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A book (also known as book award) is an award given by many law schools in the United States to the student in each class who achieves the highest grade in that class. Referring to the recipient of a book award, a law school student might say, for example, "X booked Torts." Some law schools have named their awards after distinguished alumnus; the University of California, Berkeley School of Law, awards the American Jurisprudence Award to the highest-scoring student in each class, and the Prosser Prize, named after William Prosser, to the second-highest-scoring. Some schools have allowed donors to sponsor book awards as a method of fundraising.^[1]

References[link]

1. ^ http://law.vanderbilt.edu/alumni/make-a-gift/book-awards/index.aspx

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A book is a set of written, printed, illustrated, or blank sheets, made of ink, paper, parchment, or other materials, usually fastened together to hinge at one side. A single sheet within a book is called a leaf, and each side of a leaf is called a page. A book produced in electronic format is known as an electronic book (e-book).

Books may also refer to works of literature, or a main division of such a work. In library and information science, a book is called a monograph, to distinguish it from serial periodicals such as magazines, journals or newspapers. The body of all written works including books is literature. In novels and sometimes other types of books (for example, biographies), a book may be divided into several large sections, also called books (Book 1, Book 2, Book 3, and so on). A lover of books is usually referred to as a bibliophile or, more informally, a bookworm.

A store where books are bought and sold is a bookstore or bookshop. Books can also be borrowed from libraries. In 2010, Google estimated that since the invention of printing, approximately 130,000,000 unique titles had been published.^[1]

Etymology[link]

The word comes from Old English "bōc" which (itself) comes from the Germanic root "*bōk-", cognate to beech.^[2] Similarly, in Slavic languages (for example, Russian, Bulgarian) "буква" (bukva—"letter") is cognate with "beech". In Russian and in Serbian, another Slavic language, the words "букварь" (bukvar') and "буквар" (bukvar), respectively, refer specifically to a primary school textbook that helps young children master the techniques of reading and writing.

It is thus conjectured that the earliest Indo-European writings may have been carved on beech wood.^[3] Similarly, the Latin word codex, meaning a book in the modern sense (bound and with separate leaves), originally meant "block of wood".

History of books[link]

Antiquity[link]

Sumerian language cuneiform script clay tablet, 2400–2200 BC

When writing systems were invented/created in ancient civilizations, nearly everything that could be written upon—stone, clay, tree bark, metal sheets—was used for writing.The study of such inscriptions forms a major part of history.The study of inscriptions is known as epigraphy. Alphabetic writing emerged in Egypt about 5,000 years ago. The Ancient Egyptians would often write on papyrus, a plant grown along the Nile River. At first the words were not separated from each other (scriptural continua) and there was no punctuation. Texts were written from right to left, left to right, and even so that alternate lines read in opposite directions. The technical term for this type of writing is 'boustrophedon,' which means literally 'ox-turning' for the way a farmer drives an ox to plough his fields.

Tablet[link]

A tablet might be defined as a physically robust writing medium, suitable for casual transport and writing. See also stylus.

Clay tablets were just what they sound like: flattened and mostly dry pieces of clay that could be easily carried, and impressed with a ( possible dampened) stylus. They were used as a writing medium, especially for writing in cuneiform, throughout the Bronze Age and well into the Iron Age.

Wax tablets were wooden planks covered in a thick enough coating of wax to record the impressions of a stylus. They were the normal writing material in schools, in accounting, and for taking notes. They had the advantage of being reusable: the wax could be melted, and reformed into a blank. The custom of binding several wax tablets together (Roman pugillares) is a possible precursor for modern books (i.e. codex).^[4] The etymology of the word codex (block of wood) also suggests that it may have developed from wooden wax tablets.^[5]

Scroll[link]

Egyptian papyrus showing the god Osiris and the weighing of the heart.

Papyrus, a thick paper-like material made by weaving the stems of the papyrus plant, then pounding the woven sheet with a hammer-like tool, was used for writing in Ancient Egypt, perhaps as early as the First Dynasty, although the first evidence is from the account books of King Nefertiti Kakai of the Fifth Dynasty (about 2400 BC).^[6] Papyrus sheets were glued together to form a scroll. Tree bark such as lime and other materials were also used.^[7]

According to Herodotus (History 5:58), the Phoenicians brought writing and papyrus to Greece around the 10th or 9th century BC. The Greek word for papyrus as writing material (biblion) and book (biblos) come from the Phoenician port town Byblos, through which papyrus was exported to Greece.^[8] From Greek we also derive the word tome (Greek: τόμος), which originally meant a slice or piece and from there began to denote "a roll of papyrus". Tomus was used by the Latins with exactly the same meaning as volumen (see also below the explanation by Isidore of Seville).

Whether made from papyrus, parchment, or paper, scrolls were the dominant form of book in the Hellenistic, Roman, Chinese, and Hebrew cultures. The more modern codex book format form took over the Roman world by late antiquity, but the scroll format persisted much longer in Asia.

Codex[link]

A Chinese bamboo book meets the modern definition of Codex

In the 5th century, Isidore of Seville explained the then-current relation between codex, book and scroll in his Etymologiae (VI.13): "A codex is composed of many books; a book is of one scroll. It is called codex by way of metaphor from the trunks (codex) of trees or vines, as if it were a wooden stock, because it contains in itself a multitude of books, as it were of branches." Modern usage differs.

A codex (in modern usage) is the first information repository that modern people would recognize as a "book": leaves of uniform size bound in some manner along one edge, and typically held between two covers made of some more robust material. The first written mention of the codex as a form of book is from Martial, in his Apophoreta CLXXXIV at the end of the century, where he praises its compactness. However, the codex never gained much popularity in the pagan Hellenistic world, and only within the Christian community did it gain widespread use.^[9] This change happened gradually during the 3rd and 4th centuries, and the reasons for adopting the codex form of the book are several: the format is more economical, as both sides of the writing material can be used; and it is portable, searchable, and easy to conceal. The Christian authors may also have wanted to distinguish their writings from the pagan texts written on scrolls.

Middle Ages[link]

Manuscripts[link]

Folio 14 recto of the 5th century Vergilius Romanus contains an author portrait of Virgil. Note the bookcase (capsa), reading stand and the text written without word spacing in rustic capitals.

The fall of the Roman Empire in the 5th century A.D. saw the decline of the culture of ancient Rome. Papyrus became difficult to obtain due to lack of contact with Egypt, and parchment, which had been used for centuries, became the main writing material.

Monasteries carried on the Latin writing tradition in the Western Roman Empire. Cassiodorus, in the monastery of Vivarium (established around 540), stressed the importance of copying texts.^[10] St. Benedict of Nursia, in his Regula Monachorum (completed around the middle of the 6th century) later also promoted reading.^[11] The Rule of St. Benedict (Ch. XLVIII), which set aside certain times for reading, greatly influenced the monastic culture of the Middle Ages and is one of the reasons why the clergy were the predominant readers of books. The tradition and style of the Roman Empire still dominated, but slowly the peculiar medieval book culture emerged.

Before the invention and adoption of the printing press, almost all books were copied by hand, which made books expensive and comparatively rare. Smaller monasteries usually had only a few dozen books, medium-sized perhaps a few hundred. By the 9th century, larger collections held around 500 volumes and even at the end of the Middle Ages, the papal library in Avignon and Paris library of Sorbonne held only around 2,000 volumes.^[12]

Burgundian author and scribe Jean Miélot, from his Miracles de Notre Dame, 15th century.

