Law: Difference between revisions

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[[File:Cicerón_denuncia_a_Catilina,_por_Cesare_Maccari.jpg|thumb|[[Cicero]] accuses [[Catiline]] of [[treason]] (the [[Second Catilinarian conspiracy]]); the proceedings lasted four days, and resulted in a [[death penalty|death sentence]]; part of a [[fresco]] above a courthouse, in Rome]]
[[File:Code of Hammurabi 92.jpg|thumb|The [[Code of Hammurabi]], a legal text written about 1700BC. It is among the oldest legal texts known today.]]
[[File:P1050763_Louvre_code_Hammurabi_face_rwk.JPG|thumb|[[Stele]] with the actual text, Louvre museum]]
'''Law''' is a set of [[rule]]s decided by a particular [[state|place or authority]] meant for the purpose of keeping the peace and security of [[society]].  
'''Law''' is a set of [[rule]]s decided by a particular [[state|place or authority]] meant for the purpose of keeping the peace and security of [[society]].  


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**Physician-Patient Privilege protects the patient's private conversations with a medical physician (doctor), this also extends to their personal information (like their contact details) shared with medical personnel.
**Physician-Patient Privilege protects the patient's private conversations with a medical physician (doctor), this also extends to their personal information (like their contact details) shared with medical personnel.
* [[Property]] law states the rights and obligations that a person has when they buy, sell, or rent homes and land (called [[real property]] or [[real property|realty]]), and objects (called [[personal property]]).
* [[Property]] law states the rights and obligations that a person has when they buy, sell, or rent homes and land (called [[real property]] or [[real property|realty]]), and objects (called [[personal property]]).
** [[Intellectual property]] (IP) law involves the rights people have over things they create, such as art, music, and literature. This is called [[copyright]]. It also protects inventions that people make, by a kind of law called [[patent]]. It also covers the rights people have to the names of a company or a distinctive mark or logo. This is called [[trademark]].
** [[Intellectual property]] (IP) law involves the rights people have over things they create, such as art, music, and literature. This is called [[copyright]]. It also protects inventions that people make, by a kind of law called [[patent]]. It also covers the rights people have to the names of a company or a distinctive mark or logo. This is called [[trademark]].
* Trust law (business Law) sets out the rules for money that is put into an [[investment]], such as pension funds that people save up for their retirement. It involves many different types of law, including administrative and property law.
* Trust law (business Law) sets out the rules for money that is put into an [[investment]], such as pension funds that people save up for their retirement. It involves many different types of law, including administrative and property law.
*[[Tort law]] helps people to make claims for [[money|compensation]] (repayment) when someone hurts them or hurts their property.
*[[Tort law]] helps people to make claims for [[money|compensation]] (repayment) when someone hurts them or hurts their property.
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*[[Constitutional law]] deals with the important rights of the government, and its relationship with the people. It mainly involves the interpretation of a [[constitution]], including things like the [[Separation of powers]] of the different branches of government.
*[[Constitutional law]] deals with the important rights of the government, and its relationship with the people. It mainly involves the interpretation of a [[constitution]], including things like the [[Separation of powers]] of the different branches of government.
**A [[court order]] is an official proclamation by a judge that defines and authorizes the carrying out of certain steps for one or more parties to a case.
**A [[court order]] is an official proclamation by a judge that defines and authorizes the carrying out of certain steps for one or more parties to a case.
*Administrative law is used by ordinary citizens who want to challenge decisions made by governments. It also involves things like [[regulations]], and the operation of the [[Public administration|administrative agencies]].  
*Administrative law is used by ordinary citizens who want to challenge decisions made by governments. It also involves things like regulations, and the operation of the [[Public administration|administrative agencies]].  
*[[International law]] is used to set out rules on how countries can act in areas such as trade, the environment, or military action. The [[Geneva Conventions]] on the conduct of war and the [[Roerich Pact]] are examples of international law.
*[[International law]] is used to set out rules on how countries can act in areas such as trade, the environment, or military action. The [[Geneva Conventions]] on the conduct of war and the [[Roerich Pact]] are examples of international law.
*[[Custom]] and tradition are practices that are widely adopted and agreed upon in a society, thought often not in a written form. Custom and tradition can be enforced in courts and are sometimes considered as part of the legal reasoning in matters decided in courts. In some societies and cultures all law is or was custom and tradition, though this is increasingly rare although there are some parts of the world where custom tradition are still binding or even the predominant form of law, for example tribal lands or failed states.
*[[Custom]] and tradition are practices that are widely adopted and agreed upon in a society, thought often not in a written form. Custom and tradition can be enforced in courts and are sometimes considered as part of the legal reasoning in matters decided in courts. In some societies and cultures all law is or was custom and tradition, though this is increasingly rare although there are some parts of the world where custom tradition are still binding or even the predominant form of law, for example tribal lands or failed states.
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'''[[Civil law]]''' is the legal system used in most countries around the world today. Civil law is based on legislation that is found in [[constitution]]s or statutes passed by government. The secondary part of civil law is the legal approaches that are part of custom. In civil law governments, judges do not generally have much power, and most of the laws and [[legal precedent]] are created by [[Member of Parliament|Members of Parliament]].
'''[[Civil law]]''' is the legal system used in most countries around the world today. Civil law is based on legislation that is found in [[constitution]]s or statutes passed by government. The secondary part of civil law is the legal approaches that are part of custom. In civil law governments, judges do not generally have much power, and most of the laws and [[legal precedent]] are created by [[Member of Parliament|Members of Parliament]].
   
