Law is a system of rules and guidelines, usually enforced through a set of institutions. 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 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 legislation or case law, 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.
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.
The English word ''law'' is derived from the Old English word ''lagu'' which in turn comes from the Old Norse word ''lagu'' the plural of ''lag'' meaning something laid down or fixed. The word ''legal'' comes from the Latin word ''legalis'', from ''lex'' "law", "statute".
International law can refer to three things: public international law, private international law or conflict of laws and the law of supranational organisations.
Public international law concerns relationships between sovereign nations. The sources for public international law development are custom, practice and treaties between sovereign nations, such as the Geneva Conventions. Public international law can be formed by international organisations, such as the United Nations (which was established after the failure of the League of Nations to prevent the Second World War), the International Labour Organisation, the World Trade Organisation, or the International Monetary Fund. Public international law has a special status as law because there is no international police force, and courts (e.g. the International Court of Justice as the primary UN judicial organ) lack the capacity to penalise disobedience. However, a few bodies, such as the WTO, have effective systems of binding arbitration and dispute resolution backed up by trade sanctions.
Conflict of laws (or "private international law" in civil law countries) concerns which jurisdiction a legal dispute between private parties should be heard in and which jurisdiction's law should be applied. Today, businesses are increasingly capable of shifting capital and labour supply chains across borders, as well as trading with overseas businesses, making the question of which country has jurisdiction even more pressing. Increasing numbers of businesses opt for commercial arbitration under the New York Convention 1958.
European Union law is the first and, so far, only example of a supranational legal framework. Given the trend of increasing global economic integration, many regional agreements—especially the Union of South American Nations—are on track to follow the same model. In the EU, sovereign nations have gathered their authority in a system of courts and political institutions. These institutions are allowed the ability to enforce legal norms both against or for member states and citizens in a manner which is not possible through public international law. As the European Court of Justice said in the 1960s, European Union law constitutes "a new legal order of international law" for the mutual social and economic benefit of the member states.
Constitutional and administrative law govern the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Most jurisdictions, like the United States and France, have a single codified constitution with a bill of rights. A few, like the United Kingdom, have no such document. A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention. A case named ''Entick v Carrington'' illustrates a constitutional principle deriving from the common law. Mr Entick's house was searched and ransacked by Sheriff Carrington. When Mr Entick complained in court, Sheriff Carrington argued that a warrant from a Government minister, the Earl of Halifax, was valid authority. However, there was no written statutory provision or court authority. The leading judge, Lord Camden, stated that,
The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole ... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment.
The fundamental constitutional principle, inspired by John Locke, holds that the individual can do anything but that which is forbidden by law, and the state may do nothing but that which is authorised by law. Administrative law is the chief method for people to hold state bodies to account. People can apply for judicial review of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law. The first specialist administrative court was the ''Conseil d'État'' set up in 1799, as Napoleon assumed power in France.
Examples of crimes include murder, assault, fraud and theft. In exceptional circumstances defences can apply to specific acts, such as killing in self defence, or pleading insanity. Another example is in the 19th century English case of ''R v Dudley and Stephens'', which tested a defence of "necessity". The ''Mignonette'', sailing from Southampton to Sydney, sank. Three crew members and Richard Parker, a 17 year old cabin boy, were stranded on a raft. They were starving and the cabin boy was close to death. Driven to extreme hunger, the crew killed and ate the cabin boy. The crew survived and were rescued, but put on trial for murder. They argued it was necessary to kill the cabin boy to preserve their own lives. Lord Coleridge, expressing immense disapproval, ruled, "to preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it." The men were sentenced to hang, but public opinion was overwhelmingly supportive of the crew's right to preserve their own lives. In the end, the Crown commuted their sentences to six months in jail.
Criminal law offences are viewed as offences against not just individual victims, but the community as well. The state, usually with the help of police, takes the lead in prosecution, which is why in common law countries cases are cited as "''The People'' v ..." or "''R'' (for Rex or Regina) v ..." Also, lay juries are often used to determine the guilt of defendants on points of fact: juries cannot change legal rules. Some developed countries still condone capital punishment for criminal activity, but the normal punishment for a crime will be imprisonment, fines, state supervision (such as probation), or community service. Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation, and rehabilitation. On the international field, 111 countries are members of the International Criminal Court, which was established to try people for crimes against humanity.
Contract law concerns enforceable promises, and can be summed up in the Latin phrase ''pacta sunt servanda'' (agreements must be kept). In common law jurisdictions, three key elements to the creation of a contract are necessary: offer and acceptance, consideration and the intention to create legal relations. In ''Carlill v Carbolic Smoke Ball Company'' a medical firm advertised that its new wonder drug, the smokeball, would cure people's flu, and if it did not, the buyers would get £100. Many people sued for their £100 when the drug did not work. Fearing bankruptcy, Carbolic argued the advert was not to be taken as a serious, legally binding offer. It was an invitation to treat, mere puff, a gimmick. But the court of appeal held that to a reasonable man Carbolic had made a serious offer. People had given good consideration for it by going to the "distinct inconvenience" of using a faulty product. "Read the advertisement how you will, and twist it about as you will", said Lord Justice Lindley, "here is a distinct promise expressed in language which is perfectly unmistakable".
"Consideration" indicates the fact that all parties to a contract have exchanged something of value. Some common law systems, including Australia, are moving away from the idea of consideration as a requirement. The idea of estoppel or ''culpa in contrahendo'', can be used to create obligations during pre-contractual negotiations. In civil law jurisdictions, consideration is not required for a contract to be binding. In France, an ordinary contract is said to form simply on the basis of a "meeting of the minds" or a "concurrence of wills". Germany has a special approach to contracts, which ties into property law. Their 'abstraction principle' (''Abstraktionsprinzip'') means that the personal obligation of contract forms separately from the title of property being conferred. When contracts are invalidated for some reason (e.g. a car buyer is so drunk that he lacks legal capacity to contract) the contractual obligation to pay can be invalidated separately from the proprietary title of the car. Unjust enrichment law, rather than contract law, is then used to restore title to the rightful owner.
Torts, sometimes called delicts, are civil wrongs. To have acted tortiously, one must have breached a duty to another person, or infringed some pre-existing legal right. A simple example might be accidentally hitting someone with a cricket ball. Under the law of negligence, the most common form of tort, the injured party could potentially claim compensation for his injuries from the party responsible. The principles of negligence are illustrated by ''Donoghue v Stevenson''. A friend of Mrs Donoghue ordered an opaque bottle of ginger beer (intended for the consumption of Mrs Donoghue) in a café in Paisley. Having consumed half of it, Mrs Donoghue poured the remainder into a tumbler. The decomposing remains of a snail floated out. She claimed to have suffered from shock, fell ill with gastroenteritis and sued the manufacturer for carelessly allowing the drink to be contaminated. The House of Lords decided that the manufacturer was liable for Mrs Donoghue's illness. Lord Atkin took a distinctly moral approach, and said,
The liability for negligence ... is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay ... The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.
This became the basis for the four principles of negligence; (1) Mr Stevenson owed Mrs Donoghue a duty of care to provide safe drinks (2) he breached his duty of care (3) the harm would not have occurred but for his breach and (4) his act was the proximate cause, or not too remote a consequence, of her harm. Another example of tort might be a neighbour making excessively loud noises with machinery on his property. Under a nuisance claim the noise could be stopped. Torts can also involve intentional acts, such as assault, battery or trespass. A better known tort is defamation, which occurs, for example, when a newspaper makes unsupportable allegations that damage a politician's reputation. More infamous are economic torts, which form the basis of labour law in some countries by making trade unions liable for strikes, when statute does not provide immunity.