The scriptorium of the monastery was usually located over the chapter house. Artificial light was forbidden for fear it may damage the manuscripts. There were five types of scribes:

• Calligraphers, who dealt in fine book production
• Copyists, who dealt with basic production and correspondence
• Correctors, who collated and compared a finished book with the manuscript from which it had been produced
• Illuminators, who painted illustrations
• Rubricators, who painted in the red letters

The bookmaking process was long and laborious. The parchment had to be prepared, then the unbound pages were planned and ruled with a blunt tool or lead, after which the text was written by the scribe, who usually left blank areas for illustration and rubrication. Finally, the book was bound by the bookbinder.^[13]

Desk with chained books in the Library of Cesena, Italy.

Different types of ink were known in antiquity, usually prepared from soot and gum, and later also from gall nuts and iron vitriol. This gave writing a brownish black color, but black or brown were not the only colors used. There are texts written in red or even gold, and different colors were used for illumination. For very luxurious manuscripts the whole parchment was colored purple, and the text was written on it with gold or silver (for example, Codex Argenteus).^[14]

Irish monks introduced spacing between words in the 7th century. This facilitated reading, as these monks tended to be less familiar with Latin. However, the use of spaces between words did not become commonplace before the 12th century. It has been argued that the use of spacing between words shows the transition from semi-vocalized reading into silent reading.^[15]

The first books used parchment or vellum (calf skin) for the pages. The book covers were made of wood and covered with leather. Because dried parchment tends to assume the form it had before processing, the books were fitted with clasps or straps. During the later Middle Ages, when public libraries appeared, up to 18th century, books were often chained to a bookshelf or a desk to prevent theft. These chained books are called libri catenati.

At first, books were copied mostly in monasteries, one at a time. With the rise of universities in the 13th century, the Manuscript culture of the time led to an increase in the demand for books, and a new system for copying books appeared. The books were divided into unbound leaves (pecia), which were lent out to different copyists, so the speed of book production was considerably increased. The system was maintained by secular stationers guilds, which produced both religious and non-religious material.^[16]

Judaism has kept the art of the scribe alive up to the present. According to Jewish tradition, the Torah scroll placed in a synagogue must be written by hand on parchment, and a printed book would not do, though the congregation may use printed prayer books, and printed copies of the Scriptures are used for study outside the synagogue. A sofer (scribe) is a highly respected member of any observant Jewish community.

Arab printing techniques[link]

This section may contain inappropriate or misinterpreted citations that do not verify the text. Please help improve this article by checking for inaccuracies. (help, talk, get involved!) (September 2010)

Arabs also produced and bound books in the medieval Islamic world, developing advanced techniques in (Arabic calligraphy), miniatures and bookbinding. A number of cities in the medieval Islamic world had book production centers and book markets. Marrakech, Morocco, had a street named Kutubiyyin or book sellers which contained more than 100 bookshops in the 12th century^{[citation needed]}; the famous Koutoubia Mosque is named so because of its location in this street.

The medieval Islamic world also used a method of reproducing reliable copies of a book in large quantities, known as check reading, in contrast to the traditional method of a single scribe producing only a single copy of a single manuscript. In the check reading method, only "authors could authorize copies, and this was done in public sessions in which the copyist read the copy aloud in the presence of the author, who then certified it as accurate."^[17] With this check-reading system, "an author might produce a dozen or more copies from a single reading," and with two or more readings, "more than one hundred copies of a single book could easily be produced."^[18]

Wood block printing[link]

In woodblock printing, a relief image of an entire page was carved into blocks of wood, inked, and used to print copies of that page. This method originated in China, in the Han dynasty (before 220AD), as a method of printing on textiles and later paper, and was widely used throughout East Asia. The oldest dated book printed by this method is The Diamond Sutra (868 AD).

The method (called Woodcut when used in art) arrived in Europe in the early 14th century. Books (known as block-books), as well as playing-cards and religious pictures, began to be produced by this method. Creating an entire book was a painstaking process, requiring a hand-carved block for each page; and the wood blocks tended to crack, if stored for long. The monks or people who wrote them were paid highly.

Movable type and incunabula[link]

A 15th century incunabulum. Notice the blind-tooled cover, corner bosses and clasps.

The Chinese inventor Bi Sheng made movable type of earthenware circa 1045, but there are no known surviving examples of his printing. Around 1450, in what is commonly regarded as an independent invention, Johannes Gutenberg invented movable type in Europe, along with innovations in casting the type based on a matrix and hand mould. This invention gradually made books less expensive to produce, and more widely available.

Early printed books, single sheets and images which were created before 1501 in Europe are known as incunabula. A man born in 1453, the year of the fall of Constantinople, could look back from his fiftieth year on a lifetime in which about eight million books had been printed, more perhaps than all the scribes of Europe had produced since Constantine founded his city in A.D. 330.^[19]

Modern world[link]

Steam-powered printing presses became popular in the early 19th century. These machines could print 1,100 sheets per hour, but workers could only set 2,000 letters per hour.^{[citation needed]}

Monotype and linotype typesetting machines were introduced in the late 19th century. They could set more than 6,000 letters per hour and an entire line of type at once.

The centuries after the 15th century were thus spent on improving both the printing press and the conditions for freedom of the press through the gradual relaxation of restrictive censorship laws. See also intellectual property, public domain, copyright. In mid-20th century, European book production had risen to over 200,000 titles per year.

Book manufacturing in the modern world[link]

This section is too long. Consider either splitting it into new page or sub-sections or summarizing it.

The spine of the book is an important aspect in book design, especially in the cover design. When the books are stacked up or stored in a shelf, the details on the spine is the only visible surface that contains the information about the book. In stores, it is the details on the spine that attract buyers' attention first.

The methods used for the printing and binding of books continued fundamentally unchanged from the 15th century into the early years of the 20th century. While there was of course more mechanization, Gutenberg would have had no difficulty in understanding what was going on if he had visited a book printer in 1900.

Gutenberg's invention was the use of movable metal types, assembled into words, lines, and pages and then printed by letterpress. In letterpress printing ink is spread onto the tops of raised metal type, and is transferred onto a sheet of paper which is pressed against the type. Sheet-fed letterpress printing is still available but tends to be used for collector's books and is now more of an art form than a commercial technique (see Letterpress).

Modern paper books are printed on papers which are designed specifically for the publication of printed books. Traditionally, book papers are off white or low white papers (easier to read), are opaque to minimise the show through of text from one side of the page to the other and are (usually) made to tighter caliper or thickness specifications, particularly for case bound books. Typically, books papers are light weight papers 60 to 90 g/m² and often specified by their caliper/substance ratios (volume basis). For example, a bulky 80 g/m² paper may have a caliper of 120 micrometres (0.12 mm) which would be Volume 15 (120×10/80) whereas a low bulk 80 g/m² may have a caliper of 88 micrometres, giving a volume 11. This volume basis then allows the calculation of a books PPI (printed pages per inch) which is an important factor for the design of book jackets and the binding of the finished book. Different paper qualities are used as book paper depending on type of book: Machine finished coated papers, woodfree uncoated papers, coated fine papers and special fine papers are common paper grades.

