example of a ] case named ''Sturges v. Bridgman'', where a noisy sweetmaker and a quiet doctor were neighbours and went to court to see who should have to move.<ref>''Sturges v. Bridgman'' (1879) 11 Ch D 852</ref> Coase said that regardless of whether the judge ruled that the sweetmaker had to stop using his machinery, or that the doctor had to put up with it, they could strike a mutually beneficial ] about who moves house that reaches the same outcome of resource distribution. Only the existence of ] may prevent this.<ref>Coase, ''The Problem of Social Cost'', IV, 7</ref> So the law ought to pre-empt what ''would'' happen, and be guided by the most ] solution. The idea is that law and regulation are not as important or effective at helping people as lawyers and government planners believe.<ref>Coase, ''The Problem of Social Cost'', V, 9</ref> Coase and others like him wanted a change of approach, to put the burden of proof for positive effects on a government that was intervening in the market, by analysing the costs of action.<ref>Coase, ''The Problem of Social Cost'', VIII, 23</ref> | |||
| ===Sociology of law=== | |||
| {{Main|Sociology of law}} | |||
| ] in 1917 - Weber who began as a lawyer is regarded as one of the founders of sociology and sociology of law]] | |||
| Sociology of law is a diverse field of study that examines the interaction of law with society. Sociology of law overlaps with jurisprudence, economic analysis of law and more specialised subjects such as ].<ref>Jary, ''Collins Dictionary of Sociology'', 636</ref> The ]s of law and the ] of legal issues and systems are relevant areas of inquiry. Initially, legal theorists were suspicious of the discipline. Kelsen attacked one of its founders, ], who wanted to emphasise the difference between positive law, which lawyers learn and apply, and other forms of 'law' or social norms that regulate everyday life, generally preventing conflicts from reaching lawyers and courts.<ref>Rottleuthner, ''La Sociologie du Droit en Allemagne'', 109<br/>* Rottleuthner, ''Rechtstheoritische Probleme der Sociologie des Rechts'', 521</ref> Around 1900 ] defined his "scientific" approach to law, identifying the "legal rational form" as a type of domination, not attributable to people but to abstract norms.<ref>Rheinstein, ''Max Weber on Law and Economy in Society'', 336</ref> ] was his term for a body of coherent and calculable law which formed a precondition for modern political developments and the modern bureaucratic state and developed in parallel with the growth of ].<ref>Jary, ''Collins Dictionary of Sociology'', 636</ref> Another sociologist, ], wrote in ''The Division of Labour in Society'' that as society becomes more complex, the body of civil law concerned primarily with restitution and compensation grows at the expense of criminal laws and penal sanctions.<ref>Johnson, ''The Blackwell Dictionary of Sociology, 156</ref> Other notable early legal sociologists included ], ], ] and ] in Europe, and ] in the U.S.<ref>Gurvitch, ''Sociology of Law'', 142<br/>* Papachristou, ''Sociology of Law'', 81–82</ref> | |||
| ==Legal institutions== | |||
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| | style="text-align: left;" | "It is a real unity of them all in one and the same person, made by covenant of every man with every man, in such manner as if every man should say to every man: I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou givest up, thy right to him, and authorise all his actions in like manner. | |||
| |- | |||
| | style="text-align: left;" | '''Thomas Hobbes''', ''Leviathan'', | |||
| |} | |||
| The main institutions of law in industrialised countries are independent ], representative ]s, an accountable ], the ] and ], ] organisation, the ] and ] itself. ] in ''Two Treatises On Civil Government'', and ] after him in '']'', advocated a ] between the institutions that wield political influence, namely the judiciary, legislature and executive.<ref>], ''The Spirit of Laws'', </ref> Their principle was that no person should be able to usurp all powers of the ], in contrast to the ] theory of ]' '']''.<ref name="H17">Thomas Hobbes, ''Leviathan'', </ref> More recently, ] and many others reshaped thinking about the extensions of the ] that come under the control of the ]. Modern military, policing and bureaucratic power over ordinary citizens' daily lives pose special problems for accountability that earlier writers like Locke and Montesquieu could not have foreseen. The custom and practice of the legal profession is an important part of people's access to ], whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law's political basis. | |||