   
'''[[Common law]]''' is based on the decisions made by judges in past court cases. It comes from England and it became part of almost every country that once belonged to the British Empire, except [[Malta]], [[Scotland]], the U.S. state of [[Louisiana]], and the Canadian province of [[Quebec]]. It is also the predominant form of law in the United States, where many laws called [[statutes]] are written by [[Congress]], but many more legal rules exist from the decisions of the courts. Common law had its beginnings in the Middle Ages, when King John was forced by his barons to sign a document called the [[Magna Carta]].
'''[[Common law]]''' is based on the decisions made by judges in past court cases. It comes from England and it became part of almost every country that once belonged to the British Empire, except [[Malta]], [[Scotland]], the U.S. state of [[Louisiana]], and the Canadian province of [[Quebec]]. It is also the predominant form of law in the United States, where many laws called statutes are written by [[Congress]], but many more legal rules exist from the decisions of the courts. Common law had its beginnings in the Middle Ages, when King John was forced by his barons to sign a document called the [[Magna Carta]].


== Religious law ==
== Religious law ==
Religious law is law based on religious beliefs or books. Examples include the [[Judaism|Jewish]] [[Halakha]], [[Islam]]ic [[Sharia]], and [[Christianity|Christian]] [[Canon law]].
Religious law is law based on religious beliefs or books. Examples include the [[Judaism|Jewish]] [[Halakha]], [[Islam]]ic [[Sharia]], and [[Christianity|Christian]] [[Canon law]].


Until the 1700s, Sharia law was the main legal system throughout the Muslim world. In some Muslim countries such as Saudi Arabia and Iran, the whole legal systems still base their law on Sharia law. Islamic law is often criticised because it often has harsh penalties for crimes. A serious criticism is the judgement of the [[European Court]] that "sharia is incompatible with the fundamental principles of [[democracy]]".<ref name=Judgement/><ref>[http://www.echr.coe.int/NR/rdonlyres/29AC6DBD-C3F8-411C-9B97-B42BE466EE7A/0/2004__Wildhaber_Cancado_Trindade_BIL__opening_legal_year.pdf Hearing of the European Court of Human Rights], January 22, 2004 (PDF)</ref><ref>{{cite web|url=http://www.echr.coe.int/Eng/Press/2001/July/RefahPartisi2001jude.htm |title=ECHR press release Refah Partisi (2001) |publisher=Echr.coe.int |accessdate=2012-04-04}}</ref>
Until the 1700s, [[Sharia law]] was the main legal system throughout the Muslim world. In some Muslim countries such as [[Saudi Arabia]] and [[Iran]], the whole legal systems still base their law on Sharia law. Islamic law is often criticised because it often has harsh penalties for crimes. A serious criticism is the judgement of the European Court that "sharia is incompatible with the fundamental principles of [[democracy]]".<ref name=Judgement/><ref>[https://web.archive.org/web/20060528154417/http://www.echr.coe.int/NR/rdonlyres/29AC6DBD-C3F8-411C-9B97-B42BE466EE7A/0/2004__Wildhaber_Cancado_Trindade_BIL__opening_legal_year.pdf Hearing of the European Court of Human Rights], January 22, 2004 (PDF)</ref><ref>{{cite web|url=http://www.echr.coe.int/Eng/Press/2001/July/RefahPartisi2001jude.htm|title=ECHR press release Refah Partisi (2001)|publisher=Echr.coe.int|archive-url=https://web.archive.org/web/20010811161803/http://www.echr.coe.int/Eng/Press/2001/July/RefahPartisi2001jude.htm |accessdate=2012-04-04|archive-date=2001-08-11 }}</ref>


The [[Turkey|Turkish]] [[Refah Party]]'s sharia-based "plurality of legal systems, grounded on religion" was ruled to contravene the [[European Convention on Human Rights|European Convention for the Protection of Human Rights and Fundamental Freedoms]]. The Court decided Refah's plan would "do away with the State's role as the guarantor of individual rights and freedoms" and "infringe the principle of non-discrimination between individuals as regards their enjoyment of public freedoms, which is one of the fundamental principles of democracy".<ref name="Judgement">[http://www.strasbourgconsortium.org/common/document.view.php?docId=3878], by Christian Moe, Norwegian Institute of Human Rights, published at the site of The Strasbourg Conference (31 pages).</ref>
The [[Turkey|Turkish]] Refah Party's sharia-based "plurality of legal systems, grounded on religion" was ruled to contravene the [[European Convention on Human Rights|European Convention for the Protection of Human Rights and Fundamental Freedoms]]. The Court decided Refah's plan would "do away with the State's role as the guarantor of individual rights and freedoms" and "infringe the principle of non-discrimination between individuals as regards their enjoyment of public freedoms, which is one of the fundamental principles of democracy".<ref name="Judgement">[http://www.strasbourgconsortium.org/common/document.view.php?docId=3878], by Christian Moe, Norwegian Institute of Human Rights, published at the site of The Strasbourg Conference (31 pages).</ref>