This case is used to support the view of property in common law jurisdictions, that the person who can show the best claim to a piece of property, against any contesting party, is the owner. By contrast, the classic civil law approach to property, propounded by Friedrich Carl von Savigny, is that it is a right good against the world. Obligations, like contracts and torts are conceptualised as rights good between individuals. The idea of property raises many further philosophical and political issues. Locke argued that our "lives, liberties and estates" are our property because we own our bodies and mix our labour with our surroundings.
Equity is a body of rules that developed in England separately from the "common law". The common law was administered by judges. The Lord Chancellor on the other hand, as the King's keeper of conscience, could overrule the judge made law if he thought it equitable to do so. This meant equity came to operate more through principles than rigid rules. For instance, whereas neither the common law nor civil law systems allow people to split the ownership from the control of one piece of property, equity allows this through an arrangement known as a 'trust'. 'Trustees' control property, whereas the 'beneficial' (or 'equitable') ownership of trust property is held by people known as 'beneficiaries'. Trustees owe duties to their beneficiaries to take good care of the entrusted property. In the early case of ''Keech v Sandford'' a child had inherited the lease on a market in Romford, London. Mr Sandford was entrusted to look after this property until the child matured. But before then, the lease expired. The landlord had (apparently) told Mr Sandford that he did not want the child to have the renewed lease. Yet the landlord was happy (apparently) to give Mr Sandford the opportunity of the lease instead. Mr Sandford took it. When the child (now Mr Keech) grew up, he sued Mr Sandford for the profit that he had been making by getting the market's lease. Mr Sandford was meant to be trusted, but he put himself in a position of conflict of interest. The Lord Chancellor, Lord King, agreed and ordered Mr Sandford should disgorge his profits. He wrote,
Of course, Lord King LC was worried that trustees might exploit opportunities to use trust property for themselves instead of looking after it. Business speculators using trusts had just recently caused a stock market crash. Strict duties for trustees made their way into company law and were applied to directors and chief executive officers. Another example of a trustee's duty might be to invest property wisely or sell it. This is especially the case for pension funds, the most important form of trust, where investors are trustees for people's savings until retirement. But trusts can also be set up for charitable purposes, famous examples being the British Museum or the Rockefeller Foundation.
;Law and society
;Law and commerce Company law sprang from the law of trusts, on the principle of separating ownership of property and control. The law of the modern company began with the Joint Stock Companies Act 1856, passed in the United Kingdom, which provided investors with a simple registration procedure to gain limited liability under the separate legal personality of the corporation.
;Law and regulation
Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation—especially codifications in constitutions or statutes passed by government—and custom. Codifications date back millennia, with one early example being the Babylonian ''Codex Hammurabi''. Modern civil law systems essentially derive from the legal practice of the 6th-century Eastern Roman Empire whose texts were rediscovered by late medieval Western Europe. Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. Instead a lay magistrate, ''iudex'', was chosen to adjudicate. Precedents were not reported, so any case law that developed was disguised and almost unrecognised. Each case was to be decided afresh from the laws of the State, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. From 529–534 AD the Byzantine Emperor Justinian I codified and consolidated Roman law up until that point, so that what remained was one-twentieth of the mass of legal texts from before. This became known as the ''Corpus Juris Civilis''. As one legal historian wrote, "Justinian consciously looked back to the golden age of Roman law and aimed to restore it to the peak it had reached three centuries before." The Justinian Code remained in force in the East until the fall of the Byzantine Empire. Western Europe, meanwhile, relied on a mix of the Theodosian Code and Germanic customary law until the Justinian Code was rediscovered in the 11th century, and scholars at the University of Bologna used it to interpret their own laws. Civil law codifications based closely on Roman law, alongside some influences from religious laws such as Canon law, continued to spread throughout Europe until the Enlightenment; then, in the 19th century, both France, with the ''Code Civil'', and Germany, with the ''Bürgerliches Gesetzbuch'', modernised their legal codes. Both these codes influenced heavily not only the law systems of the countries in continental Europe (e.g. Greece), but also the Japanese and Korean legal traditions. Today, countries that have civil law systems range from Russia and China to most of Central and Latin America. The United States follows the common law system described below.
Common law and equity are legal systems where decisions by courts are explicitly acknowledged to be legal sources. The "doctrine of precedent", or ''stare decisis'' (Latin for "to stand by decisions") means that decisions by higher courts bind lower courts. Common law systems also rely on statutes, passed by the legislature, but may make less of a systematic attempt to codify their laws than in a "civil law" system. Common law originated from England and has been inherited by almost every country once tied to the British Empire (except Malta, Scotland, the U.S. state of Louisiana, and the Canadian province of Quebec). In medieval England, the Norman conquest led to a unification of various tribal customs and hence a law "common" to the whole country. The common law developed when the English monarchy had been weakened by the enormous cost of fighting for control over large parts of France. King John had been forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or ''Magna Carta'' of 1215 also required that the King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges, the English Court of Common Pleas had five. This powerful and tight-knit judiciary gave rise to a rigid and inflexible system of common law. As a result, as time went on, increasing numbers of citizens petitioned the King to override the common law, and on the King's behalf the Lord Chancellor gave judgment to do what was equitable in a case. From the time of Sir Thomas More, the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery. At first, equity was often criticised as erratic, that it varied according to the length of the Chancellor's foot. But over time it developed solid principles, especially under Lord Eldon. In the 19th century the two systems were fused into one another. In developing the common law and equity, academic authors have always played an important part. William Blackstone, from around 1760, was the first scholar to describe and teach it. But merely in describing, scholars who sought explanations and underlying structures slowly changed the way the law actually worked.
Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Sharia—both of which translate as the "path to follow"—while Christian canon law also survives in some church communities. Often the implication of religion for law is unalterability, because the word of God cannot be amended or legislated against by judges or governments. However a thorough and detailed legal system generally requires human elaboration. For instance, the Quran has some law, and it acts as a source of further law through interpretation, ''Qiyas'' (reasoning by analogy), ''Ijma'' (consensus) and precedent. This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively. Another example is the Torah or Old Testament, in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some Israeli communities choose to use. The Halakha is a code of Jewish law which summarises some of the Talmud's interpretations. Nevertheless, Israeli law allows litigants to use religious laws only if they choose. Canon law is only in use by members of the Catholic Church, the Eastern Orthodox Church and the Anglican Communion.
Until the 18th century, Sharia law was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire's Mecelle code in the 19th century being first attempt at codifying elements of Sharia law. Since the mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions. In modern times, the legal systems of many Muslim countries draw upon both civil and common law traditions as well as Islamic law and custom. The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia. Saudi Arabia recognises Quran as its constitution, and is governed on the basis of Islamic law. Iran has also witnessed a reiteration of Islamic law into its legal system after 1979. During the last few decades, one of the fundamental features of the movement of Islamic resurgence has been the call to restore the Sharia, which has generated a vast amount of literature and affected world politics.
The history of law is closely connected to the development of civilization. Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code that was probably broken into twelve books. It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code, which consisted of casuistic statements ("if ... then ..."). Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; this became known as the Codex Hammurabi. The most intact copy of these stelae was discovered in the 19th century by British Assyriologists, and has since been fully transliterated and translated into various languages, including English, German, and French.
The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society. The small Greek city-state, ancient Athens, from about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law (''thémis''), human decree (''nomos'') and custom (''díkē''). Yet Ancient Greek law contained major constitutional innovations in the development of democracy.
Roman law was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were highly sophisticated. Over the centuries between the rise and decline of the Roman Empire, law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I. Although codes were replaced by custom and case law during the Dark Ages, Roman law was rediscovered around the 11th century when mediæval legal scholars began to research Roman codes and adapt their concepts. In mediæval England, royal courts developed a body of precedent which later became the common law. A Europe-wide Law Merchant was formed so that merchants could trade with common standards of practice rather than with the many splintered facets of local laws. The Law Merchant, a precursor to modern commercial law, emphasised the freedom to contract and alienability of property. As nationalism grew in the 18th and 19th centuries, the Law Merchant was incorporated into countries' local law under new civil codes. The Napoleonic and German Codes became the most influential. In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. EU law is codified in treaties, but develops through the precedent laid down by the European Court of Justice.
Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice. The ''Arthashastra'', probably compiled around 100 AD (although it contains older material), and the ''Manusmriti'' (c. 100–300 AD) were foundational treatises in India, and comprise texts considered authoritative legal guidance. Manu's central philosophy was tolerance and Pluralism, and was cited across Southeast Asia. This Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire. Malaysia, Brunei, Singapore and Hong Kong also adopted the common law. The eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along western lines, by importing bits of the French, but mostly the German Civil Code. This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Ch'ing dynasty in the form of six private law codes based mainly on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of the split between Chiang Kai-shek's nationalists, who fled there, and Mao Zedong's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law, which essentially inflates administrative law at the expense of private law rights. Due to rapid industrialisation, today China is undergoing a process of reform, at least in terms of economic, if not social and political, rights. A new contract code in 1999 represented a move away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organisation.
The philosophy of law is commonly known as jurisprudence. Normative jurisprudence is essentially political philosophy, and asks "what should law be?", while analytic jurisprudence asks "what is law?". John Austin's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". Natural lawyers on the other side, such as Jean-Jacques Rousseau, argue that law reflects essentially moral and unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in entanglement with the notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas.
Hugo Grotius, the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature". Jeremy Bentham and his student Austin, following David Hume, believed that this conflated the "is" and what "ought to be" problem. Bentham and Austin argued for law's positivism; that real law is entirely separate from "morality". Kant was also criticised by Friedrich Nietzsche, who rejected the principle of equality, and believed that law emanates from the will to power, and cannot be labelled as "moral" or "immoral".
In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the ''Pure Theory of Law''. Kelsen believed that although law is separate from morality, it is endowed with "normativity"; meaning we ought to obey it. While laws are positive "is" statements (e.g. the fine for reversing on a highway ''is'' €500); law tells us what we "should" do. Thus, each legal system can be hypothesised to have a basic norm (''Grundnorm'') instructing us to obey. Kelsen's major opponent, Carl Schmitt, rejected both positivism and the idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception (state of emergency), which denied that legal norms could encompass of all political experience.
Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fictions in ''The Concept of Law''. Hart argued law is a system of rules, divided into primary (rules of conduct) and secondary ones (rules addressed to officials to administer primary rules). Secondary rules are further divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students continued the debate: In his book ''Law's Empire'', Ronald Dworkin attacked Hart and the positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an "interpretive concept", that requires judges to find the best fitting and most just solution to a legal dispute, given their constitutional traditions. Joseph Raz, on the other hand, defended the positivist outlook and criticised Hart's "soft social thesis" approach in ''The Authority of Law''. Raz argues that law is authority, identifiable purely through social sources and without reference to moral reasoning. In his view, any categorisation of rules beyond their role as authoritative instruments in mediation are best left to sociology, rather than jurisprudence.
In the 18th century Adam Smith presented a philosophical foundation for explaining the relationship between law and economics. The discipline arose partly out of a critique of trade unions and U.S. antitrust law. The most influential proponents, such as Richard Posner and Oliver Williamson and the so-called Chicago School of economists and lawyers including Milton Friedman and Gary Becker, are generally advocates of deregulation and privatisation, and are hostile to state regulation or what they see as restrictions on the operation of free markets.
The most prominent economic analyst of law is 1991 Nobel Prize winner Ronald Coase, whose first major article, ''The Nature of the Firm'' (1937), argued that the reason for the existence of firms (companies, partnerships, etc.) is the existence of transaction costs. Rational individuals trade through bilateral contracts on open markets until the costs of transactions mean that using corporations to produce things is more cost-effective. His second major article, ''The Problem of Social Cost'' (1960), argued that if we lived in a world without transaction costs, people would bargain with one another to create the same allocation of resources, regardless of the way a court might rule in property disputes. Coase used the example of a nuisance case named ''Sturges v Bridgman'', where a noisy sweetmaker and a quiet doctor were neighbours and went to court to see who should have to move. Coase said that regardless of whether the judge ruled that the sweetmaker had to stop using his machinery, or that the doctor had to put up with it, they could strike a mutually beneficial bargain about who moves house that reaches the same outcome of resource distribution. Only the existence of transaction costs may prevent this. So the law ought to pre-empt what ''would'' happen, and be guided by the most efficient solution. The idea is that law and regulation are not as important or effective at helping people as lawyers and government planners believe. Coase and others like him wanted a change of approach, to put the burden of proof for positive effects on a government that was intervening in the market, by analysing the costs of action.
Sociology of law is a diverse field of study that examines the interaction of law with society and overlaps with jurisprudence, economic analysis of law and more specialised subjects such as criminology. The institutions of social construction and legal frameworks are the relevant areas for the discipline's inquiry. At first, legal theorists were suspicious of the discipline. Kelsen attacked one of its founders, Eugen Ehrlich, who sought to make distinct the differences between positive law, which lawyers learn and apply, and other forms of 'law' or social norms that regulate everyday life, generally preventing conflicts from reaching lawyers and courts.
Around 1900 Max Weber defined his "scientific" approach to law, identifying the "legal rational form" as a type of domination, not attributable to people but to abstract norms. Legal rationalism was his term for a body of coherent and calculable law which formed a precondition for modern political developments and the modern bureaucratic state and developed in parallel with the growth of capitalism. Another sociologist, Émile Durkheim, wrote in ''The Division of Labour in Society'' that as society becomes more complex, the body of civil law concerned primarily with restitution and compensation grows at the expense of criminal laws and penal sanctions. Other notable early legal sociologists included Hugo Sinzheimer, Theodor Geiger, Georges Gurvitch and Leon Petrażycki in Europe, and William Graham Sumner in the U.S.
The main institutions of law in industrialised countries are independent courts, representative parliaments, an accountable executive, the military and police, bureaucratic organisation, the legal profession and civil society itself. John Locke, in his ''Two Treatises of Government'', and Baron de Montesquieu in ''The Spirit of the Laws'', advocated for a separation of powers between the political, legislature and executive bodies. Their principle was that no person should be able to usurp all powers of the state, in contrast to the absolutist theory of Thomas Hobbes' ''Leviathan''. Max Weber and others reshaped thinking on the extension of state. Modern military, policing and bureaucratic power over ordinary citizens' daily lives pose special problems for accountability that earlier writers such as Locke or Montesquieu could not have foreseen. The custom and practice of the legal profession is an important part of people's access to justice, whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law's political basis.
Some countries allow their highest judicial authority to overrule legislation they determine to be unconstitutional. For example, in ''Brown v. Board of Education'', the United States Supreme Court nullified many state statutes that had established racially segregated schools, finding such statutes to be incompatible with the Fourteenth Amendment to the United States Constitution.
A judiciary is theoretically bound by the constitution, just as all other government bodies are. In most countries judges may only interpret the constitution and all other laws. But in common law countries, where matters are not constitutional, the judiciary may also create law under the doctrine of precedent. The UK, Finland and New Zealand assert the ideal of parliamentary sovereignty, whereby the unelected judiciary may not overturn law passed by a democratic legislature. In communist states, such as China, the courts are often regarded as parts of the executive, or subservient to the legislature; governmental institutions and actors exert thus various forms of influence on the judiciary. In Muslim countries, courts often examine whether state laws adhere to the Sharia: the Supreme Constitutional Court of Egypt may invalidate such laws, and in Iran the Guardian Council ensures the compatibility of the legislation with the "criteria of Islam".