| ===Judiciary=== | |||
| {{Main|Judiciary}} | |||
| ] in ]]] | |||
| A judiciary is a group of ]s who mediate people's disputes and determine the outcome. Most countries have a system of ]s courts, up to a supreme authority. In the U.S.A., this is the ];<ref>, Supreme Court of the United States</ref> in ], the ]; in the UK, the ];<ref>, House of Lords</ref> in Germany, the '']''; in ], the '']''.<ref>, Bundesverfassungsgericht<br/>* , Cour de cassation</ref> | |||
| However, for most European countries the ]<ref>{{cite web|title=European Court of Justice|url=http://curia.europa.eu/en/transitpage.htm|accessdate=2006-11-10}}</ref> in ] may overrule national law, where EU law is relevant. The ] in ] allows citizens of the ] member states to bring cases to it concerning human rights issues. | |||
| Some countries allow their highest judicial authority to strike down ] determined to be ]. For instance, the ] struck down a ] law forbidding assistance to women in ], in '']''.<ref>'']'' (1973) Retrieved ]</ref> The constitution's ] was interpreted to give Americans a right to ], hence a woman's ] ]. The judiciary is theoretically bound by the ], much as ] are. In most ] ]s may only ] the constitution and all other laws. But in common law countries, where matters are not constitutional, the judiciary may also create law under the ]. On the other hand, the UK, Finland and New Zealand still assert the ideal of ], whereby the unelected judiciary may not overturn law passed by a democratic legislature. | |||
| ===Legislature=== | |||
| {{Main|Legislature}} | |||
| ] chamber of the ]]] | |||
| Prominent examples of ]s are the ] in ], the ] in ], the '']'' in ], the '']'' in ] and the ] in ]. By the principle of representative ] people ] for ]s to carry out ''their'' wishes. Although countries like ], ], ] and ] are ], most countries are ], meaning they have two separately appointed legislative houses. In the 'lower house' politicians are elected to represent smaller ]. The 'upper house' is usually elected to represent states in a ] system (as in Australia, Germany or the U.S.A.) or different voting configuration in a unitary system (as in ]). In the ] the upper house is appointed by the ] as a ]. One criticism of bicameral systems with two elected chambers is that the upper and lower houses may simply mirror one another. The traditional justification of bicameralism is that an upper chamber acts as a house of review. This can minimise arbitrariness and injustice in governmental action.<ref>Riker, ''The Justification of Bicameralism'', 101</ref> | |||
| To pass legislation, a majority of ] must ] for a ] in each house. Normally there will be several readings and amendments proposed by the different political factions. If a country has an entrenched constitution, a special majority for changes to the constitution will be required, making changes to the law more difficult. A government usually leads the process, which can be formed from ] (e.g. the UK or ]). But in a presidential system, an executive appoints a ] to govern from his or her ] allies whether or not they are ] (e.g. the U.S.A. or Brazil), and the legislature's role is reduced to either ] or ]. | |||
| ===Executive=== | |||
| {{Main|Executive (government)|Head of State}} | |||
| ] meetings are composed of representatives of each country's executive branch]] | |||
| The "]" in a legal system refers to the ]'s centre of ] authority. In most democratic countries, like the ], ], ], ] and ], it is elected into and drawn from the ] and is often called the ]. Alongside this is usually the ], who lacks formal ] but symbolically enacts laws. The head of state is sometimes appointed (the ] in ]), sometimes hereditary (]) and sometimes elected by popular ] (the ]). The other important model is found in ] like ], the ] or ]. Under these ]s, the ] branch is separate from the ], and is not accountable to it.<ref>Haggard, ''Presidents, Parliaments and Policy'', 71<br/>* Olson, ''The New Parliaments of Central and Eastern Europe'', 7</ref> | |||
| The ]'s role may vary from ] to country. Usually it will initiate or propose the majority of legislation and handle a country's ]. The ] and ] often fall under executive control, as well as the ]. ], or ] of the ] head a country's public offices, such as the ] or the ]. The ] of a different executive is therefore capable of ] an entire country's approach to ]. | |||