Today, the majority of books are printed by offset lithography in which an image of the material to be printed is photographically or digitally transferred to a flexible metal plate where it is developed to exploit the antipathy between grease (the ink) and water. When the plate is mounted on the press, water is spread over it. The developed areas of the plate repel water thus allowing the ink to adhere to only those parts of the plate which are to print. The ink is then offset onto a rubbery blanket (to prevent water from soaking the paper) and then finally to the paper.

When a book is printed the pages are laid out on the plate so that after the printed sheet is folded the pages will be in the correct sequence. Books tend to be manufactured nowadays in a few standard sizes. The sizes of books are usually specified as "trim size": the size of the page after the sheet has been folded and trimmed. Trimming involves cutting approximately 1/8" off top, bottom and fore-edge (the edge opposite to the spine) as part of the binding process to remove the folds so that the pages can be opened. The standard sizes result from sheet sizes (therefore machine sizes) which became popular 200 or 300 years ago, and have come to dominate the industry. The basic standard commercial book sizes in the United States, always expressed as width × height, are: 4¼" × 7" (rack size paperback), 5⅛" × 7⅝" (digest size paperback), 5½" × 8¼", 5½" × 8½", 6⅛" × 9¼", 7" × 10", and 8½" × 11". These "standard" trim sizes will often vary slightly depending on the particular printing presses used, and on the imprecision of the trimming operation. Of course other trim sizes are available, and some publishers favor sizes not listed here which they might nominate as "standard" as well, such as 6" × 9", 8" × 10". In Britain the equivalent standard sizes differ slightly, as well as now being expressed in millimeters, and with height preceding width. Thus the UK equivalent of 6⅛" × 9¼" is 234 × 156 mm. British conventions in this regard prevail throughout the English speaking world, except for USA. The European book manufacturing industry works to a completely different set of standards.

Some books, particularly those with shorter runs (i.e. of which fewer copies are to be made) will be printed on sheet-fed offset presses, but most books are now printed on web presses, which are fed by a continuous roll of paper, and can consequently print more copies in a shorter time. On a sheet-fed press a stack of sheets of paper stands at one end of the press, and each sheet passes through the press individually. The paper will be printed on both sides and delivered, flat, as a stack of paper at the other end of the press. These sheets then have to be folded on another machine which uses bars, rollers and cutters to fold the sheet up into one or more signatures. A signature is a section of a book, usually of 32 pages, but sometimes 16, 48 or even 64 pages. After the signatures are all folded they are gathered: placed in sequence in bins over a circulating belt onto which one signature from each bin is dropped. Thus as the line circulates a complete "book" is collected together in one stack, next to another, and another.

A web press carries out the folding itself, delivering bundles of signatures ready to go into the gathering line. Notice that when the book is being printed it is being printed one (or two) signatures at a time, not one complete book at a time. Thus if there are to be 10,000 copies printed, the press will run 10,000 of the first form (the pages imaged onto the first plate and its back-up plate, representing one or two signatures), then 10,000 of the next form, and so on till all the signatures have been printed. Actually, because there is a known average spoilage rate in each of the steps in the book's progress through the manufacturing system, if 10,000 books are to be made, the printer will print between 10,500 and 11,000 copies so that subsequent spoilage will still allow the delivery of the ordered quantity of books. Sources of spoilage tend to be mainly make-readies.

A make-ready is the preparatory work carried out by the pressmen to get the printing press up to the required quality of impression. Included in make-ready is the time taken to mount the plate onto the machine, clean up any mess from the previous job, and get the press up to speed. The main part of making-ready is however getting the ink/water balance right, and ensuring that the inking is even across the whole width of the paper. This is done by running paper through the press and printing waste pages while adjusting the press to improve quality. Densitometers are used to ensure even inking and consistency from one form to another. As soon as the pressman decides that the printing is correct, all the make-ready sheets will be discarded, and the press will start making books. Similar make readies take place in the folding and binding areas, each involving spoilage of paper.

After the signatures are folded and gathered, they move into the bindery. In the middle of the last century there were still many trade binders – stand-alone binding companies which did no printing, specializing in binding alone. At that time, largely because of the dominance of letterpress printing, the pattern of the industry was for typesetting and printing to take place in one location, and binding in a different factory. When type was all metal, a typical book's worth of type would be bulky, fragile and heavy. The less it was moved in this condition the better: so it was almost invariable that printing would be carried out in the same location as the typesetting. Printed sheets on the other hand could easily be moved. Now, because of the increasing computerization of the process of preparing a book for the printer, the typesetting part of the job has flowed upstream, where it is done either by separately contracting companies working for the publisher, by the publishers themselves, or even by the authors. Mergers in the book manufacturing industry mean that it is now unusual to find a bindery which is not also involved in book printing (and vice versa).

If the book is a hardback its path through the bindery will involve more points of activity than if it is a paperback. A paperback binding line (a number of pieces of machinery linked by conveyor belts) involves few steps. The gathered signatures, book blocks, will be fed into the line where they will one by one be gripped by plates converging from each side of the book, turned spine up and advanced towards a gluing station. En route the spine of the book block will be ground off leaving a roughened edge to the tightly gripped collection of pages. The grinding leaves fibers which will grip onto the glue which is then spread onto the spine of the book. Covers then meet up with the book blocks, and one cover is dropped onto the glued spine of each book block, and is pressed against the spine by rollers. The book is then carried forward to the trimming station, where a three-knife trimmer will simultaneously cut the top and bottom and the fore-edge of the paperback to leave clear square edges. The books are then packed into cartons, or packed on skids, and shipped.

Binding a hardback is more complicated. Look at a hardback book and you will see the cover overlaps the pages by about 1/8" all round. These overlaps are called squares. The blank piece of paper inside the cover is called the endpaper, or endsheet: it is of somewhat stronger paper than the rest of the book as it is the endpapers that hold the book into the case. The endpapers will be tipped to the first and last signatures before the separate signatures are placed into the bins on the gathering line. Tipping involves spreading some glue along the spine edge of the folded endpaper and pressing the endpaper against the signature. The gathered signatures are then glued along the spine, and the book block is trimmed, like the paperback, but will continue after this to the rounder and backer. The book block together with its endpapers will be gripped from the sides and passed under a roller with presses it from side to side, smashing the spine down and out around the sides so that the entire book takes on a rounded cross section: convex on the spine, concave at the fore-edge, with "ears" projecting on either side of the spine. Then the spine is glued again, a paper liner is stuck to it and headbands and footbands are applied. Next a crash lining (an open weave cloth somewhat like a stronger cheesecloth) is usually applied, overlapping the sides of the spine by an inch or more. Finally the inside of the case, which has been constructed and foil-stamped off-line on a separate machine, is glued on either side (but not on the spine area) and placed over the book block. This entire sandwich is now gripped from the outside and pressed together to form a solid bond between the endpapers and the inside of the case. The crash lining, which is glued to the spine of the pages, but not the spine of the case, is held between the endpapers and the case sides, and in fact provides most of the strength holding the book block into the case. The book will then be jacketed (most often by hand, allowing this stage to be an inspection stage also) before being packed ready for shipment.