To pass legislation, a majority of the members of a legislature must vote for a bill (proposed law) in each house. Normally there will be several readings and amendments proposed by the different political factions. If a country has an entrenched constitution, a special majority for changes to the constitution may be required, making changes to the law more difficult. A government usually leads the process, which can be formed from Members of Parliament (e.g. the UK or Germany). However, in a presidential system, the government is usually formed by an executive and his or her appointed cabinet officials (e.g. the United States or Brazil).
Although the role of the executive varies from country to country, usually it will propose the majority of legislation, and propose government agenda. In presidential systems, the executive often has the power to veto legislation. Most executives in both systems are responsible for foreign relations, the military and police, and the bureaucracy. Ministers or other officials head a country's public offices, such as a foreign ministry or interior ministry. The election of a different executive is therefore capable of revolutionising an entire country's approach to government.
While military organizations have existed as long as government itself, the idea of a standing police force is relatively modern concept. For example, Mediæval England's system of traveling criminal courts, or assizes, used show trials and public executions to instill communities with fear to maintain control. The first modern police were probably those in 17th-century Paris, in the court of Louis XIV, although the Paris Prefecture of Police claim they were the world's first uniformed policemen.
Max Weber famously argued that the state is that which controls the legitimate monopoly of the means of violence. The military and police carry out enforcement at the request of the government or the courts. The term failed state refers to states that cannot implement or enforce policies; their police and military no longer control security and order and society moves into anarchy, the absence of government.
The etymology of "bureaucracy" derives from the French word for "office" (''bureau'') and the Ancient Greek for word "power" (''kratos''). Like the military and police, a legal system's government servants and bodies that make up its bureaucracy carry out the directives of the executive. One of the earliest references to the concept was made by Baron de Grimm, a German author who lived in France. In 1765 he wrote,
The real spirit of the laws in France is that bureaucracy of which the late Monsieur de Gournay used to complain so greatly; here the offices, clerks, secretaries, inspectors and ''intendants'' are not appointed to benefit the public interest, indeed the public interest appears to have been established so that offices might exist.
Cynicism over "officialdom" is still common, and the workings of public servants is typically contrasted to private enterprise motivated by profit. In fact private companies, especially large ones, also have bureaucracies. Negative perceptions of "red tape" aside, public services such as schooling, health care, policing or public transport are a crucial state function making public bureaucratic action the locus of government power. Writing in the early 20th century, Max Weber believed that a definitive feature of a developed state had come to be its bureaucratic support. Weber wrote that the typical characteristics of modern bureaucracy are that officials define its mission, the scope of work is bound by rules, management is composed of career experts, who manage top down, communicating through writing and binding public servants' discretion with rules.
A corollary of the rule of law is the existence of a legal profession sufficiently autonomous to be able to invoke the authority of the independent judiciary; the right to assistance of an advocate in a court proceeding emanates from this corollary—in England the function of barrister or advocate is distinguished from legal counselor (solicitor). As the European Court of Human Rights has stated, the law should be adequately accessible to everyone and people should be able to foresee how the law affects them. In order to maintain professionalism, the practice of law is typically overseen by either a government or independent regulating body such as a bar association, bar council or law society. Modern lawyers achieve distinct professional identity through specified legal procedures (e.g. successfully passing a qualifying examination), are required by law to have a special qualification (a legal education earning the student a Bachelor of Laws, a Bachelor of Civil Law or a Juris Doctor degree), and are constituted in office by legal forms of appointment (being admitted to the bar). Most Muslim countries have developed similar rules about legal education and the legal profession, but some still allow lawyers with training in traditional Islamic law to practice law before personal status law courts. In China and other developing countries there are not sufficient professionally-trained people to staff the existing judicial systems, and, accordingly, formal standards are more relaxed.
Once accredited, a lawyer will often work in a law firm, in a chambers as a sole practitioner, in a government post or in a private corporation as an internal counsel. In addition a lawyer may become a legal researcher who provides on-demand legal research through a library, a commercial service or through freelance work. Many people trained in law put their skills to use outside the legal field entirely. Significant to the practice of law in the common law tradition is the legal research to determine the current state of the law. This usually entails exploring case-law reports, legal periodicals and legislation. Law practice also involves drafting documents such as court pleadings, persuasive briefs, contracts, or wills and trusts. Negotiation and dispute resolution skills (including ADR techniques) are also important to legal practice, depending on the field.
Classical republican concept of "civil society" dates back to Hobbes and Locke. Locke saw civil society as people who have "a common established law and judicature to appeal to, with authority to decide controversies between them." German philosopher Georg Wilhelm Friedrich Hegel distinguished the "state" from "civil society" (''burgerliche Gesellschaft'') in ''Elements of the Philosophy of Right''. Hegel believed that civil society and the state were polar opposites, within the scheme of his dialectic theory of history. The modern dipole state–civil society was reproduced in the theories of Alexis de Tocqueville and Karl Marx. Nowadays in post-modern theory civil society is necessarily a source of law, by being the basis from which people form opinions and lobby for what they believe law should be. As Australian barrister and author Geoffrey Robertson QC wrote of international law,
... one of its primary modern sources is found in the responses of ordinary men and women, and of the non-governmental organizations which many of them support, to the human rights abuses they see on the television screen in their living rooms.
Freedom of speech, freedom of association and many other individual rights allow people to gather, discuss, criticise and hold to account their governments, from which the basis of a deliberative democracy is formed. The more people are involved with, concerned by and capable of changing how political power is exercised over their lives, the more acceptable and legitimate the law becomes to the people. The most familiar institutions of civil society include economic markets, profit-oriented firms, families, trade unions, hospitals, universities, schools, charities, debating clubs, non-governmental organisations, neighbourhoods, churches, and religious associations.
; Online sources:
Category:Social sciences Category:Humanities Category:Concepts
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Coordinates | 10°57′50″N74°47′47″N |
---|---|
Name | Barack Obama |
Alt | A portrait shot of Barack Obama, looking straight ahead. He has short black hair, and is wearing a dark navy blazer with a blue striped tie over a light blue collared shirt. In the background are two flags hanging from separate flagpoles: the American flag, and the flag of the Executive Office of the President. |
Office | 44th President of the United States |
Vicepresident | Joe Biden |
Term start | January 20, 2009 |
Predecessor | George W. Bush |
Jr/sr2 | United States Senate |
State2 | Illinois |
Term start2 | January 3, 2005 |
Term end2 | November 16, 2008 |
Predecessor2 | Peter Fitzgerald |
Successor2 | Roland Burris |
Office3 | Member of the Illinois Senate from the 13th District |
Term start3 | January 8, 1997 |
Term end3 | November 4, 2004 |
Predecessor3 | Alice Palmer |
Successor3 | Kwame Raoul |
Birth name | Barack Hussein Obama II |
Birth date | August 04, 1961 |
Birth place | Honolulu, Hawaii, U.S. |
Party | Democratic |
Spouse | Michelle Robinson (1992–present) |
Children | Malia (born 1998) Sasha (born 2001) |
Residence | White House (Official)Chicago, Illinois (Private) |
Alma mater | Occidental CollegeColumbia University (B.A.)Harvard Law School (J.D.) |
Profession | Community organizerLawyerConstitutional law professorAuthor |
Religion | Christianity |
Signature | Barack Obama signature.svg |
Signature alt | Barack Obama |
Website | barackobama.com |
Footnotes | }} |
Born in Honolulu, Hawaii, Obama is a graduate of Columbia University and Harvard Law School, where he was the president of the ''Harvard Law Review''. He was a community organizer in Chicago before earning his law degree. He worked as a civil rights attorney in Chicago and taught constitutional law at the University of Chicago Law School from 1992 to 2004. He served three terms representing the 13th District in the Illinois Senate from 1997 to 2004.