| ===Military and police=== | |||
| {{Main|Military|Police}} | |||
| ] officers]] | |||
| The ] and ] are sometimes referred to as "the long and strong arm of the law".<ref>Dickens, ''The Old Curiosity Shop'', Chapter 73</ref> While ] organizations have existed as long as ]s themselves, a standing ] is relatively modern. ]'s system of traveling ]s, or ] used ]s and public ]s to instill communities with fear and keep them under control.<ref>See, e.g. '']'' (1669), 1 Mod. Rep. 3, 86 Eng. Rep. 684, where a knight said in a threatening tone to a layman, "If it were not assize time, I would not take such language from you."</ref> The first modern ] were probably those in 17th century ], in the court of ],<ref>, History.com Encyclopedia</ref> although the Paris Prefecture of Police claim they were the world's first uniformed policemen.<ref>, La Préfecture de Police</ref> In 1829, after the ] and ]'s dictatorship, a government decree created the first uniformed policemen in Paris and all other French cities, known as ''sergents de ville'' ("city sergeants"). In Britain, the ] 1829 was passed by Parliament under ] Sir ], founding the London ]. | |||
| ] Max Weber famously argued that the ] is that which controls the legitimate ] of the means of ].<ref name="mwp154">Weber, <br/>* Weber, ''The Theory of Social and Economic Organisation'', 154</ref> The military and police carry out enforcement at the request of the government or the courts. The term ] is used where the police and military no longer control security and order and society moves into ], the absence of ]. | |||
| ===Bureaucracy=== | |||
| {{Main|Bureaucracy}} | |||
| ]' New York headquarters houses civil servants that serve its 192 member states.]] | |||
| The word "bureaucracy" derives from the ] for "office" (''bureau'') and ] for "power" (''kratos''). Like the ] and ], all of a legal system's ] servants and bodies that make up the ] carry out the wishes of the ]. One of the earliest references to the concept was made by ], a ] author who lived in ]. In 1765 he wrote, | |||
| <blockquote>"The real spirit of the laws in France is that bureaucracy of which the late Monsieur de Gournay used to complain so greatly; here the offices, clerks, secretaries, inspectors and ''intendants'' are not appointed to benefit the public interest, indeed the public interest appears to have been established so that offices might exist."<ref>Albrow, ''Bureaucracy'', 16</ref></blockquote> | |||
| Cynicism over "officialdom" is still common, and the workings of public servants is typically contrasted to ] motivated by ].<ref>Mises, ''Bureaucracy'', II, </ref> In fact private companies, especially large ones, also have bureaucracies.<ref name="K367">Kettl, ''Public Bureaucracies'', 367</ref> Negative perceptions of "]" aside, ] such as schooling, health care, policing or ] are a crucial state function making public bureaucratic action the locus of government power.<ref name="K367" /> Writing in the early 20th century, Max Weber believed that a definitive feature of a developed state had come to be its bureaucratic support.<ref name="mwp393">Weber, ''Economy and Society'', I, 393</ref> Weber wrote that the typical characteristics of modern ] are that officials define its mission, the scope of work is bound by rules, management is composed of career experts, who manage top down, communicating through writing and binding public servants' discretion with rules.<ref>Kettl, ''Public Bureaucracies'', 371</ref> | |||
| ===Legal profession=== | |||
| {{Main|Legal profession}} | |||
| ] | |||
| Lawyers give their clients ] about their legal rights and duties, and ] them in ]. As ] has stated, the law should be adequately accessible to everyone and people should be able to foresee how the law affects them.<ref>''The Sunday Times v. The United Kingdom'' Case no. 6538/74</ref> In order to maintain professionalism, the ] is typically overseen by either a ] or independent regulating body such as a ], ] or ]. An aspiring practitioner must be certified by the regulating body before undertaking his practice. This usually entails a two or three year programme at a ] ] or a ], earning the student a ], a ] or a ] ]. This course of study is followed by an entrance ] (e.g. ]). Some ] require a further vocational ] before a person is permitted to practice law. For those wishing to become a ] a year's ] under the oversight of an experienced ]. Beyond the requirements for legal practice higher academic degrees may be pursued. Examples include a ], a ] or a ]. | |||
