Lady Justice , often used as a personification of the law, holding a sword in one hand and scales in the other.Law enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature , resulting in statutes ; by the executive through decrees and regulations ; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution , written or tacit, and the rights encoded therein. The law shapes politics , economics , history and society in various ways and also serves as a mediator of relations between people.
Legal systems vary between jurisdictions , with their differences analysed in comparative law . In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law.
The scope of law can be divided into two domains: public law concerns government and society, including constitutional law , administrative law , and criminal law ; while private law deals with legal disputes between parties in areas such as contracts , property , torts , delicts and commercial law . This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts ; by contrast, the public-private law divide is less pronounced in common law jurisdictions. (Full article...
Insanity in English law criminal charges based on the idea that the defendant was unable to understand what he was doing, or, that he was unable to understand that what he was doing was wrong.
The defence comes in two forms; where the defendant claims he was insane at the time of the crime, and where the defendant asserts he is insane at the time of trial. In the first situation, the defendant must show that he was either suffering from a disease which damaged the functioning of the mind and led to a defect of reason that prevented him from understanding what he was doing, or that he could not tell that what he was doing was wrong. In the second situation, the test is whether or not the defendant can differentiate between "guilty" and "not guilty" verdicts, instruct counsel and recognise the charges he is facing. If successful, he is likely to be detained under the Criminal Procedure (Insanity) Act 1964 , although judges have a wide discretion as to what to do.
Use of insanity as a concept dates from 1324, and its criminal application was used until the late 16th century in an almost identical way. The defence, if successful, either allowed the defendant to return home or led to him being incarcerated until he was granted a royal pardon; after 1542, a defendant who became insane prior to the trial could not be tried for any crime, up to and including high treason. During the 18th century the test to determine insanity became extremely narrow, with defendants required to prove that they could not distinguish between good and evil and that they suffered from a mental disease which made them incapable of understanding the consequences of their actions. The current wording comes from the M'Naghten Rules , based on the trial of Daniel M'Naghten in 1843. (Full article...
William Murray, 1st Earl of Mansfield PC English law . Born in Scone Palace , Perthshire , to a family of Scottish nobility , he was educated in Perth before moving to London at the age of 13 to study at Westminster School . Accepted into Christ Church, Oxford , in May 1723, Mansfield graduated four years later and returned to London, where he was called to the Bar by Lincoln's Inn in November 1730 and quickly gained a reputation as an excellent barrister .
He became involved in British politics in 1742, beginning with his election to the House of Commons as a Member of Parliament for Boroughbridge and appointment as Solicitor General . In the absence of a strong Attorney General , Mansfield became the main spokesman for the government in the House of Commons, where he was noted for his "great powers of eloquence" and was described as "beyond comparison the best speaker". With the promotion of Sir Dudley Ryder to Lord Chief Justice in 1754, Mansfield became Attorney General and, when Ryder unexpectedly died several months later, he took his place as Chief Justice.
As the most powerful British jurist of the 18th century, Mansfield's decisions reflected the Age of Enlightenment and moved the country onto the path to abolishing slavery . He advanced commercial law in ways that helped establish Britain as world leader in industry, finance, and trade; modernised both English law and England's courts; rationalised the system for submitting motions , and reformed the way judgments were delivered to reduce expense for the parties. For his work in Carter v Boehm Pillans v Van Mierop Full article...
A statute legislative body, a stage in the process of legislation . Typically, statutes command or prohibit something, or declare policy . Statutes are laws made by legislative bodies; they are distinguished from case law or precedent , which is decided by courts , regulations issued by government agencies , and oral or customary law .[better source needed Statutes may originate with the legislative body of a country, state or province, county, or municipality . (Full article...
The Contracts (Rights of Third Parties) Act 1999 Act of the Parliament of the United Kingdom that significantly reformed the common law doctrine of privity and "thereby [removed] one of the most universally disliked and criticised blots on the legal landscape". The second rule of the doctrine of privity, that a third party could not enforce a contract for which he had not provided consideration , had been widely criticised by lawyers, academics and members of the judiciary. Proposals for reform via an act of Parliament were first made in 1937 by the Law Revision Committee in their Sixth Interim Report. No further action was taken by the government until the 1990s, when the Law Commission proposed a new draft bill in 1991, and presented their final report in 1996. The bill was introduced to the House of Lords in December 1998, and moved to the House of Commons on 14 June 1999. It received royal assent on 11 November 1999, coming into force immediately as the Contracts (Rights of Third Parties) Act 1999. (Full article...
... that in the Bancoult English courts and government first decided that the Chagossians could return home (pictured ), then that they couldn't, then that they could, and then that they couldn't?
Case law common law , is a law that is based on precedents , that is the judicial decisions from previous cases, rather than law based on constitutions , statutes , or regulations . Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals . These past decisions are called "case law", or precedent. Stare decisis —a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (Full article...
The Tichborne case cause célèbre Victorian Britain in the 1860s and 1870s. It concerned the claims by a man sometimes referred to as Thomas Castro or as Arthur Orton, but usually termed "the Claimant", to be the missing heir to the Tichborne baronetcy . He failed to convince the courts, was convicted of perjury and served a 14-year prison sentence.
Roger Tichborne, heir to the family's title and fortunes, was presumed to have died in a shipwreck in 1854 at age 25. His mother clung to a belief that he might have survived, and after hearing rumours that he had made his way to Australia, she advertised extensively in Australian newspapers, offering a reward for information. In 1866, a Wagga Wagga butcher known as Thomas Castro came forward claiming to be Roger Tichborne. Although his manners and bearing were unrefined, he gathered support and travelled to England. He was instantly accepted by Lady Tichborne as her son, although other family members were dismissive and sought to expose him as an impostor.
During protracted enquiries before the case went to court in 1871, details emerged suggesting that the Claimant might be Arthur Orton , a butcher's son from Wapping in London, who had gone to sea as a boy and had last been heard of in Australia. After a civil court had rejected the Claimant's case, he was charged with perjury; while awaiting trial he campaigned throughout the country to gain popular support. In 1874, a criminal court jury decided that he was not Roger Tichborne and declared him to be Arthur Orton. Before passing a sentence of 14 years, the judge condemned the behaviour of the Claimant's counsel, Edward Kenealy , who was subsequently disbarred because of his conduct. (Full article...
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The following are images from various law-related articles on Wikipedia.
Image 1 Plato (left) and
Aristotle (right), a detail of
The School of Athens (from
Jurisprudence )
Image 3 Lady Justice (Latin:
Justicia ), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from
Judiciary )
Image 4 King John of England signs the Magna Carta (from
Legal history )
Image 5 The
Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words (from
Legal history )
Image 6 Oliver Wendell Holmes was a self-styled legal realist. (from
Jurisprudence )
Image 7 Bentham's utilitarian theories remained dominant in law until the twentieth century. (from
Jurisprudence )
Image 8 Image of pages from the
Decretum of
Burchard of Worms , an 11th-century book of canon law (from
Canon law )
Image 9 Corpus Iuris Civilis , 1607 (from
Judiciary )
Image 10 "With law shall land be built", from the
Code of Jutland (1241) above the
Copenhagen Court House ,
Denmark (from
Legal history )
Image 12 Philosophers of law ask "what is law, and what should it be?" (from
Jurisprudence )
Image 13 Thomas Aquinas was the most influential Western medieval legal scholar. (from
Jurisprudence )
Image 14 Mill believed law should create happiness. (from
Jurisprudence )
Image 15 Gratian (from
Judiciary )
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