The sequence of events can vary slightly, and usually the entire sequence does not occur in one continuous pass through a binding line. What has been described above is unsewn binding, now increasingly common. The signatures of a book can also be held together by Smyth sewing. Needles pass through the spine fold of each signature in succession, from the outside to the center of the fold, sewing the pages of the signature together and each signature to its neighbors. McCain sewing, often used in schoolbook binding, involves drilling holes through the entire book and sewing through all the pages from front to back near the spine edge. Both of these methods mean that the folds in the spine of the book will not be ground off in the binding line. This is true of another technique, notch binding, where gashes about an inch long are made at intervals through the fold in the spine of each signature, parallel to the spine direction. In the binding line glue is forced into these "notches" right to the center of the signature, so that every pair of pages in the signature is bonded to every other one, just as in the Smyth sewn book. The rest of the binding process is similar in all instances. Sewn and notch bound books can be bound as either hardbacks or paperbacks.

Making cases happens off-line and prior to the book's arrival at the binding line. In the most basic case making, two pieces of cardboard are placed onto a glued piece of cloth with a space between them into which is glued a thinner board cut to the width of the spine of the book. The overlapping edges of the cloth (about 5/8" all round) are folded over the boards, and pressed down to adhere. After case making the stack of cases will go to the foil stamping area. Metal dies, photoengraved elsewhere, are mounted in the stamping machine and rolls of foil are positioned to pass between the dies and the case to be stamped. Heat and pressure cause the foil to detach from its backing and adhere to the case. Foils come in various shades of gold and silver and in a variety pigment colors, and by careful setup quite elaborate effects can be achieved by using different rolls of foil on the one book. Cases can also be made from paper which has been printed separately and then protected with clear film lamination. A three-piece case is made similarly but has a different material on the spine and overlapping onto the sides: so it starts out as three pieces of material, one each of a cheaper material for the sides and the different, stronger material for the spine.

Recent developments in book manufacturing include the development of digital printing. Book pages are printed, in much the same way as an office copier works, using toner rather than ink. Each book is printed in one pass, not as separate signatures. Digital printing has permitted the manufacture of much smaller quantities than offset, in part because of the absence of make readies and of spoilage. One might think of a web press as printing quantities over 2000, quantities from 250 to 2000 being printed on sheet-fed presses, and digital presses doing quantities below 250. These numbers are of course only approximate and will vary from supplier to supplier, and from book to book depending on its characteristics. Digital printing has opened up the possibility of print-on-demand, where no books are printed until after an order is received from a customer.

Digital format[link]

The term e-book is a contraction of "electronic book"; it refers to a book-length publication in digital form.^[20] An e-book is usually made available through the internet, but also on CD-ROM and other forms. E-Books may be read either via a computer or by means of a portable book display device known as an e-book reader, such as the Sony Reader, Barnes & Noble Nook or the Amazon Kindle. These devices attempt to mimic the experience of reading a print book.

Throughout the 20th century, libraries have faced an ever-increasing rate of publishing, sometimes called an information explosion. The advent of electronic publishing and the Internet means that much new information is not printed in paper books, but is made available online through a digital library, on CD-ROM, or in the form of e-books. An on-line book is an e-book that is available online through the internet.

Though many books are produced digitally, most digital versions are not available to the public, and there is no decline in the rate of paper publishing.^[21] There is an effort, however, to convert books that are in the public domain into a digital medium for unlimited redistribution and infinite availability. This effort is spearheaded by Project Gutenberg combined with Distributed Proofreaders.

There have also been new developments in the process of publishing books. Technologies such as print on demand, which make it possible to print as few as one book at a time, have made self-publishing much easier and more affordable. On-demand publishing has allowed publishers, by avoiding the high costs of warehousing, to keep low-selling books in print rather than declaring them out of print.

Book design[link]

Book design is the art of incorporating the content, style, format, design, and sequence of the various components of a book into a coherent whole.

In the words of Jan Tschichold, book design "though largely forgotten today, methods and rules upon which it is impossible to improve have been developed over centuries. To produce perfect books these rules have to be brought back to life and applied." Richard Hendel describes book design as "an arcane subject" and refers to the need for a context to understand what that means.

Sizes[link]

Real-size facsimile of Codex Gigas

The size of a modern book is based on the printing area of a common flatbed press. The pages of type were arranged and clamped in a frame, so that when printed on a sheet of paper the full size of the press, the pages would be right side up and in order when the sheet was folded, and the folded edges trimmed.

The most common book sizes are:

• Quarto (4to): the sheet of paper is folded twice, forming four leaves (eight pages) approximately 11-13 inches (ca 30 cm) tall
• Octavo (8vo): the most common size for current hardcover books. The sheet is folded three times into eight leaves (16 pages) up to 9 ¾" (ca 23 cm) tall.
• DuoDecimo (12mo): a size between 8vo and 16mo, up to 7 ¾" (ca 18 cm) tall
• Sextodecimo (16mo): the sheet is folded four times, forming 16 leaves (32 pages) up to 6 ¾" (ca 15 cm) tall

Sizes smaller than 16mo are:

• 24mo: up to 5 ¾" (ca 13 cm) tall.
• 32mo: up to 5" (ca 12 cm) tall.
• 48mo: up to 4" (ca 10 cm) tall.
• 64mo: up to 3" (ca 8 cm) tall.

Small books can be called booklets.

Sizes larger than quarto are:

• Folio: up to 15" (ca 38 cm) tall.
• Elephant Folio: up to 23" (ca 58 cm) tall.
• Atlas Folio: up to 25" (ca 63 cm) tall.
• Double Elephant Folio: up to 50" (ca 127 cm) tall.

The largest extant medieval manuscript in the world is Codex Gigas 92 × 50 × 22 cm. The world's largest book made of stone is in Kuthodaw Pagoda (Burma).

The longest book title in the world is 670 words long.

Types of books[link]

Types of books according to their contents[link]

Novels in a Polish bookstore

A common separation by content are fiction and non-fictional books. By no means are books limited to this classification, but it is a separation that can be found in most collections, libraries, and bookstores.

Fiction[link]

Many of the books published today are fictitious stories. They are in-part or completely untrue or fantasy. Historically, paper production was considered too expensive to be used for entertainment. An increase in global literacy and print technology led to the increased publication of books for the purpose of entertainment, and allegorical social commentary. Most fiction is additionally categorized by genre.

The novel is the most common form of fictional book. Novels are stories that typically feature a plot, setting, themes and characters. Stories and narrative are not restricted to any topic; a novel can be whimsical, serious or controversial. The novel has had a tremendous impact on entertainment and publishing markets.^[22] A novella is a term sometimes used for fictional prose typically between 17,500 and 40,000 words, and a novelette between 7,500 and 17,500. A Short story may be any length up to 10,000 words, but these word lengths are not universally established.

Comic books or graphic novels are books in which the story is illustrated. The characters and narrators use speech or thought bubbles to express verbal language.

Non-fiction[link]

A page from a dictionary

In a library, a reference book is a general type of non-fiction book which provides information as opposed to telling a story, essay, commentary, or otherwise supporting a point of view. An almanac is a very general reference book, usually one-volume, with lists of data and information on many topics. An encyclopedia is a book or set of books designed to have more in-depth articles on many topics. A book listing words, their etymology, meanings, and other information is called a dictionary. A book which is a collection of maps is an atlas. A more specific reference book with tables or lists of data and information about a certain topic, often intended for professional use, is often called a handbook. Books which try to list references and abstracts in a certain broad area may be called an index, such as Engineering Index, or abstracts such as chemical abstracts and biological abstracts.