| Once accredited, a lawyer will often work in a ], in a ] as a sole practitioner, in a ] post or in a private corporation as an internal ]. In addition a lawyer may become a legal ]er who provides on-demand legal ] through a commercial service or through freelance work. Many people trained in law put their skills to use outside the legal field entirely. Significant to the practice of law in the ] ] is the ] to determine the current state of the law. This usually entails exploring ], ]s and ]. Law practice also involves drafting documents such as ] ]s, persuasive ], ]s, or ] and ]s. Negotiation and ] skills are also important to legal practice, depending on the field. | |||
| ===Civil society=== | |||
| {{Main|Civil society}} | |||
| ] in 1963]] | |||
| The term "civil society" dates back to British philosopher ]. He saw civil society as people who have "a common established law and judicature to ] to, with authority to decide controversies between them."<ref>Locke, ''Second Treatise'', </ref> German philosopher ] also distinguished the "state" from "civil society" (''Zivilgesellschaft'') in '']''.<ref>Hegel, ''Elements of the Philosophy of Right'', 3, II, </ref> Hegel believed that ] and the ] were polar opposites, within the scheme of his dialectic theory of history.<ref>Pelczynski, ''The State and Civil Society'', 1–13</ref> ] is necessarily a source of law, by being the basis from which people form opinions and lobby for what they believe law should be. As ] ] and author ] wrote of ], | |||
| <blockquote>"one of its primary modern sources is found in the responses of ordinary men and women, and of the non-governmental organizations which many of them support, to the ] abuses they see on the television screen in their living rooms."<ref>Robertson, ''Crimes Against Humanity'', 98–99</ref></blockquote> | |||
| ], ] and many other individual rights allow people to meet together, discuss, criticise and hold to account their ]s, from which the basis of a ] is formed. The more people are involved with, concerned by and capable of changing how ] is exercised over their lives, the more acceptable and ] the law becomes to the people. Developed ], ], ]s, impartial ], ] and ] are all part of a healthy ]. | |||
| ==See also== | |||
| {{portal}} | |||
| : ''Main lists: ] and ]'' | |||
| * ] | |||
| * ] | |||
| * ] | |||
| * ] | |||
| ==Notes== | |||
| {{reflist|2}} | |||
| ==References== | |||
| ===Printed sources=== | |||
| <div class="references-small"> | |||
| *{{cite book|last=Albrow|first=Martin|publisher=Palgrave Macmillan|location=London|title=Bureaucracy (Key Concepts in Political Science)|year=1970|isbn=0-333-11262-8}} | |||
| *{{cite journal |quotes= |last=Anderson |first=J.N.D.|year=1956|month=January |title=Law Reform in the Middle East |journal=International Affairs (Royal Institute of International Affairs 1944—) |volume=32 |issue=1 |pages=43–51 |id= |url=http://links.jstor.org/sici?sici=0020-5850(195601)32%3A1%3C43%3ALRITME%3E2.0.CO%3B2-P |accessdate=2007-03-04}} | |||
| *{{Cite wikisource|Constitution of the Athenians|]}}. See original text in . | |||
| *{{cite book |last= Auby|first= Jean-Bernard |title= Administrative Law of the European Union, its Member States and the United States edited by F. A. M. Stroink, René Seerden| publisher=Intersentia|year=2002|isbn= 9-050-95251-8|chapter=Administrative Law in France}} | |||
| *{{cite book |last=Bayles |first=Michael D. | title=Hart's Legal Philosophy|year=1992 |publisher=Springer |location= |isbn= 0-792-31981-8 |chapter=A Critique of Austin}} | |||
| *{{cite book |last= Bergkamp|first=Lucas|title=Liability and Environment| publisher=Martinus Nijhoff Publishers|year=2001|isbn= 9-041-11645-1|chapter=Introduction}} | |||
| *{{cite book |last=Berle |first=Adolf |authorlink=Adolf Berle |title=Modern Corporation and Private Property |year=1932 }} | |||
| *{{cite book |last=Bielefeldt|first=Heiner|editors=David Dyzenhaus|title=Law as Politics: Carl Schmitt's Critique of Liberalism| publisher=Duke University Press|year=1998|isbn= 0-822-32244-7|chapter=Carl Schmitt's Critique of Liberalism: Systematic Reconstruction and Countercriticism}} | |||
| *{{cite book|first=William|last=Blackstone|authorlink=William Blackstone|title=Commentaries on the Laws of England|url=http://www.yale.edu/lawweb/avalon/blackstone/blacksto.htm|year=1765–69}} | |||
| *{{cite book|first=Tom D.|last=Campbell|title=A Companion to Contemporary Political Philosophy edited by Robert E. Goodin and Philip Pettit|year=1993|chapter=The Contribution of Legal Studies|isbn=0-631-19951-9}} | |||