Following an unsuccessful bid against the Democratic incumbent for a seat in the United States House of Representatives in 2000, Obama ran for the United States Senate in 2004. Several events brought him to national attention during the campaign, including his victory in the March 2004 Illinois Democratic primary for the Senate election and his keynote address at the Democratic National Convention in July 2004. He won election to the U.S. Senate in Illinois in November 2004. His presidential campaign began in February 2007, and after a close campaign in the 2008 Democratic Party presidential primaries against Hillary Rodham Clinton, he won his party's nomination. In the 2008 presidential election, he defeated Republican nominee John McCain, and was inaugurated as president on January 20, 2009. In October 2009, Obama was named the 2009 Nobel Peace Prize laureate.
As president, Obama signed economic stimulus legislation in the form of the American Recovery and Reinvestment Act of 2009 and the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Other domestic policy initiatives include the Patient Protection and Affordable Care Act, the Dodd–Frank Wall Street Reform and Consumer Protection Act, the Don't Ask, Don't Tell Repeal Act of 2010 and the Budget Control Act of 2011. In foreign policy, he ended the war in Iraq, increased troop levels in Afghanistan, signed the New START arms control treaty with Russia, ordered US involvement in the 2011 Libya military intervention, and ordered the military operation that resulted in the death of Osama bin Laden. In April 2011, Obama declared his intention to seek re-election in the 2012 presidential election.
After her divorce, Dunham married Indonesian Lolo Soetoro, who was attending college in Hawaii. When Suharto, a military leader in Soetoro's home country, came to power in 1967, all Indonesian students studying abroad were recalled, and the family moved to the Menteng neighborhood of Jakarta. From ages six to ten, Obama attended local schools in Jakarta, including Besuki Public School and St. Francis of Assisi School.
In 1971, Obama returned to Honolulu to live with his maternal grandparents, Madelyn and Stanley Armour Dunham, and with the aid of a scholarship attended Punahou School, a private college preparatory school, from fifth grade until his graduation from high school in 1979. Obama's mother returned to Hawaii in 1972, remaining there until 1977 when she went back to Indonesia to work as an anthropological field worker. She finally returned to Hawaii in 1994 and lived there for one year before dying of ovarian cancer.
Of his early childhood, Obama recalled, "That my father looked nothing like the people around me—that he was black as pitch, my mother white as milk—barely registered in my mind." Reflecting later on his years in Honolulu, Obama wrote: "The opportunity that Hawaii offered—to experience a variety of cultures in a climate of mutual respect—became an integral part of my world view, and a basis for the values that I hold most dear." Obama has also written and talked about using alcohol, marijuana and cocaine during his teenage years to "push questions of who I was out of my mind." At the 2008 Civil Forum on the Presidency, Obama identified his high-school drug use as a great moral failure.
Following high school, Obama moved to Los Angeles in 1979 to attend Occidental College. In February 1981, he made his first public speech, calling for Occidental's disinvestment from South Africa due to its policy of apartheid. In mid-1981, Obama traveled to Indonesia to visit his mother and sister Maya, and visited the families of college friends in Pakistan and India for three weeks. Later in 1981, he transferred to Columbia University in New York City, where he majored in political science with a specialty in international relations and graduated with a Bachelor of Arts in 1983. He worked for a year at the Business International Corporation, then at the New York Public Interest Research Group.
In late 1988, Obama entered Harvard Law School. He was selected as an editor of the ''Harvard Law Review'' at the end of his first year, and president of the journal in his second year. As an editor, Obama delivered a Black History Minutes segment televised by TBS. During his summers, he returned to Chicago, where he worked as an associate at the law firms of Sidley Austin in 1989 and Hopkins & Sutter in 1990. After graduating with a J.D. ''magna cum laude'' from Harvard in 1991, he returned to Chicago. Obama's election as the first black president of the ''Harvard Law Review'' gained national media attention and led to a publishing contract and advance for a book about race relations, which evolved into a personal memoir. The manuscript was published in mid-1995 as ''Dreams from My Father''.
From April to October 1992, Obama directed Illinois's Project Vote, a voter registration drive with ten staffers and seven hundred volunteer registrars; it achieved its goal of registering 150,000 of 400,000 unregistered African Americans in the state, and led to ''Crain's Chicago Business'' naming Obama to its 1993 list of "40 under Forty" powers to be. In 1993 he joined Davis, Miner, Barnhill & Galland, a 13-attorney law firm specializing in civil rights litigation and neighborhood economic development, where he was an associate for three years from 1993 to 1996, then of counsel from 1996 to 2004, with his law license becoming inactive in 2002.
From 1994 to 2002, Obama served on the boards of directors of the Woods Fund of Chicago, which in 1985 had been the first foundation to fund the Developing Communities Project; and of the Joyce Foundation. Once elected, Obama gained bipartisan support for legislation reforming ethics and health care laws. He sponsored a law increasing tax credits for low-income workers, negotiated welfare reform, and promoted increased subsidies for childcare. In 2001, as co-chairman of the bipartisan Joint Committee on Administrative Rules, Obama supported Republican Governor Ryan's payday loan regulations and predatory mortgage lending regulations aimed at averting home foreclosures.
Obama was reelected to the Illinois Senate in 1998, defeating Republican Yesse Yehudah in the general election, and was reelected again in 2002. In 2000, he lost a Democratic primary run for the U.S. House of Representatives to four-term incumbent Bobby Rush by a margin of two to one.
In January 2003, Obama became chairman of the Illinois Senate's Health and Human Services Committee when Democrats, after a decade in the minority, regained a majority. He sponsored and led unanimous, bipartisan passage of legislation to monitor racial profiling by requiring police to record the race of drivers they detained, and legislation making Illinois the first state to mandate videotaping of homicide interrogations. During his 2004 general election campaign for U.S. Senate, police representatives credited Obama for his active engagement with police organizations in enacting death penalty reforms. Obama resigned from the Illinois Senate in November 2004 following his election to the U.S. Senate.
Obama was an early opponent of the George W. Bush administration's 2003 invasion of Iraq. On October 2, 2002, the day President Bush and Congress agreed on the joint resolution authorizing the Iraq War, Obama addressed the first high-profile Chicago anti-Iraq War rally, and spoke out against the war. He addressed another anti-war rally in March 2003 and told the crowd that "it's not too late" to stop the war.
Decisions by Republican incumbent Peter Fitzgerald and his Democratic predecessor Carol Moseley Braun to not participate in the election resulted in wide-open Democratic and Republican primary contests involving fifteen candidates. In the March 2004 primary election, Obama won in an unexpected landslide—which overnight made him a rising star within the national Democratic Party, started speculation about a presidential future, and led to the reissue of his memoir, ''Dreams from My Father''. In July 2004, Obama delivered the keynote address at the 2004 Democratic National Convention, seen by 9.1 million viewers. His speech was well received and elevated his status within the Democratic Party.
Obama's expected opponent in the general election, Republican primary winner Jack Ryan, withdrew from the race in June 2004. Six weeks later, Alan Keyes accepted the Republican nomination to replace Ryan. In the November 2004 general election, Obama won with 70 percent of the vote.
Obama was sworn in as a senator on January 3, 2005, becoming the only Senate member of the Congressional Black Caucus. ''CQ Weekly'' characterized him as a "loyal Democrat" based on analysis of all Senate votes in 2005–2007. Obama announced on November 13, 2008, that he would resign his Senate seat on November 16, 2008, before the start of the lame-duck session, to focus on his transition period for the presidency.
Obama sponsored legislation that would have required nuclear plant owners to notify state and local authorities of radioactive leaks, but the bill failed to pass in the full Senate after being heavily modified in committee. Regarding tort reform, Obama voted for the Class Action Fairness Act of 2005 and the FISA Amendments Act of 2008, which grants immunity from civil liability to telecommunications companies complicit with NSA warrantless wiretapping operations.