An atlas

Books with technical information on how to do something or how to use some equipment are called instruction manuals. Other popular how-to books include cookbooks and home improvement books.

Students typically store and carry textbooks and schoolbooks for study purposes. Elementary school pupils often use workbooks, which are published with spaces or blanks to be filled by them for study or homework. In US higher education, it is common for a student to take an exam using a blue book.

A page from a notebook used as hand written diary

There is a large set of books that are made only to write private ideas, notes, and accounts. These books are rarely published and are typically destroyed or remain private. Notebooks are blank papers to be written in by the user. Students and writers commonly use them for taking notes. Scientists and other researchers use lab notebooks to record their notes. They often feature spiral coil bindings at the edge so that pages may easily be torn out.

A Telephone Directory, with business and residence listings.

Address books, phone books, and calendar/appointment books are commonly used on a daily basis for recording appointments, meetings and personal contact information.

Books for recording periodic entries by the user, such as daily information about a journey, are called logbooks or simply logs. A similar book for writing the owner's daily private personal events, information, and ideas is called a diary or personal journal.

Businesses use accounting books such as journals and ledgers to record financial data in a practice called bookkeeping.

Other types[link]

There are several other types of books which are not commonly found under this system. Albums are books for holding a group of items belonging to a particular theme, such as a set of photographs, card collections, and memorabilia. One common example is stamp albums, which are used by many hobbyists to protect and organize their collections of postage stamps. Such albums are often made using removable plastic pages held inside in a ringed binder or other similar smolder. Picture books children's books with little text and pictures on every page

Hymnals are books with collections of musical hymns that can typically be found in churches. Prayerbooks or missals are books that contain written prayers and are commonly carried by monks, nuns, and other devoted followers or clergy.

Types of books according to their binding or cover[link]

Hardcover books

Paperback books

Hardcover books have a stiff binding. Paperback books have cheaper, flexible covers which tend to be less durable. An alternative to paperback is the glossy cover, otherwise known as a dust cover, found on magazines, and comic books. Spiral-bound books are bound by spirals made of metal or plastic. Examples of spiral-bound books include: teachers' manuals and puzzle books (crosswords, sudoku).

Publishing is a process for producing pre-printed books, magazines, and newspapers for the reader/user to buy.

Publishers may produce low-cost, pre-publication copies known as galleys or 'bound proofs' for promotional purposes, such as generating reviews in advance of publication. Galleys are usually made as cheaply as possible, since they are not intended for sale.

Collections of books[link]

Celsus Library was built in 135 AD and could house around 12,000 scrolls.

Private or personal libraries made up of non-fiction and fiction books, (as opposed to the state or institutional records kept in archives) first appeared in classical Greece. In ancient world the maintaining of a library was usually (but not exclusively) the privilege of a wealthy individual. These libraries could have been either private or public, i.e. for people who were interested in using them. The difference from a modern public library lies in the fact that they were usually not funded from public sources. It is estimated that in the city of Rome at the end of the 3rd century there were around 30 public libraries. Public libraries also existed in other cities of the ancient Mediterranean region (for example, Library of Alexandria).^[23] Later, in the Middle Ages, monasteries and universities had also libraries that could be accessible to general public. Typically not the whole collection was available to public, the books could not be borrowed and often were chained to reading stands to prevent theft.

The beginning of modern public library begins around 15th century when individuals started to donate books to towns.^[24] The growth of a public library system in the United States started in the late 19th century and was much helped by donations from Andrew Carnegie. This reflected classes in a society: The poor or the middle class had to access most books through a public library or by other means while the rich could afford to have a private library built in their homes. In the United States the Boston Public Library 1852 Report of the Trustees established the justification for the public library as a tax-supported institution intended to extend educational opportunity and provide for general culture.^[25]

The advent of paperback books in the 20th century led to an explosion of popular publishing. Paperback books made owning books affordable for many people. Paperback books often included works from genres that had previously been published mostly in pulp magazines. As a result of the low cost of such books and the spread of bookstores filled with them (in addition to the creation of a smaller market of extremely cheap used paperbacks) owning a private library ceased to be a status symbol for the rich.

In library and booksellers' catalogues, it is common to include an abbreviation such as "Crown 8vo" to indicate the paper size from which the book is made.

When rows of books are lined on a book holder, bookends are sometimes needed to keep them from slanting.

Identification and classification[link]

During the 20th century, librarians were concerned about keeping track of the many books being added yearly to the Gutenberg Galaxy. Through a global society called the International Federation of Library Associations and Institutions (IFLA), they devised a series of tools including the International Standard Bibliographic Description (ISBD).

ISBN with barcode

Each book is specified by an International Standard Book Number, or ISBN, which is unique to every edition of every book produced by participating publishers, world wide. It is managed by the ISBN Society. An ISBN has four parts: the first part is the country code, the second the publisher code, and the third the title code. The last part is a check digit, and can take values from 0–9 and X (10). The EAN Barcodes numbers for books are derived from the ISBN by prefixing 978, for Bookland, and calculating a new check digit.

Commercial publishers in industrialized countries generally assign ISBNs to their books, so buyers may presume that the ISBN is part of a total international system, with no exceptions. However, many government publishers, in industrial as well as developing countries, do not participate fully in the ISBN system, and publish books which do not have ISBNs.

A large or public collection requires a catalogue. Codes called "call numbers" relate the books to the catalogue, and determine their locations on the shelves. Call numbers are based on a Library classification system. The call number is placed on the spine of the book, normally a short distance before the bottom, and inside.

Institutional or national standards, such as ANSI/NISO Z39.41 - 1997, establish the correct way to place information (such as the title, or the name of the author) on book spines, and on "shelvable" book-like objects, such as containers for DVDs, video tapes and software.

Books on library shelves with bookends, and call numbers visible on the spines

One of the earliest and most widely known systems of cataloguing books is the Dewey Decimal System. Another widely known system is the Library of Congress Classification system. Both systems are biased towards subjects which were well-represented in US libraries when they were developed, and hence have problems handling new subjects, such as computing, or subjects relating to other cultures.^{[citation needed]}

Information about books and authors can be stored in databases like online general-interest book databases.

Metadata about a book may include its ISBN or other classification number (see above), the names of contributors (author, editor, illustrator) and publisher, its date and size, and the language of the text.

Classification systems[link]

• Bliss bibliographic classification (BC)
• Chinese Library Classification (CLC)
• Colon Classification
• Dewey Decimal Classification (DDC)
• Harvard-Yenching Classification
• Library of Congress Classification (LCC)
• New Classification Scheme for Chinese Libraries
• Universal Decimal Classification (UDC)

Uses for books[link]

Aside from the primary purpose of reading them, books are also used for other ends:

• A book can be an artistic artifact, a piece of art; this is sometimes known as an artists' book.
• A book may be evaluated by a reader or professional writer to create a book review.
• A book may be read by a group of people to use as a spark for social or academic discussion, as in a book club.
• A book may be studied by students as the subject of a writing and analysis exercise in the form of a book report.
• Books are sometimes used for their exterior appearance to decorate a room, such as a study.