| *{{cite journal |quotes= |last=Coase |first=Ronald H.|authorlink=Ronald H. Coase |year=1937|month=November |title=The Nature of the Firm |journal=Economica |volume=4 |issue=16 |pages=386–405 |id= |url=http://www.cerna.ensmp.fr/Enseignement/CoursEcoIndus/SupportsdeCours/COASE.pdf |accessdate=2007-02-10}} | |||
| *{{cite journal |quotes= |last=Coase |first=Ronald H.|authorlink=Ronald H. Coase |year=1960|month=October |title=The Problem of Social Cost (this online version excludes some parts) |journal=Journal of Law and Economics |volume=3 |issue= |pages=1–44 |id= |url=http://www.sfu.ca/~allen/CoaseJLE1960.pdf ''The Problem of Social Cost |accessdate=2007-02-10}} | |||
| *{{cite encyclopedia|title=Criminal law|encyclopedia=Encyclopaedia Britannica|date=2002}} | |||
| *{{cite book|title=Financial Structures and Economic Growth|last=Demirgüç-Kunt|first=Asli| coauthors=Levine, Ross| year=2001|publisher=MIT Press| isbn=0-262-54179-3|chapter=Financial Structures and Economic Growth}} | |||
| *{{citebook|last=Dickens|first=Charles|authorlink=Charles Dickens|title=The Old Curiosity Shop|year=1841|pages=Chapter 73|url=http://www.gutenberg.org/etext/700}} | |||
| *{{cite book|title=The Division of Labor in Society|year=1893|last=Durkheim|publisher=The Free Press reprint|first=Emile|authorlink=Emile Durkheim|isbn=0684836386}} | |||
| *{{cite book |last=Dworkin |first=Ronald |authorlink=Ronald Dworkin |title=Law's Empire |year=1986 |publisher=Harvard University Press |isbn=0674518365}} | |||
| *{{cite journal |quotes= |last=Farah |first=Paolo |year=2006 |month=August |title=Five Years of China WTO Membership. EU and US Perspectives about China's Compliance with Transparency Commitments and the Transitional Review Mechanism |journal=Legal Issues of Economic Integration |volume=33 |issue=3 |pages=263–304 |id= |url=http://papers.ssrn.com/sol3/papers.cfm?abstract_id=916768 |accessdate=}} | |||
| *{{cite book |last=Finn |first=John E. | title=Constitutions in Crisis: Political Violence and the Rule of Law|year=1991 |publisher=Oxford University Press|isbn= 0-195-05738-4 |chapter=Constitutional Dissolution in the Weimar Republic}} | |||
| *{{cite book |last=France |first=Anatole |authorlink=Anatole France |title=The Red Lily (Le lys rouge) |year=1894 |url=http://www.online-literature.com/anatole-france/red-lily/}} | |||
| *{{gr icon}} {{cite book|title=General Principles of Civil Law|first=Apostolos S.|last=Georgiadis|year=1997|publisher=Ant. N. Sakkoulas Publishers|isbn=9-602-32715-4|chapter=Sources of Law}} | |||
| *{{gr icon}} {{cite book |last=Giannoulatos |first=Anastasios |authorlink=Archbishop Anastasios of Albania| title=Islam – A General Survey|year=1975 |location=Athens|publisher=Poreuthentes |chapter=Characteristics of Modern Islam}} | |||
| *{{cite book|title=Legal Traditions of the World|first=H. Patrick|last=Glenn|year=2000|isbn=0198765754|publisher=Oxford University Press}} | |||
| *{{cite book|last=Gordley |first=James R. |coauthors=von Mehren, Arthur Taylor |title=An Introduction to the Comparative Study of Private Law |year=2006|isbn=9-780-52168-185-8}} | |||
| *{{cite book |last=Gurvitch |first=Georges |authorlink=Georges Gurvitch |coauthors=Hunt, Alan |title=Sociology of Law |year=1942—New edition 2001 |publisher=Transaction Publishers |location=Athens |isbn=0-765-80704-1|chapter=Max Webber and Eugene Ehrlich}} | |||
| *{{cite book |last=Haggard |first=Stephan |authorlink= |coauthors= |title=Presidents, Parliaments and Policy |year=2001 |publisher=Cambridge University Press |location= | isbn=0-521-77485-3| chapter=Institutions and Public Policy in Presidential Systems}} | |||
| *{{cite book |last=Hallaq |first=Wael Bahjat |title=The Origins and Evolution of Islamic Law |year=2005 |publisher=Cambridge University Press|isbn=0-521-00580-9|chapter=Introduction}} | |||
| *{{cite journal |quotes= |last=Hatzis |first=Aristides N.|year=2002|month=November |title=The Nature of the Firm |journal=European Journal of Law and Economics |volume=14 |issue=3 |pages=253–263|id= |url=http://www.springerlink.com/content/k327084735034r15/ |accessdate=2007-02-13}} | |||
| *{{de icon}} {{cite book|authorlink=Georg Wilhelm Friedrich Hegel|title=Elements of the Philosophy of Right|last=Hegel|first=Georg|year=1820|url=http://www.marxists.org/reference/archive/hegel/works/pr/preface.htm}} | |||