In December 2006, President Bush signed into law the Democratic Republic of the Congo Relief, Security, and Democracy Promotion Act, marking the first federal legislation to be enacted with Obama as its primary sponsor. In January 2007, Obama and Senator Feingold introduced a corporate jet provision to the Honest Leadership and Open Government Act, which was signed into law in September 2007. Obama also introduced Deceptive Practices and Voter Intimidation Prevention Act, a bill to criminalize deceptive practices in federal elections, and the Iraq War De-Escalation Act of 2007, neither of which has been signed into law.
Later in 2007, Obama sponsored an amendment to the Defense Authorization Act adding safeguards for personality-disorder military discharges. This amendment passed the full Senate in the spring of 2008. He sponsored the Iran Sanctions Enabling Act supporting divestment of state pension funds from Iran's oil and gas industry, which has not passed committee; and co-sponsored legislation to reduce risks of nuclear terrorism. Obama also sponsored a Senate amendment to the State Children's Health Insurance Program, providing one year of job protection for family members caring for soldiers with combat-related injuries.
A large number of candidates entered the Democratic Party presidential primaries. The field narrowed to a duel between Obama and Senator Hillary Rodham Clinton after early contests, with the race remaining close throughout the primary process but with Obama gaining a steady lead in pledged delegates due to better long-range planning, superior fundraising, dominant organizing in caucus states, and better exploitation of delegate allocation rules. On June 7, 2008, Clinton ended her campaign and endorsed Obama.
On August 23, Obama announced his selection of Delaware Senator Joe Biden as his vice presidential running mate. Biden was selected from a field speculated to include former Indiana Governor and Senator Evan Bayh and Virginia Governor Tim Kaine. At the Democratic National Convention in Denver, Colorado, Hillary Clinton called for her supporters to endorse Obama, and she and Bill Clinton gave convention speeches in his support. Obama delivered his acceptance speech, not at the center where the Democratic National Convention was held, but at Invesco Field at Mile High to a crowd of over 75,000; the speech was viewed by over 38 million people worldwide.
During both the primary process and the general election, Obama's campaign set numerous fundraising records, particularly in the quantity of small donations. On June 19, 2008, Obama became the first major-party presidential candidate to turn down public financing in the general election since the system was created in 1976.
McCain was nominated as the Republican candidate and the two engaged in three presidential debates in September and October 2008. On November 4, Obama won the presidency with 365 electoral votes to 173 received by McCain. Obama won 52.9 percent of the popular vote to McCain's 45.7 percent. He became the first African American to be elected president. Obama delivered his victory speech before hundreds of thousands of supporters in Chicago's Grant Park.
Obama appointed two women to serve on the Supreme Court in the first two years of his Presidency. Sonia Sotomayor, nominated by Obama on May 26, 2009, to replace retiring Associate Justice David Souter, was confirmed on August 6, 2009, becoming the first Hispanic to be a Supreme Court Justice. Elena Kagan, nominated by Obama on May 10, 2010, to replace retiring Associate Justice John Paul Stevens, was confirmed on August 5, 2010, bringing the number of women sitting simultaneously on the Court to three, for the first time in American history.
On September 30, 2009, the Obama administration proposed new regulations on power plants, factories and oil refineries in an attempt to limit greenhouse gas emissions and to curb global warming.
On October 8, 2009, Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, a measure that expands the 1969 United States federal hate-crime law to include crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability.
On March 30, 2010, Obama signed the Health Care and Education Reconciliation Act, a reconciliation bill which ends the process of the federal government giving subsidies to private banks to give out federally insured loans, increases the Pell Grant scholarship award, and makes changes to the Patient Protection and Affordable Care Act.
In a major space policy speech in April 2010, Obama announced a planned change in direction at NASA, the U.S. space agency. He ended plans for a return of human spaceflight to the moon and ended development of the Ares I rocket, Ares V rocket and Constellation program. He is focusing funding (which is expected to rise modestly) on Earth science projects and a new rocket type, as well as research and development for an eventual manned mission to Mars. Missions to the International Space Station are expected to continue until 2020.
On December 22, 2010, Obama signed the Don't Ask, Don't Tell Repeal Act of 2010, a bill that provides for repeal of the Don't ask, don't tell policy of 1993 that has prevented gay and lesbian people from serving openly in the United States Armed Forces. Repealing "Don't ask, don't tell" had been a key campaign promise that Obama had made during the 2008 presidential campaign.
On January 25, 2011, in his 2011 State of the Union Address, President Obama focused strongly on the themes of education and innovation, stressing the importance of innovation economics in working to make the United States more competitive globally. Among other plans and goals, Obama spoke of enacting a five-year freeze in domestic spending, eliminating tax breaks for oil companies and tax cuts for the wealthiest two percent of Americans, banning congressional earmarks, and reducing healthcare costs. Looking to the future, Obama promised that by 2015, the United States would have one million electric vehicles on the road and by 2035, clean-energy sources would be providing 80 percent of U.S. electricity.
In March, Obama's Treasury Secretary, Timothy Geithner, took further steps to manage the financial crisis, including introducing the Public-Private Investment Program for Legacy Assets, which contains provisions for buying up to $2 trillion in depreciated real estate assets. Obama intervened in the troubled automotive industry in March 2009, renewing loans for General Motors and Chrysler to continue operations while reorganizing. Over the following months the White House set terms for both firms' bankruptcies, including the sale of Chrysler to Italian automaker Fiat and a reorganization of GM giving the U.S. government a temporary 60 percent equity stake in the company, with the Canadian government shouldering a 12 percent stake. In June 2009, dissatisfied with the pace of economic stimulus, Obama called on his cabinet to accelerate the investment. He signed into law the Car Allowance Rebate System, known colloquially as "Cash for Clunkers", that temporarily boosted the economy.
Although spending and loan guarantees from the Federal Reserve and the Treasury Department authorized by the Bush and Obama administrations totaled about $11.5 trillion, only $3 trillion had been spent by the end of November 2009. However, Obama and the Congressional Budget Office predicted that the 2010 budget deficit will be $1.5 trillion or 10.6 percent of the nation's gross domestic product (GDP) compared to the 2009 deficit of $1.4 trillion or 9.9 percent of GDP. For 2011, the administration predicted the deficit will slightly shrink to $1.34 trillion, while the 10-year deficit will increase to $8.53 trillion or 90 percent of GDP. The most recent increase in the U.S. debt ceiling to $14.3 trillion was signed into law on February 12, 2010. On August 2, 2011, after a lengthy congressional debate over whether to raise the nation's debt limit, Obama signed the bipartisan Budget Control Act of 2011. The legislation enforces limits on discretionary spending until 2021, establishes a procedure to increase the debt limit, creates a Congressional Joint Select Committee on Deficit Reduction to propose further deficit reduction with a stated goal of achieving at least $1.5 trillion in budgetary savings over 10 years, and establishes automatic procedures for reducing spending by as much as $1.2 trillion if legislation originating with the new joint select committee does not achieve such savings. By passing the legislation, Congress was able to prevent an unprecedented U.S. government default on its obligations.
The unemployment rate rose in 2009, reaching a peak in October at 10.1 percent and averaging 10.0 percent in the fourth quarter. Following a decrease to 9.7 percent in the first quarter of 2010, the unemployment rate fell to 9.6 percent in the second quarter, where it remained for the rest of the year. Between February and December 2010, employment rose by 0.8 percent, which was less than the average of 1.9 percent experienced during comparable periods in the past four employment recoveries. GDP growth returned in the third quarter of 2009, expanding at a rate of 1.6 percent, followed by a 5.0 percent increase in the fourth quarter. Growth continued in 2010, posting an increase of 3.7 percent in the first quarter, with lesser gains throughout the rest of the year. In July 2010, the Federal Reserve expressed that although economic activity continued to increase, its pace had slowed, and Chairman Ben Bernanke stated that the economic outlook was "unusually uncertain." Overall, the economy expanded at a rate of 2.9 percent in 2010.