Paper and conservation issues[link]

Halfbound book with leather and marbled paper.

Though papermaking in Europe had begun around the 11th century, up until the beginning of 16th century vellum and paper were produced congruent to one another, vellum being the more expensive and durable option. Printers or publishers would often issue the same publication on both materials, to cater to more than one market.

Paper was first made in China, as early as 200 B.C., and reached Europe through Muslim territories. At first made of rags, the industrial revolution changed paper-making practices, allowing for paper to be made out of wood pulp.

Paper made from wood pulp became popular in the early 20th century, because it was cheaper than linen or abaca cloth-based papers. Pulp-based paper made books less expensive to the general public. This paved the way for huge leaps in the rate of literacy in industrialised nations, and enabled the spread of information during the Second Industrial Revolution.

However pulp paper contained acid, that eventually destroys the paper from within. Earlier techniques for making paper used limestone rollers, which neutralized the acid in the pulp. Books printed between 1850 and 1950 are at risk; more recent books are often printed on acid-free or alkaline paper. Libraries today have to consider mass deacidification of their older collections.

Stability of the climate is critical to the long-term preservation of paper and book material.^[26] Good air circulation is important to keep fluctuation in climate stable. The HVAC system should be up to date and functioning efficiently. Light is detrimental to collections. Therefore, care should be given to the collections by implementing light control. General housekeeping issues can be addressed, including pest control. In addition to these helpful solutions, a library must also make an effort to be prepared if a disaster occurs, one that they cannot control. Time and effort should be given to create a concise and effective disaster plan to counteract any damage incurred through "acts of god" therefore an emergency management plan should be in place.

See also[link]

References[link]

External links[link]

Wikibooks has more on the topic of Book

Look up book in Wiktionary, the free dictionary.

Find more about Book on Wikipedia's sister projects:
	Definitions and translations from Wiktionary
	Images and media from Commons
	Learning resources from Wikiversity
	News stories from Wikinews
	Quotations from Wikiquote
	Source texts from Wikisource
	Textbooks from Wikibooks

• Centre for the History of the Book
• Manuscripts, Books, and Maps: The Printing Press and a Changing World
• Society for the History of Authorship, Reading and Publishing
• Old Books, How to find information on publication history and value (1998) Smithsonian Institution Libraries

lez:Улуб

The examples and perspective in this article may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (May 2012)

Lady Justice is the symbol of justice. Lady Justice is depicted as a goddess equipped with three symbols of justice: a sword symbolising the court's coercive power; scales representing an objective standard by which competing claims are weighed; and a blindfold indicating that justice is (or should be) meted out objectively, without fear or favor, regardless of identity, money, power, or weakness.^[1]

The Law^[2] is a system of rules and guidelines which are enforced through social institutions to govern behavior.^[3] Laws are made by governments, specifically by their legislatures. The formation of laws themselves may be influenced by a constitution (written or unwritten) and the rights encoded therein. The law shapes politics, economics and society in countless ways and serves as a social mediator of relations between people.

A general distinction can be made between civil law jurisdictions (including Canon and Socialist law), in which the legislature or other central body codifies and consolidates their laws and common law systems (including Sharia), where judge-made binding precedents are accepted. In some countries, religion may inform the law; for example, in jurisdictions that practice Islamic law, Jewish law or Canon law.

The adjudication of the law is generally divided into two main areas. Criminal law deals with conduct that is designated dishonest by the government and in which the guilty party may be imprisioned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with disputes between individuals or organizations, in which compensation may be awarded to the wronged litigant.

Under civil law, the following specialties, among others, exist: Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law regulates the transfer and title of personal property and real property. Trust law applies to assets held for investment and financial security. Tort law allows claims for compensation if a person's property are harmed. 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. International law governs affairs between sovereign states in activities ranging from trade to military action.

To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress^{[citation needed]}.

Law provides a rich source of scholarly inquiry into legal history, philosophy, economic analysis and 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."^[4] Writing in 350 BCE, the Greek philosopher Aristotle declared, "The rule of law is better than the rule of any individual."^[5]

In a presidential democracy, the constitution is sovereign and 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. In parliamentary systems, the legislature is sovereign and appoints one of its members as the executive (often called the prime minister). The judicial branch is under the parliament.

Legal subjects[link]

All legal systems deal with the same basic issues, but jurisdictions categorise and identify its legal subjects in different ways. A common distinction is that between "public law" (a term related closely to the state, and including constitutional, administrative and criminal law), and "private law" (which covers contract, tort and property).^[6] In civil law systems, contract and tort fall under a general law of obligations, while trusts law is dealt with under statutory regimes or international conventions. International, constitutional and administrative law, criminal law, contract, tort, property law and trusts are regarded as the "traditional core subjects",^[7] although there are many further disciplines .

International law[link]

Providing a constitution for public international law, the United Nations system was agreed during World War II

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),^[8] 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.^[9] However, a few bodies, such as the WTO, have effective systems of binding arbitration and dispute resolution backed up by trade sanctions.^[10]

• 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.^[11]

• European Union law is the first and, so far, only example of a internationally accepted legal system other than the UN and the World Trade Organisation. 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.^[12] 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.^[13]

Constitutional and administrative law[link]

The French Declaration of the Rights of Man and of the Citizen, whose principles still have constitutional value

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^[14] 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.^[15]

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.^[16][17] 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.^[18]

Criminal law[link]

Criminal law, also known as penal law, pertains to crimes and punishment.^[19] It thus regulates the definition of and penalties for offences found to have a sufficiently deleterious social impact but, in itself, makes no moral judgment on an offender nor imposes restrictions on society that physically prevents people from committing a crime in the first place.^[20] Investigating, apprehending, charging, and trying suspected offenders is regulated by the law of criminal procedure.^[21] The paradigm case of a crime lies in the proof, beyond reasonable doubt, that a person is guilty of two things. First, the accused must commit an act which is deemed by society to be criminal, or actus reus (guilty act).^[22] Second, the accused must have the requisite malicious intent to do a criminal act, or mens rea (guilty mind). However for so called "strict liability" crimes, an actus reus is enough.^[23] Criminal systems of the civil law tradition distinguish between intention in the broad sense (dolus directus and dolus eventualis), and negligence. Negligence does not carry criminal responsibility unless a particular crime provides for its punishment.^[24][25]

A depiction of a 1600s criminal trial, for witchcraft in Salem

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.^[26]

Criminal law offences are viewed as offences against not just individual victims, but the community as well.^[20] 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.^[27] On the international field, 111 countries are members of the International Criminal Court, which was established to try people for crimes against humanity.^[28]

Contract law[link]

The famous Carbolic Smoke Ball advertisement to cure influenza was held to be a unilateral contract

Contract law concerns enforceable promises, and can be summed up in the Latin phrase pacta sunt servanda (agreements must be kept).^[29] 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".^[30]

"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.^[31] In civil law jurisdictions, consideration is not required for a contract to be binding.^[32] 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)^[33] 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.^[34]

Tort law[link]

The "McLibel" two were involved in the longest running case in UK history for publishing a pamphlet criticising McDonald's restaurants.

