Portal:Law

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Law is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations related to the transfer and title of personal (often referred to as chattel) and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed. If the harm is criminalised in a statute, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between sovereign states in activities ranging from trade to environmental regulation or military action. Writing in 350 BC, the Greek philosopher Aristotle declared: "The rule of law is better than the rule of any individual."

Legal systems elaborate rights and responsibilities in a variety of ways. A general distinction can be made between civil law jurisdictions, which codify their laws, and common law systems, where judge made law is not consolidated. In some countries, religion informs the law. Law provides a rich source of scholarly inquiry, into legal history, philosophy, economic analysis or sociology. Law also raises important and complex issues concerning equality, fairness and justice. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread." In a typical democracy, the central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive. To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress. (More…)

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Article 9 of the Constitution of the Republic of Singapore, specifically Article 9(1), guarantees the right to life and the right to personal liberty. The Court of Appeal has called the right to life the most basic of human rights, but has yet to fully define the term in the Constitution. Contrary to the broad position taken in jurisdictions such as Malaysia and the United States, the High Court of Singapore has said that personal liberty only refers to freedom from unlawful incarceration or detention.

Article 9(1) states that persons may be deprived of life or personal liberty "in accordance with law". In Ong Ah Chuan v. Public Prosecutor (1980), an appeal to the Judicial Committee of the Privy Council from Singapore, it was held that the term law means more than just legislation validly enacted by Parliament, and includes fundamental rules of natural justice. Subsequently, in Yong Vui Kong v. Attorney-General (2011), the Court of Appeal held that such fundamental rules of natural justice embodied in the Constitution are the same in nature and function as common law rules of natural justice in administrative law, except that they operate at different levels of the legal order. (more...)

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Learned Hand (1872–1961) was an influential United States judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later on the United States Court of Appeals for the Second Circuit. Hand has reportedly been quoted more often than any other lower-court judge by legal scholars and by the Supreme Court of the United States. Born and raised in Albany, New York, Hand majored in philosophy at Harvard College and graduated with honors from Harvard Law School. After a short career as a lawyer in Albany and New York City, he was appointed as a Federal District Judge in Manhattan in 1909 at the age of 37. The profession suited his detached and open-minded temperament, and his decisions soon won him a reputation for craftsmanship and authority. He ran unsuccessfully as the Progressive Party's candidate for Chief Judge of the New York Court of Appeals in 1913, but withdrew from active politics shortly afterwards. In 1924, President Calvin Coolidge promoted Hand to the Court of Appeals for the Second Circuit, which he went on to lead as the Senior Circuit Judge (later retitled Chief Judge) from 1939 until his semi-retirement in 1951. Friends and admirers often lobbied for Hand's promotion to the Supreme Court, but circumstances and his political past conspired against his appointment. Hand possessed a gift for language, and his writings are admired as legal literature. (more...)

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  • ... that the non-payment of debts is the archetype for the seventeen other Hindu titles of law, including the sexual crimes against women?


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Jawaharlal Nehru at the Allahabad High Court

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The Smith Act trials of Communist Party leaders were a series of federal prosecutions conducted from 1949 to 1958 in which leaders of the Communist Party of the United States (CPUSA) were accused of violating the Smith Act, a statute which imposed penalties on those who advocated violent overthrow of the government. The prosecution argued that the CPUSA's policies promoted violent revolution; the defendants countered that they advocated a peaceful transition to socialism, and that the First Amendment's guarantee of freedom of speech and of association protected their membership of a political party. The trials led to the US Supreme Court decisions Dennis v. United States (1951) and Yates v. United States (1957). (more...)

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A black and white scan shows a page labelled "Regulamentul Organic" in the Romanian Cyrillic transitional alphabet. Below the title is a logo of a large bird with spread wings and a cross in its beak. Three straight black lines, incorporating flowers in the corners and in the centre of each side, are used as the page borders.

Regulamentul Organic (Romanian name, translated as Organic Statute or Organic Regulation; French: Règlement Organique, Russian: Oрганический регламент, Organichesky reglament) was a quasi-constitutional organic law enforced in 1834–1835 by the Imperial Russian authorities in Moldavia and Wallachia (the two Danubian Principalities that were to become the basis of the modern Romanian state). The onset of a common Russian protectorate which lasted until 1854, and itself in force until 1858, the document signified a partial confirmation of traditional government (including rule by the hospodars). Conservative in its scope, it also engendered a period of unprecedented reforms which provided a setting for the Westernization of local society. The Regulament offered the two Principalities their first common system of government. (more...)

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