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 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...
Sir Aubrey Melford Steed Stevenson PC (17 October 1902 – 26 December 1987), usually known as Sir Melford Stevenson , was an English barrister and, later, a High Court judge , whose judicial career was marked by his controversial conduct and outspoken views.
After establishing a legal career in the field of insolvency , Stevenson served during the Second World War as a Deputy Judge Advocate General of the Armed Forces . He was subsequently Judge Advocate at the 1945 war crimes trial of former personnel of the German submarine U-852 Peleus affairBritish Kenya during Jomo Kenyatta 's unsuccessful appeal against his conviction for membership of the rebel organisation Mau Mau . Later that year he represented the litigants in the Crichel Down affair , which led to changes in the law on compulsory purchase . In 1955 he defended Ruth Ellis , the last woman to be executed for murder in the United Kingdom. He was deeply distressed by the execution of Ellis, for whom there had been no defence in law, but whom Home Secretary Gwilym Lloyd George was expected to reprieve. Two years later, Stevenson took part in the unsuccessful prosecution of John Bodkin Adams for the murder of Edith Alice Morrell .
Stevenson became a High Court judge in 1957, and acquired a reputation for severity in sentencing. He sentenced the Kray twins to life imprisonment in 1969, with a recommendation that they serve not less than 30 years each. In 1970 Stevenson passed long sentences on eight Cambridge University students who took part in the Garden House riot , and the following year gave Jake Prescott of the Angry Brigade 15 years for conspiracy to cause explosions.
One of his fellow judges, Sir Robin Dunn , described him as "the worst judge since the war". After Dunn's attack, several high-profile legal figures came to Stevenson's defence, among them fellow judge and biographer Lord Roskill , who pointed out that Stevenson could be merciful to those he regarded as victims. Lord Devlin described Stevenson as the "last of the grand eccentrics". Mr Justice Stevenson retired from the bench in 1979 aged 76, and died at St Leonards in East Sussex on 26 December 1987. (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 Territorial and Reserve Forces Act 1907 7 Edw. 7 . c. 9) was an Act of the Parliament of the United Kingdom that reformed the auxiliary forces of the British Army by transferring existing Volunteer and Yeomanry units into a new Territorial Force (TF); and disbanding the Militia to form a new Special Reserve of the Regular Army . This reorganisation formed a major part of the Haldane Reforms , named after the creator of the Act, Richard Haldane .
The lessons learned during the South African War of 1899-1902 had reinforced the idea that the Regular Army was not capable of fighting a prolonged full-scale war without significant assistance; almost all regular units in the United Kingdom had been deployed overseas within four months of the outbreak of hostilities. Furthermore, by the end of the first year of fighting, the Regular Reserve and the Militia Reserve had been entirely exhausted. (Regular reservists were members of the Regular Army who had retired from the active-duty portion of their service but remained available for the callout. The Militia Reserve was a pool of individuals within the Militia, who accepted an overseas service liability). There had been no thought before the war about the wider use of auxiliary forces overseas; in the event, volunteers had been used on an ad-hoc basis, and a new auxiliary arm (the Imperial Yeomanry ) was formed to provide specialist troops, but it was clear that a more effective system was required in future. A number of attempts at reform under the Conservative government of 1901-1905 had failed to make any lasting changes to the system and left the auxiliary forces disorganised and demoralised.
Despite his efforts, several groups vocally opposed his approach: first, the National Service League, led by Field Marshal Lord Roberts, and backed by retired senior officers and some Conservative MPs. They argued that auxiliary forces would be ineffective against Continental armies, even, at one point, enlisting the support of the king. At the same time, the Labour Party members generally opposed any increase in military strength. Further opposition came from protagonists of the existing system, especially the militia. In the face of all these forces, Haldane made a series of last-minute changes to the bill when he presented it in March 1907, including restricting compulsory service to Home defence only. Nevertheless, the structure remained much larger than was likely to be necessary for home defence and included all the supporting arms and services for the planned fourteen full divisions and he commented that 'they could go abroad if they wish.' The bill was put before the Commons on 4 March, then debated in late March and throughout April, where it received prolific but disorganised opposition, mainly from partisans of the existing system. It had its third reading in June, passing with a comfortable majority, and received the Royal Assent in August; the Act became effective immediately, though the bulk of its reforms were scheduled to begin on 1 April 1908. (Full article...
... that the non-payment of debts is the archetype for the seventeen other Hindu titles of law ... that Peter Rosted served as chief judge at Norway's Inderøy District Court
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...
Cambridge Water Co Ltd v Eastern Counties Leather plc 1 All ER 53 is a case in English tort law that established the principle that claims under nuisance and Rylands v Fletcher Rylands was a sub-set of nuisance rather than an independent tort, a debate eventually laid to rest in Transco plc v Stockport Metropolitan Borough Council
The Cambridge Water Company were a company responsible for providing potable water to the inhabitants of Cambridge and the surrounding areas. In 1976, they purchased a borehole outside Sawston to deal with rising demand. In 1980, a European Directive was issued requiring nations of the European Community to establish standards on the presence of perchloroethene (PCE) in water, which the United Kingdom did in 1982. It was found that the Sawston borehole was contaminated with PCE that had originated in a tannery owned by Eastern Counties Leather. Prior to 1980, there was no knowledge that PCE should be avoided or that it could cause harm, but the Cambridge Water Company brought a case against Eastern Counties Leather anyway.
The case first went to the High Court of Justice , where Kennedy J dismissed claims under nuisance, negligence and Rylands v Fletcher because the harm was not foreseeable. His decision was reversed by the Court of Appeal of England and Wales , who cited an "obscure decision" to justify doing so. The case then went to the House of Lords , where a decision was read by Lord Goff on 9 December 1993. Goff first countered the Court of Appeal decision, restoring Kennedy's dismissal of the case, before moving on to the deeper legal points. Based on the original decision in Rylands , Goff argued that it had always been intended for foreseeability of harm to be a factor, something not previously put into law by the English judiciary. He then stated that Rylands was arguably a sub-set of nuisance, not an independent tort, and as such the factors which led him to including a test of foreseeability of harm in Rylands cases also imposed such a test on all nuisance cases.
The decision in Cambridge Water Co made an immediate change to the law, for the first time requiring foreseeability of harm to be considered in cases brought under Rylands v Fletcher and the general tort of nuisance. It was also significant in implying that Rylands was not an independent tort, something later concluded in the Transco case. Goff's judgment has been criticised on several points by academics, who highlight flaws in wording which leave parts of the judgment ambiguous and a selective assessment of Rylands that ignores outside influences. (Full article...
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Image 1 Thomas Aquinas was the most influential Western medieval legal scholar. (from
Jurisprudence )
Image 2 Mill believed law should create happiness. (from
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Image 3 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 4 Gratian (from
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Image 5 Plato (left) and
Aristotle (right), a detail of
The School of Athens (from
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Image 7 Image of pages from the
Decretum of
Burchard of Worms , an 11th-century book of canon law (from
Canon law )
Image 9 Philosophers of law ask "what is law, and what should it be?" (from
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Image 10 Bentham's utilitarian theories remained dominant in law until the twentieth century. (from
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Image 11 Corpus Iuris Civilis , 1607 (from
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Image 12 Oliver Wendell Holmes was a self-styled legal realist. (from
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Image 13 Lady Justice (Latin:
Justicia ), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from
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Image 14 King John of England signs the Magna Carta (from
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