The Congressional Budget Office and a broad range of economists credit Obama's stimulus plan for economic growth. The CBO released a report stating that the stimulus bill increased employment by 1–2.1 million, while conceding that "It is impossible to determine how many of the reported jobs would have existed in the absence of the stimulus package." Although an April 2010 survey of members of the National Association for Business Economics showed an increase in job creation (over a similar January survey) for the first time in two years, 73 percent of 68 respondents believed that the stimulus bill has had no impact on employment.
Within a month of the 2010 midterm elections, Obama announced a compromise deal with the Congressional Republican leadership that included a temporary, two-year extension of the 2001 and 2003 income tax rates, a one-year payroll tax reduction, continuation of unemployment benefits, and a new rate and exemption amount for estate taxes. The compromise overcame opposition from some in both parties, and the resulting $858 billion Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 passed with bipartisan majorities in both houses of Congress before Obama signed it on December 17, 2010.
Obama called for Congress to pass legislation reforming health care in the United States, a key campaign promise and a top legislative goal. He proposed an expansion of health insurance coverage to cover the uninsured, to cap premium increases, and to allow people to retain their coverage when they leave or change jobs. His proposal was to spend $900 billion over 10 years and include a government insurance plan, also known as the public option, to compete with the corporate insurance sector as a main component to lowering costs and improving quality of health care. It would also make it illegal for insurers to drop sick people or deny them coverage for pre-existing conditions, and require every American carry health coverage. The plan also includes medical spending cuts and taxes on insurance companies that offer expensive plans.
On July 14, 2009, House Democratic leaders introduced a 1,017-page plan for overhauling the U.S. health care system, which Obama wanted Congress to approve by the end of 2009. After much public debate during the Congressional summer recess of 2009, Obama delivered a speech to a joint session of Congress on September 9 where he addressed concerns over the proposals. In March 2009, Obama lifted a ban on stem cell research.
On November 7, 2009, a health care bill featuring the public option was passed in the House. On December 24, 2009, the Senate passed its own bill—without a public option—on a party-line vote of 60–39. On March 21, 2010, the Patient Protection and Affordable Care Act passed by the Senate in December was passed in the House by a vote of 219 to 212. Obama signed the bill into law on March 23, 2010.
The Patient Protection and Affordable Care Act includes health-related provisions to take effect over four years, including expanding Medicaid eligibility for people making up to 133 percent of the federal poverty level (FPL) starting in 2014, subsidizing insurance premiums for people making up to 400 percent of the FPL ($88,000 for family of four in 2010) so their maximum "out-of-pocket" payment for annual premiums will be from 2 to 9.5 percent of income, providing incentives for businesses to provide health care benefits, prohibiting denial of coverage and denial of claims based on pre-existing conditions, establishing health insurance exchanges, prohibiting annual coverage caps, and support for medical research. According to White House and Congressional Budget Office figures, the maximum share of income that enrollees would have to pay would vary depending on their income relative to the federal poverty level.
The costs of these provisions are offset by taxes, fees, and cost-saving measures, such as new Medicare taxes for those in high-income brackets, taxes on indoor tanning, cuts to the Medicare Advantage program in favor of traditional Medicare, and fees on medical devices and pharmaceutical companies; there is also a tax penalty for those who do not obtain health insurance, unless they are exempt due to low income or other reasons. The Congressional Budget Office estimates that the net effect of both laws will be a reduction in the federal deficit by $143 billion over the first decade.
On March 19, Obama continued his outreach to the Muslim world, releasing a New Year's video message to the people and government of Iran. This attempt at outreach was rebuffed by the Iranian leadership. In April, Obama gave a speech in Ankara, Turkey, which was well received by many Arab governments. On June 4, 2009, Obama delivered a speech at Cairo University in Egypt calling for "a new beginning" in relations between the Islamic world and the United States and promoting Middle East peace.
On June 26, 2009, in response to the Iranian government's actions towards protesters following Iran's 2009 presidential election, Obama said: "The violence perpetrated against them is outrageous. We see it and we condemn it." On July 7, while in Moscow, he responded to a Vice President Biden comment on a possible Israeli military strike on Iran by saying: "We have said directly to the Israelis that it is important to try and resolve this in an international setting in a way that does not create major conflict in the Middle East."
On September 24, 2009, Obama became the first sitting U.S. president to preside over a meeting of the United Nations Security Council.
In March 2010, Obama took a public stance against plans by the government of Israeli Prime Minister Benjamin Netanyahu to continue building Jewish housing projects in predominantly Arab neighborhoods of East Jerusalem. During the same month, an agreement was reached with the administration of Russian President Dmitry Medvedev to replace the 1991 Strategic Arms Reduction Treaty with a new pact reducing the number of long-range nuclear weapons in the arsenals of both countries by about one-third. The New START treaty was signed by Obama and Medvedev in April 2010, and was ratified by the U.S. Senate in December 2010.
Early in his presidency, Obama moved to bolster U.S. troop strength in Afghanistan. He announced an increase to U.S. troop levels of 17,000 in February 2009 to "stabilize a deteriorating situation in Afghanistan", an area he said had not received the "strategic attention, direction and resources it urgently requires". He replaced the military commander in Afghanistan, General David D. McKiernan, with former Special Forces commander Lt. Gen. Stanley A. McChrystal in May 2009, indicating that McChrystal's Special Forces experience would facilitate the use of counterinsurgency tactics in the war. On December 1, 2009, Obama announced the deployment of an additional 30,000 military personnel to Afghanistan. He also proposed to begin troop withdrawals 18 months from that date. McChrystal was replaced by David Petraeus in June 2010, after McChrystal's staff criticized White House personnel in a magazine article.
In 2011, Obama's Ambassador to the United Nations vetoed a resolution condemning Israeli settlements, with the U.S. the only nation on the Security Council doing so. Obama supports the two-state solution to the Arab-Israeli conflict based on the 1967 borders with land swaps.
In March 2011, as forces loyal to Muammar Gaddafi advanced on rebels across Libya, calls for a no-fly zone came from around the world, including Europe, the Arab League, and a resolution passed unanimously by the U.S. Senate. In response to the unanimous passage of United Nations Security Council Resolution 1973 on March 17, Gaddafi who had previously vowed to "show no mercy" to the citizens of Benghazi—announced an immediate cessation of military activities, yet reports came in that his forces continued shelling Misrata. The next day, on Obama's orders, the U.S. military took a lead role in air strikes to destroy the Libyan government's air defense capabilities in order to protect civilians and enforce a no-fly-zone, including the use of Tomahawk missiles, B-2 Spirits, and fighter jets. Six days later, on March 25, by unanimous vote of all of its 28 members, NATO took over leadership of the effort, dubbed Operation Unified Protector. Some Representatives questioned whether Obama had the constitutional authority to order military action in addition to questioning its cost, structure and aftermath.
|filename=050111 Osama Bin Laden Death Statement audioonly.ogg |title=President Obama announces the death of Osama bin Laden on May 1, 2011. |description= }}
Starting with information received in July 2010, intelligence developed by the CIA over the next several months determined what they believed to be the location of Osama bin Laden in a large compound in Abbottabad, Pakistan, a suburban area 35 miles from Islamabad. CIA head Leon Panetta reported this intelligence to President Obama in March 2011. Meeting with his national security advisers over the course of the next six weeks, Obama rejected a plan to bomb the compound, and authorized a "surgical raid" to be conducted by United States Navy SEALs. The operation took place on May 1, 2011, resulting in the death of bin Laden and the seizure of papers and computer drives and disks from the compound. Bin Laden's body was identified through DNA testing, and buried at sea several hours later. Within minutes of the President's announcement from Washington, DC, late in the evening on May 1, there were spontaneous celebrations around the country as crowds gathered outside the White House, and at New York City's Ground Zero and Times Square. Reaction to the announcement was positive across party lines, including from former Presidents Bill Clinton and George W. Bush, and from many countries around the world.