== History of law ==
== History of law ==
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'''Civil society''' is the people and groups that are not part of government that try to protect people against human rights abuses and try to protect freedom of speech and other individual rights. Organizations that are part of civil society include political parties, debating clubs, [[trade union]]s, human rights organizations, [[newspaper]]s and charities.
'''Civil society''' is the people and groups that are not part of government that try to protect people against human rights abuses and try to protect freedom of speech and other individual rights. Organizations that are part of civil society include political parties, debating clubs, [[trade union]]s, human rights organizations, [[newspaper]]s and charities.


"[[Corporation]]s are among the organizations that use the legal system to further their goals.  Like the others, they use means such as [[campaign donation]]s and [[advertising]] to persuade people that they are right.  Corporations also engage in [[commerce]] and make new things such as [[automobile]]s, vaporisers/e-cigarettes, and [[Unmanned aerial vehicle]]s (i.e. "drones") that the old laws are not well equipped to deal with. Corporations also makes use of a set of rules and regulations to ensure their employees remain loyal to them (usually presented in a legal contract), and that any disobedience towards these rules are considered uncivilized and therefore given grounds for immediate dismissal.
"[[Corporation]]s are among the organizations that use the legal system to further their goals.  Like the others, they use means such as campaign donations and [[advertising]] to persuade people that they are right.  Corporations also engage in [[commerce]] and make new things such as [[automobile]]s, vaporisers/e-cigarettes, and [[Unmanned aerial vehicle]]s (i.e. "drones") that the old laws are not well equipped to deal with. Corporations also makes use of a set of rules and regulations to ensure their employees remain loyal to them (usually presented in a legal contract), and that any disobedience towards these rules are considered uncivilized and therefore given grounds for immediate dismissal.
 
== Further reading ==
*H.L.A. Hart, ''The Concept of Law'', (Penelope A. Bullock & Joseph Raz eds. 2nd ed. 1994) (1961).
*Sandro Nielsen: ''The Bilingual LSP Dictionary. Principles and Practice for Legal Language''. Benjamins 1994.
*''A Companion to Contemporary Political Philosophy''. edited by Robert E. Goodin and Philip Pettit. {{ISBN|0-631-19951-9}}.
*Johnson, Alan (1995). ''The Blackwell Dictionary of Sociology''. Blackwells publishers. {{ISBN|1-55786-116-1}}.
*''Handbook of Political Institutions''. edited by R. A. W. Rhodes, Sarah A. Binder and Bert A. Rockman. Oxford University Press. {{ISBN|0-19-927569-6}}
*''An Introduction to IP Law.'' edited by John Watts. Oxford University Press. Available at [http://www.patent-professionals.com Patent Professionals LLC] {{Webarchive|url=https://web.archive.org/web/20180808080825/http://patent-professionals.com/ |date=2018-08-08 }}


== Related pages ==
== Related pages ==
*[[Constitution]]
*[[Constitution]]
*[[Death penalty]]
*[[Ethics]]
*[[Ethics]]
*[[Legal code]]
*[[Legal rights]]
*[[Legal rights]]
*[[Parliament]]
*[[Parliament]]
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* [[Political economy]]
* [[Political economy]]


== Other websites ==
== Further reading ==
* [http://en.citizendium.org/wiki/Law Law] -Citizendium
*H.L.A. Hart, ''The Concept of Law'', (Penelope A. Bullock & Joseph Raz eds. 2nd ed. 1994) (1961).
*Sandro Nielsen: ''The Bilingual LSP Dictionary. Principles and Practice for Legal Language''. Benjamins 1994.
*''A Companion to Contemporary Political Philosophy''. edited by Robert E. Goodin and Philip Pettit. {{ISBN|0-631-19951-9}}.
*Johnson, Alan (1995). ''The Blackwell Dictionary of Sociology''. Blackwells publishers. {{ISBN|1-55786-116-1}}.
*''Handbook of Political Institutions''. edited by R. A. W. Rhodes, Sarah A. Binder and Bert A. Rockman. Oxford University Press. {{ISBN|0-19-927569-6}}
*''An Introduction to IP Law.'' edited by John Watts. Oxford University Press. Available at [http://www.patent-professionals.com Patent Professionals LLC] {{Webarchive|url=https://web.archive.org/web/20180808080825/http://patent-professionals.com/ |date=2018-08-08 }}


== References ==
== References ==
{{commonscat}}
{{commonscat}}
{{reflist}}
{{reflist}}
== External links ==
* [http://en.citizendium.org/wiki/Law Law] -Citizendium


[[Category:Law| ]]
[[Category:Law| ]]
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