| *{{cite book|last=Hobbes|first=Thomas|authorlink=Thomas Hobbes|title=Leviathan|year=1651|url=http://oregonstate.edu/instruct/phl302/texts/hobbes/leviathan-contents.html |chapter= Chapter XVII: Of The Causes, Generation, And Definition Of a Commonwealth}} | |||
| *{{cite journal |quotes= |last=Jakoby |first=Stanford M. |year=2005 |month=Winter |title=Economic Ideas and the Labour Market |journal=Comparative Labor Law and Policy Journal |volume=25 |issue=1 |pages=43–78|id= |url=http://www.law.uiuc.edu/publications/cll&pj/archive/vol_25/issue_1/JacobyArticle25-1.pdf|chapter=Cycles of Economic Thought|accessdate=2007-02-12}} | |||
| *{{cite book|title=Collins Dictionary of Sociology|year=1995|last=Jary| first=David|coauthors=Julia Jary|publisher=HarperCollins|isbn=0004708040}} | |||
| *{{cite book|title=The Blackwell Dictionary of Sociology|year=1995|last=Johnson| first=Alan|publisher=Blackwells publishers|isbn=1557861161}} | |||
| *{{cite book|last=Kant|first=Immanuel|authorlink=Immanuel Kant|title=] (Translated by Mary Gregor)|year=1785—New edition 1998|publisher=Cambridge University Press|id= 0-521-62695-1}} | |||
| *{{gr icon}} {{cite book |last=Kazantzakis |first=Nikos |authorlink=Nikos Kazantzakis| title=Friedrich Nietzsche and the Philosophy of Law and Polity|year=1909—Reissue edition 1998|location=Athens|publisher=Editions Kazantzakis |chapter=Law}} | |||
| *{{cite book|title=A Short History of Western Legal Theory|last=Kelly|first=J.M.| year=1992|publisher=Oxford University Press| isbn=0198762445}} | |||
| *{{cite book|title=The Oxford Handbook of Political Institutions edited by R. A. W. Rhodes, Sarah A. Binder and Bert A. Rockman |last=Kettl|first=Don| year=2006|month=November|publisher=Oxford University Press| isbn=0-199-27569-6|chapter=Public Bureaucracies}} | |||
| *{{cite journal |quotes= |last=Linarelli |first=John |year=2004 | title=Nietzsche in Law’s Cathedral: Beyond Reason and Postmodernism |journal=Catholic University Law Review |volume=53 |pages=413–457|id= |url=http://law.ulv.edu/faculty/website/linarelli/pdf/nietzsche_law_cathedral.pdf|chapter=Cycles of Economic Thought|accessdate=2007-03-05}} | |||
| *] ] (1689). '']'' | |||
| *{{cite journal |quotes= |last=Matthews |first=Paul |year=1995 |month=Autumn| title=The Man of Property |journal=Medical Law Review, |volume=3 |pages=251–274}} | |||
| *{{cite book|last=McGhee|first=John|publisher=Sweet and Maxwell|location=London|title=Snell's Equity|year=2000|isbn=0-421-85260-7}} | |||
| *{{cite book |last=Mises |first=Ludwig von | authorlink=Ludwig von Mises |title=Bureaucracy | origyear=1944 |url=http://www.mises.org/etexts/bureaucracy.pdf |accessdate=2006-11-10 | year=1962 }} | |||
| *{{cite book|last=Montesquieu|first=Baron de|authorlink=Charles de Secondat, Baron de Montesquieu |title=The Spirit of Laws (translated in English by Thomas Nugent, revised by J. V. Prichard)|year=1748|url=http://www.constitution.org/cm/sol.htm|chapter=Book XI: Of the Laws Which Establish Political Liberty, with Regard to the Constitution, Chapters 6–7}} | |||
| *{{de icon}} {{cite book|last=Nietzsche|first=Friedrich|authorlink=Friedrich Nietzsche |title=Zur Genealogie der Moral - Eine Streitschrift|year=1887|url=http://gutenberg.spiegel.de/nietzsch/genealog/genealog.htm|chapter=Zweite Abhandlung: "Schuld", "schlechtes Gewissen" und Verwandtes}} | |||
| *{{cite book|title=The Athenian Revolution: Essays on Ancient Greek Democracy and Political Theory|first=Josiah|last=Ober|year=1996|isbn=0-691-00190-1|publisher=Princeton University Press|chapter=The Nature of Athenian Democracy}} | |||
| *{{cite book |last=Olivelle |first=Patrick |authorlink= |coauthors= |title=Manu's Code of Law: A Critical Edition and Translation of the ''Manava-Dharmasastra |year=2005 |publisher=Oxford University Press |location=New York | isbn= 0-19-517146-2}} | |||
| *{{cite book |last=Olson, David M. |first=Norton, Philip |authorlink= |coauthors= |title=The New Parliaments of Central and Eastern Europe |year=1996 |publisher=Frank Cass (UK)|location= | isbn= 0-714-64261-4 |chapter=Legislatures in Democratic Transition}} | |||
| *{{el icon}} {{cite book |last=Papachristou |first=T.K. |authorlink= |coauthors= |title=Sociology of Law |year=1999 |publisher=A.N. Sakkoulas Publishers |location=Athens |isbn=9-601-50106-1|chapter=The Sociological Approach of Law}} | |||
| *{{cite book|first=A.Z.|last=Pelczynski|year=1984|title=The State and Civil Society|publisher=Cambridge University Press}} | |||
| *{{cite encyclopedia|title=Procedural law|encyclopedia=Encyclopaedia Britannica|date=2002}} | |||
