Portal:Law

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Lady Justice, often used as a personification of the law, holding a sword in one hand and scales in the other.

Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.

Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Historically, religious law has influenced secular matters and is, as of the 21st century, still in use in some religious communities. Sharia law based on Islamic principles is used as the primary legal system in several countries, including Iran and Saudi Arabia.

The scope of law can be divided into two domains: public law concerns government and society, including constitutional law, administrative law, and criminal law; while private law deals with legal disputes between parties in areas such as contracts, property, torts, delicts and commercial law. This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts; by contrast, the public-private law divide is less pronounced in common law jurisdictions. (Full article...)

Selected article

The prison occupied two locations, the first c. 1329–1811, and the second 1811–1842. The image above is of the first Marshalsea in the 18th century.

The Marshalsea (1373–1842) was a notorious prison in Southwark, just south of the River Thames. Although it housed a variety of prisoners—including men accused of crimes at sea and political figures charged with sedition—it became known, in particular, for its incarceration of the poorest of London's debtors. Over half of England's prisoners in the 18th century were in jail because of debt.

Run privately for profit, as were all English prisons until the 19th century, the Marshalsea looked like an Oxbridge college and functioned as an extortion racket. Debtors in the 18th century who could afford the prison fees had access to a bar, shop and restaurant, and retained the crucial privilege of being allowed out during the day, which gave them a chance to earn money for their creditors. Everyone else was crammed into one of nine small rooms with dozens of others, possibly for years for the most modest of debts, which increased as unpaid prison fees accumulated. The poorest faced starvation and, if they crossed the jailers, torture with skullcaps and thumbscrews. A parliamentary committee reported in 1729 that 300 inmates had starved to death within a three-month period, and that eight to ten were dying every 24 hours in the warmer weather.

The prison became known around the world in the 19th century through the writing of the English novelist Charles Dickens, whose father was sent there in 1824, when Dickens was 12, for a debt to a baker. Forced as a result to leave school to work in a factory, Dickens based several of his characters on his experience, most notably Amy Dorrit, whose father is in the Marshalsea for debts so complex no one can fathom how to get him out. (Full article...)

Selected biography

Photograph of a statue of a man wearing robes

Hubert Walter (c. 1160 – 13 July 1205) was an influential royal adviser in the late twelfth and early thirteenth centuries in the positions of Chief Justiciar of England, Archbishop of Canterbury, and Lord Chancellor. As chancellor, Walter began the keeping of the Charter Roll, a record of all charters issued by the chancery. Walter was not noted for his holiness in life or learning, but historians have judged him one of the most outstanding government ministers in English history.

Walter owed his early advancement to his uncle Ranulf de Glanvill, who helped him become a clerk of the Exchequer. Walter served King Henry II of England in many ways, not just in financial administration, but also including diplomatic and judicial efforts. After an unsuccessful candidacy to the see of York, Walter was elected Bishop of Salisbury shortly after the accession of Henry's son Richard I. (Full article...)

Selected statute

A statute is a formal written enactment of a legislative body, a stage in the process of legislation. Typically, statutes command or prohibit something, or declare policy. Statutes are laws made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, regulations issued by government agencies, and oral or customary law.[better source needed] Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...)


A group of people holding placards in the middle of the road

House Bill 444 (abbreviated H.B. 444) was a 2009 bill of the Hawaii State Legislature, passed in April 2010 and vetoed by Governor of Hawaii Linda Lingle, that would have legalized civil unions for couples in the state of Hawaii. Its legislative process was accompanied by controversy over the bill's content and effects and rallies were held by supporters and opponents.

The bill passed the Hawaii House of Representatives in February 2009 in a form specific to same-sex couples, was passed in amended form including opposite-sex couples by the Hawaii Senate in May 2009, and was carried over in the 2010 session, where it passed the Senate again in January 2010 with a veto-proof majority. The bill moved back to the House but was indefinitely postponed by a voice vote initiated by House Speaker Calvin Say, requiring a vote of two-thirds of Representatives to be taken up again in 2010, and was considered dead. In April 2010, on the last day of the legislative session, the House suspended the rules on the Senate bill and passed it with a majority, sending the bill to Governor Linda Lingle, who vetoed it in July 2010.

Hawaii did not allow same-sex marriages or civil unions, but two unmarried people can register for a reciprocal beneficiary relationship, which provides some of the rights and benefits that come with marriage. The bill was written to become law on January 1, 2010, would allow all couples to obtain rights equal to those of married couples, and make Hawaii the only state in the Western United States to allow civil unions instead of domestic partnerships. (Full article...)

Did you know...

  • ... that although Elizabeth Richards Tilton (pictured) was a central figure in a six-month-long trial, she was never allowed to speak in court?

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Selected case

Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (Full article...)


Sepia-toned oval portrait of a man with a high collar.

Thomas Bonham v College of Physicians, commonly known as Dr. Bonham's Case or simply Bonham's Case, was a case decided in 1610 by the Court of Common Pleas in England, under Sir Edward Coke, the court's Chief Justice, in which it was ruled that Dr. Bonham had been wrongfully imprisoned by the College of Physicians for practising medicine without a licence. Dr. Bonham's attorneys had argued that imprisonment was reserved for malpractice not illicit practice, with Coke agreeing in the majority opinion.

The case is notable because Coke argued in the decision's rationale that "in many cases, the common law will control Acts of Parliament", the act of parliament in question being the "College of Physicians Act 1553" which gave the college the right to imprison. The meaning of this phrase has been disputed over the years. According to one interpretation, Coke intended the kind of judicial review that would later develop in the United States, but other scholars believe that Coke meant only to construe a statute, not to challenge parliamentary sovereignty. If Coke intended the former, he may have later changed his view. The statement by Coke is sometimes considered to be an obiter dictum (a statement made 'by the way'), rather than part of the ratio decidendi (rationale for the decision) of the case.

After an initial period during which Coke's controversial view enjoyed some support but no statutes were declared void, Bonham's Case was thrown aside as a precedent, in favour of the growing doctrine of parliamentary sovereignty. William Blackstone, one of the most prominent supporters of the doctrine, argued that Parliament is the sovereign lawmaker, preventing the common law courts from throwing aside or reviewing statutes in the fashion that Coke had suggested. Parliamentary sovereignty is now the accepted judicial doctrine in the legal system of England and Wales. (Full article...)

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