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.^[35] 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.^[36] 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.^[37]

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.^[36] Another example of tort might be a neighbour making excessively loud noises with machinery on his property.^[38] 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.^[39] More infamous are economic torts, which form the basis of labour law in some countries by making trade unions liable for strikes,^[40] when statute does not provide immunity.^[41]

Property law[link]

A painting of the South Sea Bubble, one of the world's first ever speculations and crashes, led to strict regulation on share trading.^[42]

Property law governs valuable things that people call 'theirs'. Real property, sometimes called 'real estate' refers to ownership of land and things attached to it.^[43] Personal property, refers to everything else; movable objects, such as computers, cars, jewelry or intangible rights, such as stocks and shares. A right in rem is a right to a specific piece of property, contrasting to a right in personam which allows compensation for a loss, but not a particular thing back. Land law forms the basis for most kinds of property law, and is the most complex. It concerns mortgages, rental agreements, licences, covenants, easements and the statutory systems for land registration. Regulations on the use of personal property fall under intellectual property, company law, trusts and commercial law. An example of a basic case of most property law is Armory v Delamirie [1722].^[44] A chimney sweep's boy found a jewel encrusted with precious stones. He took it to a goldsmith to have it valued. The goldsmith's apprentice looked at it, sneakily removed the stones, told the boy it was worth three halfpence and that he would buy it. The boy said he would prefer the jewel back, so the apprentice gave it to him, but without the stones. The boy sued the goldsmith for his apprentice's attempt to cheat him. Lord Chief Justice Pratt ruled that even though the boy could not be said to own the jewel, he should be considered the rightful keeper ("finders keeper") until the original owner is found. In fact the apprentice and the boy both had a right of possession in the jewel (a technical concept, meaning evidence that something could belong to someone), but the boy's possessory interest was considered better, because it could be shown to be first in time. Possession may be nine tenths of the law, but not all.

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.^[45] 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.^[46] 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.^[47]

Equity and trusts[link]

The Court of Chancery, London, early 19th century

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.^[48] 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.^[49] In the early case of Keech v Sandford [1722]^[50] 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,

I very well see, if a trustee, on the refusal to renew, might have a lease to himself few trust-estates would be renewed ... This may seem very hard, that the trustee is the only person of all mankind who might not have the lease; but it is very proper that the rule should be strictly pursued and not at all relaxed.

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.^[51] 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.

Further disciplines[link]

Law spreads far beyond the core subjects into virtually every area of life. Three categories are presented for convenience, though the subjects intertwine and overlap.

Law and society

A trade union protest by UNISON while on strike

• Labour law is the study of a tripartite industrial relationship between worker, employer and trade union. This involves collective bargaining regulation, and the right to strike. Individual employment law refers to workplace rights, such as job securiy, health and safety or a minimum wage.
• Human rights, civil rights and human rights law are important fields to guarantee everyone basic freedoms and entitlements. These are laid down in codes such as the Universal Declaration of Human Rights, the European Convention on Human Rights (which founded the European Court of Human Rights) and the U.S. Bill of Rights. The Treaty of Lisbon makes the Charter of Fundamental Rights of the European Union legally binding in allmember states except Charter of Fundamental Rights of the European Union – Poland and the United Kingdom.^[52]
• Civil procedure and criminal procedure concern the rules that courts must follow as a trial and appeals proceed. Both concern a citizen's right to a fair trial or hearing.
• Evidence law involves which materials are admissible in courts for a case to be built.
• Immigration law and nationality law concern the rights of foreigners to live and work in a nation-state that is not their own and to acquire or lose citizenship. Both also involve the right of asylum and the problem of stateless individuals.
• Social security law refers to the rights people have to social insurance, such as jobseekers' allowances or housing benefits.
• Family law covers marriage and divorce proceedings, the rights of children and rights to property and money in the event of separation.

Law and commerce

• Company law sprang from the law of trusts, on the principle of separating ownership of property and control.^[53] 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.
• Commercial law covers complex contract and property law. The law of agency, insurance law, bills of exchange, insolvency and bankruptcy law and sales law are all important, and trace back to the mediæval Lex Mercatoria. The UK Sale of Goods Act 1979 and the US Uniform Commercial Code are examples of codified common law commercial principles.
• Admiralty law and the Law of the Sea lay a basic framework for free trade and commerce across the world's oceans and seas, where outside of a country's zone of control. Shipping companies operate through ordinary principles of commercial law, generalised for a global market. Admiralty law also encompasses specialised issues such as salvage, maritime liens, and injuries to passengers.
• Intellectual property law aims at safeguarding creators and other producers of intellectual goods and services. These are legal rights (copyrights, trademarks, patents, and related rights) which result from intellectual activity in the industrial, literary and artistic fields.^[54]
• Restitution deals with the recovery of someone else's gain, rather than compensation for one's own loss.
• Unjust enrichment When someone has been unjustly enriched (or there is an "absence of basis" for a transaction) at another's expense, this event generates the right to restitution to reverse that gain.

Law and regulation

The New York Stock Exchange trading floor after the Wall Street Crash of 1929, before tougher banking regulation was introduced

• Tax law involves regulations that concern value added tax, corporate tax, income tax.
• Banking law and financial regulation set minimum standards on the amounts of capital banks must hold, and rules about best practice for investment. This is to insure against the risk of economic crises, such as the Wall Street Crash of 1929.
• Regulation deals with the provision of public services and utilities. Water law is one example. Especially since privatisation became popular and took management of services away from public law, private companies doing the jobs previously controlled by government have been bound by varying degrees of social responsibility. Energy, gas, telecomms and water are regulated industries in most OECD countries.
• Competition law, known in the U.S. as antitrust law, is an evolving field that traces as far back as Roman decrees against price fixing and the English restraint of trade doctrine. Modern competition law derives from the U.S. anti-cartel and anti-monopoly statutes (the Sherman Act and Clayton Act) of the turn of the 20th century. It is used to control businesses who attempt to use their economic influence to distort market prices at the expense of consumer welfare.
• Consumer law could include anything from regulations on unfair contractual terms and clauses to directives on airline baggage insurance.
• Environmental law is increasingly important, especially in light of the Kyoto Protocol and the potential danger of climate change. Environmental protection also serves to penalise polluters within domestic legal systems.

Legal systems[link]

In general, legal systems can be split between civil law and common law systems.^[55] The term "civil law" referring to a legal system should not be confused with "civil law" as a group of legal subjects distinct from criminal or public law. A third type of legal system—accepted by some countries without separation of church and state—is religious law, based on scriptures. The specific system that a country is ruled by is often determined by its history, connections with other countries, or its adherence to international standards. The sources that jurisdictions adopt as authoritatively binding are the defining features of any legal system. Yet classification is a matter of form rather than substance, since similar rules often prevail.

Civil law[link]

First page of the 1804 edition of the Napoleonic Code

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.^[56] 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.^[57] Instead a lay magistrate, iudex, was chosen to adjudicate. Precedents were not reported, so any case law that developed was disguised and almost unrecognised.^[58] 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.^[59] 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."^[60] 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.^[61] 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.^[62][63] Today, countries that have civil law systems range from Russia and China to most of Central and Latin America.^[64] The United States follows the common law system described below.