Obama is frequently referred to as an exceptional orator. During his pre-inauguration transition period and continuing into his presidency, Obama has delivered a series of weekly Internet video addresses.
According to the Gallup Organization, Obama began his presidency with a 68 percent approval rating before gradually declining for the rest of the year, and eventually bottoming out at 41 percent in August 2010, a trend similar to Ronald Reagan's and Bill Clinton's first years in office. He experienced a small poll bounce shortly after the death of Osama bin Laden, which lasted until around June 2011, when his approval numbers dropped back to where they were prior to the operation. Polls show strong support for Obama in other countries, and before being elected President he has met with prominent foreign figures including then-British Prime Minister Tony Blair, Italy's Democratic Party leader and then Mayor of Rome Walter Veltroni, and French President Nicolas Sarkozy.
In a February 2009 poll conducted by Harris Interactive for France 24 and the ''International Herald Tribune'', Obama was rated as the most respected world leader, as well as the most powerful. In a similar poll conducted by Harris in May 2009, Obama was rated as the most popular world leader, as well as the one figure most people would pin their hopes on for pulling the world out of the economic downturn.
Obama won Best Spoken Word Album Grammy Awards for abridged audiobook versions of ''Dreams from My Father'' in February 2006 and for ''The Audacity of Hope'' in February 2008. His concession speech after the New Hampshire primary was set to music by independent artists as the music video "Yes We Can", which was viewed 10 million times on YouTube in its first month and received a Daytime Emmy Award. In December 2008, ''Time'' magazine named Obama as its Person of the Year for his historic candidacy and election, which it described as "the steady march of seemingly impossible accomplishments".
On October 9, 2009, the Norwegian Nobel Committee announced that Obama had won the 2009 Nobel Peace Prize "for his extraordinary efforts to strengthen international diplomacy and cooperation between peoples". Obama accepted this award in Oslo, Norway on December 10, 2009, with "deep gratitude and great humility." The award drew a mixture of praise and criticism from world leaders and media figures. Obama is the fourth U.S. president to be awarded the Nobel Peace Prize and the third to become a Nobel laureate while in office.
In a 2006 interview, Obama highlighted the diversity of his extended family: "It's like a little mini-United Nations", he said. "I've got relatives who look like Bernie Mac, and I've got relatives who look like Margaret Thatcher." Obama has a half-sister with whom he was raised, Maya Soetoro-Ng, the daughter of his mother and her Indonesian second husband and seven half-siblings from his Kenyan father's family – six of them living. Obama's mother was survived by her Kansas-born mother, Madelyn Dunham, until her death on November 2, 2008, two days before his election to the Presidency. Obama also has roots in Ireland; he met with his Irish cousins in Moneygall in May 2011. In ''Dreams from My Father'', Obama ties his mother's family history to possible Native American ancestors and distant relatives of Jefferson Davis, President of the Confederate States of America during the American Civil War.
Obama was known as "Barry" in his youth, but asked to be addressed with his given name during his college years. Besides his native English, Obama speaks Indonesian at the conversational level, which he learned during his four childhood years in Jakarta. He plays basketball, a sport he participated in as a member of his high school's varsity team.
Obama is a well known supporter of the Chicago White Sox, and threw out the first pitch at the 2005 ALCS when he was still a senator. In 2009, he threw out the ceremonial first pitch at the all star game while wearing a White Sox jacket. He is also primarily a Chicago Bears fan in the NFL, but in his childhood and adolesence was a fan of the Pittsburgh Steelers, and recently rooted for them ahead of their victory in Super Bowl XLIII 12 days after Obama took office as President.
In June 1989, Obama met Michelle Robinson when he was employed as a summer associate at the Chicago law firm of Sidley Austin. Assigned for three months as Obama's adviser at the firm, Robinson joined him at group social functions, but declined his initial requests to date. They began dating later that summer, became engaged in 1991, and were married on October 3, 1992. The couple's first daughter, Malia Ann, was born on July 4, 1998, followed by a second daughter, Natasha ("Sasha"), on June 10, 2001. The Obama daughters attended the private University of Chicago Laboratory Schools. When they moved to Washington, D.C., in January 2009, the girls started at the private Sidwell Friends School. The Obamas have a Portuguese Water Dog named Bo, a gift from Senator Ted Kennedy.
Applying the proceeds of a book deal, the family moved in 2005 from a Hyde Park, Chicago condominium to a $1.6 million house in neighboring Kenwood, Chicago. The purchase of an adjacent lot—and sale of part of it to Obama by the wife of developer, campaign donor and friend Tony Rezko—attracted media attention because of Rezko's subsequent indictment and conviction on political corruption charges that were unrelated to Obama.
In December 2007, ''Money'' magazine estimated the Obama family's net worth at $1.3 million. Their 2009 tax return showed a household income of $5.5 million—up from about $4.2 million in 2007 and $1.6 million in 2005—mostly from sales of his books. On his 2010 income of $1.7 million, he gave 14 percent to non-profit organizations, including $131,000 to Fisher House Foundation, a charity assisting wounded veterans' families, allowing them to reside near where the veteran is receiving medical treatments.
Obama tried to quit smoking several times, sometimes using nicotine replacement therapy, and, in early 2010, Michelle Obama said that he had successfully quit smoking.
In an interview with the evangelical periodical ''Christianity Today'', Obama stated: "I am a Christian, and I am a devout Christian. I believe in the redemptive death and resurrection of Jesus Christ. I believe that that faith gives me a path to be cleansed of sin and have eternal life."
On September 27, 2010, Obama released a statement commenting on his religious views saying "I'm a Christian by choice. My family didn't—frankly, they weren't folks who went to church every week. And my mother was one of the most spiritual people I knew, but she didn't raise me in the church. So I came to my Christian faith later in life, and it was because the precepts of Jesus Christ spoke to me in terms of the kind of life that I would want to lead—being my brothers' and sisters' keeper, treating others as they would treat me."
Obama was baptized at the Trinity United Church of Christ, a black liberation church, in 1988, and was an active member there for two decades. Obama resigned from Trinity during the Presidential campaign after controversial statements made by Rev. Jeremiah Wright became public. After a prolonged effort to find a church to attend regularly in Washington, Obama announced in June 2009 that his primary place of worship would be the Evergreen Chapel at Camp David.
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Coordinates | 10°57′50″N74°47′47″N |
---|---|
name | The Rule |
background | group_or_band |
origin | Minnesota, United States |
genre | pop, R&B;, reggae |
label | R, R, & R Records |
website | therulemusic.com |
current members | Ryan LiestmanJeff LoveShawn Connelly |
past members | Gregory Washington |
notable instruments | }} |
The Rule (formerly Ry and the Rule) is an American pop/R&B; band, led by Ryan Liestman (keyboardist for the Jonas Brothers). The group released its first album, the self-titled ''The Rule'' in the summer of 2006, under the indie label R, R, & R Records. Michael Bland, Tommy Barbarella, and Stokley Williams have also performed with The Rule.
In the fall of 2006, The Rule toured the United States with American, Grammy Award-winning singer Cyndi Lauper.
Category:American rhythm and blues musical groups Category:Musical groups from Minnesota
es:The Rule
This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
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