Portal:Law

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The Law Portal

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

Tahirih Justice Center origins map

The Tahirih Justice Center, or Tahirih, is a national charitable non-governmental organization headquartered in Falls Church, Virginia, United States, that aims to protect immigrant women and girls fleeing gender-based violence and persecution. Tahirih's holistic model combines free legal services and social services case management with public policy advocacy, training and education.

Since its founding in 1997, Tahirih has answered more than 30,000 pleas for help from individuals seeking protection from human rights abuses, such as female genital cutting, domestic violence, human trafficking, torture and rape.

Tahirih is inspired by principles of the Baháʼí Faith, including the belief that equality between women and men is necessary for peace and unity in society. The organization is named after Táhirih, an influential female poet and theologian in 19th-century Persia who campaigned for women's rights. (Full article...)

Selected biography

Mahatma Gandhi

Mohandas Karamchand Gandhi (ISO: Mōhanadāsa Karamacaṁda Gāṁdhī; 2 October 1869 – 30 January 1948) was an Indian lawyer, anti-colonial nationalist and political ethicist who employed nonviolent resistance to lead the successful campaign for India's independence from British rule. He inspired movements for civil rights and freedom across the world. The honorific Mahātmā (from Sanskrit 'great-souled, venerable'), first applied to him in South Africa in 1914, is now used throughout the world.

Born and raised in a Hindu family in coastal Gujarat, Gandhi trained in the law at the Inner Temple in London, and was called to the bar in June 1891, at the age of 22. After two uncertain years in India, where he was unable to start a successful law practice, he moved to South Africa in 1893 to represent an Indian merchant in a lawsuit. He went on to live in South Africa for 21 years. There, Gandhi raised a family and first employed nonviolent resistance in a campaign for civil rights. In 1915, aged 45, he returned to India and soon set about organising peasants, farmers, and urban labourers to protest against discrimination and excessive land-tax. (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 scan of the appendix page of the Japanese Act on National Flag and Anthem

The Act on National Flag and Anthem (国旗及び国歌に関する法律, Kokki Oyobi Kokka ni Kansuru Hōritsu), abbreviated as 国旗国歌法, is a law that formally established Japan's national flag and anthem. Before its ratification on August 13, 1999, there was no official flag or anthem for Japan. The nisshōki (日章旗) flag, commonly referred to as the hinomaru (日の丸), had represented Japan unofficially since 1870; "Kimigayo" (君が代) had been used as Japan's de facto anthem since 1880.

After Japan's defeat in World War II, there were suggestions to legislate the hinomaru and Kimigayo as the official symbols of Japan. However, a law to establish the hinomaru and Kimigayo as official in 1974 failed in the National Diet, due to the opposition of the Japan Teachers Union that insists they have a connection with Japanese militarism. It was suggested that both the hinomaru and Kimigayo should be made official after a school principal in Hiroshima committed suicide over a dispute regarding the use of the flag and anthem in a school ceremony.

After a vote in both houses of the National Diet, the law was passed on August 9, 1999. Promulgated and enforced on August 13, 1999, it was considered one of the most controversial laws passed by the National Diet in the 1990s. The debate surrounding the law also revealed a split in the leadership of the opposition Democratic Party of Japan (DPJ) and the unity of the ruling Liberal Democratic Party (LDP) and coalition partners.

The passage of the law was met with mixed reactions. Although some Japanese hailed the passage, others felt that it was a shift toward restoring nationalistic feelings and culture: It was passed in time for the tenth anniversary of the Emperor Akihito's reign. In the countries that Japan had occupied during World War II, some felt that the law's passage, along with debates on laws related to military affairs and Yasukuni Shrine, marked a shift in Japan toward the political right. Regulations and government orders issued in the wake of this law, especially those issued by the Tokyo Board of Education, were also challenged in court by some Japanese due to conflicts with the Japanese constitution. (Full article...)

Did you know...

Photographs of a woman standing at a podium and gesturing.

  • ... that Dutch physician Aletta Jacobs legal challenge to be added to the Amsterdam electoral rolls backfired, leading to a constitutional amendment granting voting rights only to men?
  • ... that when Henry McCardie was a barrister, he often worked so late that his chambers were nicknamed "the lighthouse", as there was light coming from the windows?
  • ... that the diaries of James Humphreys, the "Emperor of Porn", were used to convict 13 policemen of accepting his bribes?

Selected images

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...)


An illustration of two people fighting in a pen and surrounded by a large crowd

Ashford v Thornton (1818) 106 ER 149 is an English criminal case in the Court of King's Bench which upheld the right of the defendant to trial by battle on a private appeal from an acquittal for murder.

In 1817, Abraham Thornton was charged with the murder of Mary Ashford. Thornton had met Ashford at a dance and had walked with her from the event. The next morning, she was found drowned in a pit with little evidence of violence. Public opinion was heavily against Thornton, but the jury quickly acquitted him of both murder and rape.

Mary's brother William Ashford launched an appeal, and Thornton was rearrested. Thornton claimed the right to trial by battle, a medieval usage that had never been abolished by Parliament. Ashford argued that the evidence against Thornton was overwhelming and that he was thus ineligible to wage battle.

The court decided that the evidence against Thornton was not overwhelming, and that therefore trial by battle was a permissible option under law. Ashford declined the offer of battle, however, and Thornton was freed from custody in April 1818. Appeals such as Ashford's were abolished by statute in 1819, and with them the right to trial by battle. (Full article...)

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