Common law and equity[link]

King John of England signs Magna Carta

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.^[65] 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.^[66] This powerful and tight-knit judiciary gave rise to a rigid and inflexible system of common law.^[67] 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.^[68] But over time it developed solid principles, especially under Lord Eldon.^[69] 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.^[70] But merely in describing, scholars who sought explanations and underlying structures slowly changed the way the law actually worked.^[71]

Religious law[link]

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,^[72] 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.

A trial in the Ottoman Empire, 1879, when religious law applied under the Mecelle

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.^[73][74] 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.^[75] Saudi Arabia recognises Quran as its constitution, and is governed on the basis of Islamic law.^[76] Iran has also witnessed a reiteration of Islamic law into its legal system after 1979.^[77] 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.^[78]

Legal theory[link]

History of law[link]

King Hammurabi is revealed the code of laws by the Mesopotamian sun god Shamash, also revered as the god of justice

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.^[79][80] 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.^[81]

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",^[82] relying instead on the three-way distinction between divine law (thémis), human decree (nomos) and custom (díkē).^[83] Yet Ancient Greek law contained major constitutional innovations in the development of democracy.^[84]

Roman law was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were highly sophisticated.^[85][86] 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.^[87] 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.^[88] 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.^[89] EU law is codified in treaties, but develops through the precedent laid down by the European Court of Justice.

The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words

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.^[90] Manu's central philosophy was tolerance and Pluralism, and was cited across Southeast Asia.^[91] This Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire.^[92] 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.^[93] 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.^[94] 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.^[95] 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.^[96] 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.^[97] Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organisation.^[98]

Philosophy of law[link]

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".^[100] 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.^[101] Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature".^[102] 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".^[103] 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".^{[104][105][106]}

In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law.^[107] 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.^[108] Therefore, Schmitt advocated a jurisprudence of the exception (state of emergency), which denied that legal norms could encompass of all political experience.^[109]

Bentham's utilitarian theories remained dominant in law until the 20th century

Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fictions in The Concept of Law.^[110] 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",^[111] 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.^[112] 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.^[113]

Economic analysis of law[link]

In the 18th century Adam Smith presented a philosophical foundation for explaining the relationship between law and economics.^[114] 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.^[115]

Richard Posner, one of the Chicago School, runs a blog with Bank of Sweden Prize winning economist Gary Becker.^[116]

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.^[117] 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.^[118] 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.^[38] 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.^[119] 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.^[120] 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.^[121]

Sociology of law[link]

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.^[122] 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.^[123][124]

Max Weber in 1917, Weber began his career as a lawyer, and is regarded as one of the founders of sociology and sociology of law

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.^[125] 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.^[122] 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.^[126] 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.^[127][128]

Legal institutions[link]

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.^[129] 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.^[130]

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.

Judiciary[link]

A judiciary is a number of judges mediating disputes to determine outcome. Most countries have systems of appeal courts, answering up to a supreme legal authority. In the United States, this is the Supreme Court;^[131] in Australia, the High Court; in the UK, the Supreme Court;^[132] in Germany, the Bundesverfassungsgericht; in France, the Cour de Cassation.^[133][134] For most European countries the European Court of Justice in Luxembourg can overrule national law, when EU law is relevant. The European Court of Human Rights in Strasbourg allows citizens of the Council of Europe member states to bring cases relating to human rights issues before it.^[135]

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.^[136]

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.^[137]

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.^[138] In Muslim countries, courts often examine whether state laws adhere to the Sharia: the Supreme Constitutional Court of Egypt may invalidate such laws,^[139] and in Iran the Guardian Council ensures the compatibility of the legislation with the "criteria of Islam".^[139][140]

Legislature[link]

The debating chamber of the European Parliament

Prominent examples of legislatures are the Houses of Parliament in London, the Congress in Washington D.C., the Bundestag in Berlin, the Duma in Moscow, the Parlamento Italiano in Rome and the Assemblée nationale in Paris. By the principle of representative government people vote for politicians to carry out their wishes. Although countries like Israel, Greece, Sweden and China are unicameral, most countries are bicameral, meaning they have two separately appointed legislative houses.^[141]

In the 'lower house' politicians are elected to represent smaller constituencies. The 'upper house' is usually elected to represent states in a federal system (as in Australia, Germany or the United States) or different voting configuration in a unitary system (as in France). In the UK the upper house is appointed by the government as a house of review. One criticism of bicameral systems with two elected chambers is that the upper and lower houses may simply mirror one another. The traditional justification of bicameralism is that an upper chamber acts as a house of review. This can minimise arbitrariness and injustice in governmental action.^[142]

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).^[143]

Executive[link]

The G20 meetings are composed of representatives of each country's executive branch

The executive in a legal system serves as a government's centre of political authority. In a parliamentary system, as with Britain, Italy, Germany, India, and Japan, the executive is known as the cabinet, and composed of members of the legislature. The executive is chosen by the Prime Minister or Chancellor, whose office holds power under the confidence of the legislature. Because popular elections appoint political parties to govern, the leader of a party can change in between elections.^[144]

The head of state is apart from the executive, and symbolically enacts laws and acts as representative of the nation. Examples include the German president (appointed by members of federal and state Parliaments) the Queen of the United Kingdom (a hereditary title), and the Austrian president (elected by popular vote). The other important model is the presidential system, found in France, the U.S. and Russia. In presidential systems, the executive acts as both head of state and head of government, and has power to appoint an unelected cabinet. Under a presidential system, the executive branch is separate from the legislature to which it is not accountable.^[145][146]

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.

Military and police[link]

U.S. Customs and Border Protection officers

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.^[147] The first modern police were probably those in 17th-century Paris, in the court of Louis XIV,^[148] although the Paris Prefecture of Police claim they were the world's first uniformed policemen.^[149]

Max Weber famously argued that the state is that which controls the monopoly on the legitimate use of force.^[150][151] 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.^[152]

Bureaucracy[link]

The United Nations' New York headquarters houses civil servants that serve its 192 member states.

The etymology of "bureaucracy" derives from the French word for "office" (bureau) and the Ancient Greek for word "power" (kratos).^[153] 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.^[154]

Cynicism over "officialdom" is still common, and the workings of public servants is typically contrasted to private enterprise motivated by profit.^[155] In fact private companies, especially large ones, also have bureaucracies.^[156] 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.^[156]

Writing in the early 20th century, Max Weber believed that a definitive feature of a developed state had come to be its bureaucratic support.^[157] 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.^[158]

Legal profession[link]

In civil law systems such as those of France, Germany, Italy, Spain and Greece, there is a distinct category of notary, a legally trained public official, compensated by the parties to a transaction.^[159] This is a 16th-century painting of such a notary by Flemish painter Quentin Massys.

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).^[160] 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.^[161]

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^[162]), 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.^[163] 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.^[164]

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.^[165]

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.^[166]

Civil society[link]

A march in Washington D.C. during the U.S. Civil Rights Movement in 1963

Classical republican concept of "civil society" dates back to Hobbes and Locke.^[167] Locke saw civil society as people who have "a common established law and judicature to appeal to, with authority to decide controversies between them."^[168] German philosopher Georg Wilhelm Friedrich Hegel distinguished the "state" from "civil society" (burgerliche Gesellschaft) in Elements of the Philosophy of Right.^[169]

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.^[170][171] 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.^[172]

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.^[173]

See also[link]

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