| *{{cite book |last=Proudhon |first=Pierre |authorlink=Pierre-Joseph Proudhon|title='']'' (original French: ''Qu'est-ce que la propriété? ou Recherche sur le principe du Droit et du Gouvernment'') |year=1840 |chapter=Chapter I (Method Pursued in this Book – The Idea of a Revolution)}} | |||
| *{{cite book |last=Raz |first=Joseph |authorlink=Joseph Raz |title=The Authority of Law, Essays on Law and Morality|year=1979 |publisher=Oxford University Press|isbn=0198254938 }} | |||
| *{{cite book|title=Max Weber on Law and Economy in Society|year=1954|last=Rheinstein| first=M.|publisher=Harvard University Press}} | |||
| *{{cite journal |quotes= |last=] |first=William H. |authorlink= |coauthors= |year=1992 |month=January |title=The Justification of Bicameralism |journal=International Political Science Review / Revue internationale de science politique |volume=13 |issue=1 |pages=101–116 |id= |url=http://links.jstor.org/sici?sici=0192-5121(199201)13%3A1%3C101%3ATJOB%3E2.0.CO%3B2-C |accessdate= }} | |||
| *{{cite book|title=Crimes Against Humanity|first=Geoffrey|last=Robertson|authorlink=Geoffrey Robertson|year=2006|publisher=Penguin|isbn=9780141024639}} | |||
| *{{cite encyclopedia|title=Roman law|encyclopedia=Encyclopaedia Britannica|date=2002}} | |||
| *{{fr icon}} {{cite journal |quotes= |last=Rottleuthner |first=Hubert |authorlink= |coauthors= |year=1989 |month=December |title=La Sociologie du Droit en Allemagne |journal=Droit et Société |volume=11 |issue= |pages=101–120 |id= |url=http://www.reds.msh-paris.fr/publications/revue/pdf/ds11-12/ds011012-05.pdf |accessdate=2007-02-10}} | |||
| *{{de icon}} {{cite journal |quotes= |last=Rottleuthner |first=Hubert |authorlink= |coauthors= |year=1984 |month= |title=Rechtstheoritische Probleme der Sociologie des Rechts. Die Kontroverse zwischen Hans Kelsen und Eugen Ehrlich (1915/17) |journal=Rechtstheorie |volume=5 |issue= |pages=521–551}} | |||
| *{{fr icon}} {{cite book|last=Rousseau|first=Jean-Jacques|authorlink=Jean-Jacques Rousseau|title=The Social Contract (translated in English by G. D. H. Cole)|year=1762|url=http://ebooks.adelaide.edu.au/r/rousseau/jean_jacques/r864s/book2.html#section16 |chapter= Book II: Chapter 6 (Law)}} | |||
| *{{de icon}} {{cite book|title=Das Recht des Besitzes|first=Friedrich Carl von|last=Savigny|authorlink=Friedrich Carl von Savigny|year=1803|chapter=Zu welcher Classe von Rechten gehört der Besitz?|url=http://dlib-pr.mpier.mpg.de/m/kleioc/0010/exec/books/%22235083%}} | |||
| *{{cite book|title=International Institutional Law|first=Henry G.|last=Schermers|coauthors=Blokker, Niels M.|year=1995|publisher=Martinus Nijhoff Publisher|location=The Hague/London/Boston| chapter=Supervision and Sanctions}} | |||
| *{{cite book|title=Commercial Law|first=L.S.|last=Sealy|coauthor=Hooley, R.J.A.|year=2003|publisher=LexisNexis Butterworths}} | |||
| *{{cite journal |quotes= |last=Smith |first=Stephen A. |year=2003 |month=winter |title=The Structure of Unjust Enrichment Law: Is Restitution a Right or a Remedy |journal=Loyola of Los Angeles Law Review |volume=36 |issue=2 |pages=1037–1062 |id= |url=http://llr.lls.edu/volumes/v36-issue2/smith.pdf |accessdate=2007-02-09}} | |||
| *{{cite book|first=Peter|last=Stein|title=Roman Law in European History|year=1999|pages=32|publisher=Cambridge University Press|isbn=0-521-64372-4}} | |||
| *{{cite encyclopedia|last=Théodoridés|first=Aristide|year=1999 | title = law | encyclopedia = Encyclopedia of the Archaeology of Ancient Egypt| publisher = Routledge (UK) | id = 0-415-18589-0}} | |||
| *{{cite book| first=Russ|last=VerSteeg|title=Law in Ancient Egypt|year=2002|isbn=0-89089-978-9}} | |||
| *{{cite book|title=Re-Examining Progressive Halakhah edited by Walter Jacob, Moshe Zemer|first=Mark|last=Washofsky|year=2002|publisher=Berghahn Books|isbn=1-571-81404-3|chapter=Taking Precedent Seriously}} | |||
| *{{cite book|last=Weber|first=Max|authorlink=Max Weber|title=Economy and Society, Volume I (Translated and edited by Claus Wittich, Ephraim Fischoff, and Guenther Roth)|year=1978|publisher=University of California Press|id= 0-520-03500-3|chapter=Bureaucracy and Political Leadership}} | |||
| *{{Cite wikisource|Politics as a Vocation|] (1919)}} | |||
| *{{cite book|last=Weber|first=Max|authorlink=Max Weber|title=The Theory of Social and Economic Organization (Edited with Introduction by Talcott Parsons – Translated in English by A. M. Henderson)|year=1964|publisher=The Free Press of Glencoe|id= ASIN B-000-LRHAX-2}} | |||
| *{{cite journal |quotes= |last=Wehberg|first=Hans |year=1959 |month=October |title=Pacta Sunt Servanda|journal=The American Journal of International Law|volume=53 |issue=4 |pages=775–786 |url=http://links.jstor.org/sici?sici=0002-9300%28195910%2953%3A4%3C775%3APSS%3E2.0.CO%3B2-6&size=SMALL}} | |||
| </div> | |||
| ===Online sources=== | |||
| <div class="references-small"> | |||
| *{{cite web|title=A Brief Overview of the Supreme Court|url=http://www.supremecourtus.gov/about/briefoverview.pdf|publisher=Supreme Court of the United States|accessdate=2006-11-10}} | |||
| *{{cite web|last=Bix|first=Brian|title=John Austin|url=http://plato.stanford.edu/entries/austin-john/|work=]|accessdate=2007-02-14}} | |||
| *{{cite web | title = C-26/62 ''Van Gend en Loos v. Nederlanse Administratie Der Belastingen'' | url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61962J0026:EN:HTML | publisher = Eur-Lex| accessdate = 2007-01-19}} | |||
| *{{fr icon}} {{cite web|title=Des Sergents de Ville et Gardiens de la Paix à la Police de Proximité : la Préfecture de Police au Service des Citoyens|publisher =La Préfecture de Police de Paris |url=http://www.prefecture-police-paris.interieur.gouv.fr/documentation/bicentenaire/theme_expo4.htm | |||
| |accessdate = 2007-01-24}} | |||
| *{{de icon}} {{cite web|title=Entscheidungen des Bundesverfassungsgerichts (Decisions of the Federal Constitutional Court)|publisher=]|url=http://www.bundesverfassungsgericht.de/entscheidungen.html|accessdate=2006-11-10}} | |||
| *{{cite web|last=Green|first=Leslie|title=Legal Positivism| work=Stanford Encyclopedia of Philosophy|url=http://plato.stanford.edu/entries/legal-positivism/|accessdate=2006-12-10}} | |||
| *{{cite web|title=History of Police Forces|url=http://www.publications.parliament.uk/pa/ld/ldjudgmt.htm|work=History.com Encyclopedia|accessdate=2006-12-10}} | |||
| *{{cite web|title=House of Lords Judgements|url=http://www.history.com/encyclopedia.do?articleId=219522|publisher=House of Lords|accessdate=2006-11-10}} | |||
| *{{fr_icon}} {{cite web|title=Jurisprudence, publications, documentation |url= http://www.courdecassation.fr/jurisprudence_publications_documentation_2/ | publisher = ]|accessdate=2007-02-11}} | |||
| *{{cite web |url=http://dictionary.law.com/default2.asp?selected=1111&bold=|||| |title=law |accessdate=2007-02-10 |format= |work=Law.com Dictionary}} | |||
| *{{cite web |url=http://www.etymonline.com/index.php?search=law&searchmode=none | title=law |accessdate=2007-02-09 |work= Online Etymology Dictionary}} | |||
| *{{cite web |url=http://www.m-w.com/dictionary/legal |title=legal |accessdate=2007-02-09 |work= Merriam-Webster's Online Dictionary}} | |||
| *{{cite web | title=Magna Carta| url= http://www.fordham.edu/halsall/source/magnacarta.html | publisher =]|accessdate=2006-11-10}} | |||
| *{{cite web | last=Marmor | first=Andrei |url= http://plato.stanford.edu/entries/lawphil-theory/ | title= The Pure Theory of Law | accessdate=2007-02-09 | work= Stanford Encyclopedia of Philosophy|year=1934 }} | |||
| *{{cite web|url=http://www.icc-cpi.int/statesparties.html|title=The States Parties to the Rome Statute|publisher = ] |accessdate=2007-02-10}} | |||
| *{{cite web|title=The World Factbook — Field Listing – Legal system| url=https://www.cia.gov/library/publications/the-world-factbook/fields/2100.html| publisher =]|accessdate=2007-10-13}} | |||
| </div> | |||
| ==Further reading== | |||
| <div class="references-small"> | |||
| *{{cite book |title= A Comparative Bibliography: Regulatory Competition on Corporate Law| quotes= |last=Kocaoğlu|first=Kağan |coauthors= | year=2008 |publisher=Georgetown University Law Center Working Paper |location=|isbn= |url= http://ssrn.com/abstract=1103644}} | |||
| * For a critical review of state law: Gad Barzilai, ''Communities and Law: Politics and Cultures of Legal Identities'' (Ann Arbor: University of Michigan Press, 2003). | |||
| *{{cite book |last=Austin |first=John |authorlink=John Austin (legal philosopher) |title=] |year=1831 |publisher= |location= |isbn= }} | |||
| *{{cite book |last=Hart |first=H. L. A. |authorlink=H. L. A. Hart |title=] |year=1961 |publisher=Oxford University Press |isbn=0-19-876122-8}} | |||
| *{{cite book |title=Major Legal Systems in the World Today: An Introduction to the Comparative Study of Law| quotes= |last=René|first=David |coauthors=Brierley, John E. C. | year=1985 |publisher=Stevens |location=London|isbn=0-420-47340-8}} | |||
| </div> | |||
| ==External links== | |||
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Revision as of 19:36, 2 May 2008
fuck it fucker suck some balls ..!..