Portal:Law

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Law is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations related to the transfer and title of personal (often referred to as chattel) and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed. If the harm is criminalised in a statute, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between sovereign states in activities ranging from trade to environmental regulation or military action. Writing in 350 BC, the Greek philosopher Aristotle declared: "The rule of law is better than the rule of any individual."

Legal systems elaborate rights and responsibilities in a variety of ways. A general distinction can be made between civil law jurisdictions, which codify their laws, and common law systems, where judge made law is not consolidated. In some countries, religion informs the law. Law provides a rich source of scholarly inquiry, into legal history, philosophy, economic analysis or sociology. Law also raises important and complex issues concerning equality, fairness and justice. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread." In a typical democracy, the central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive. 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. (More…)

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The prison occupied two locations, the first c. 1329–1811, and the second 1811–1842. The image above is of the first Marshalsea in the 18th century.

The Marshalsea was a prison on the south bank of the River Thames in Southwark, now part of London. From the 14th century until it closed in 1842, it housed men under court martial for crimes at sea, including those accused of "unnatural crimes," political figures and intellectuals accused of sedition, and—most famously—London's debtors, the length of their stay determined largely by the whim of their creditors.

Run privately for profit, as were all prisons in England until the 19th century, the Marshalsea looked like an Oxbridge college and functioned as an extortion racket. For prisoners who could pay, it came with access to a bar, shop, and restaurant, as well as the crucial privilege of being allowed out during the day, which meant debtors could earn money to satisfy their creditors. Everyone else was crammed into one of nine small rooms with dozens of others, possibly for decades for the most modest of debts, which increased as unpaid prison fees accumulated. A parliamentary committee reported in 1729 that 300 inmates had starved to death within a three-month period, and that eight to ten prisoners were dying every 24 hours in the warmer weather. (more...)

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A large stone castle, with imposing towers either side of the gateway, is partly obscured by trees on the green in front of the building. A road leads up to the castle, at the end of which are parked six cars outside the high wooden doors.

The Samlesbury witches were three women from the Lancashire village of Samlesbury – Jane Southworth, Jennet Bierley, and Ellen Bierley – accused by a 14-year-old girl, Grace Sowerbutts, of practising witchcraft. Their trial at Lancaster Assizes in England on 19 August 1612 was one in a series of witch trials held there over two days, among the most famous in English history. The trials were unusual for England at that time in two respects: Thomas Potts, the clerk to the court, published the proceedings in his The Wonderfull Discoverie of Witches in the Countie of Lancaster; and the number of the accused found guilty and hanged was unusually high, ten at Lancaster and another at York. However, all three of the Samlesbury women were acquitted.

The charges against the women included child murder and cannibalism. In contrast, the others tried at the same assizes, who included the Pendle witches, were accused of maleficium – causing harm by witchcraft. The case against the three women collapsed "spectacularly" when the chief prosecution witness, Grace Sowerbutts, was exposed by the trial judge to be "the perjuring tool of a Catholic priest". (more...)

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Eight men seated in two rows with a line of guards behind them
Photograph taken by the US Government and modified by Beao
The defendants sitting in the dock during the Nuremberg Trials.

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Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students and denying black children equal educational opportunities unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which permitted segregation. The plaintiffs were thirteen parents from Topeka, Kansas, on behalf of their twenty children. The suit called for the school district to reverse its policy of racial segregation. Separate elementary schools were operated by the Topeka Board of Education under an 1879 Kansas law, which permitted (but did not require) districts to maintain separate elementary school facilities for black and white students in twelve communities with populations over 15,000. Handed down on May 17, 1954, the Warren Court's unanimous (9–0) decision stated that "separate educational facilities are inherently unequal." As a result, de jure racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. This ruling paved the way for integration and the civil rights movement. (more...)

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The illustration depicts Edward II, seated on a throne and with a sceptre in his left hand, receiving his crown. His left hand is raised to the crown already on his head.

The Ordinances of 1311 were a series of regulations imposed upon King Edward II by the peerage and clergy of the Kingdom of England to restrict the power of the king. The twenty-one signatories of the Ordinances are referred to as the Lords Ordainers, or simply the Ordainers. English setbacks in the Scottish war, combined with perceived extortionate royal fiscal policies, set the background for the writing of the Ordinances in which the administrative prerogatives of the king were largely appropriated by a baronial council. The Ordinances reflect the Provisions of Oxford and the Provisions of Westminster from the late 1250s, but unlike the Provisions, the Ordinances featured a new concern with fiscal reform, specifically redirecting revenues from the king's household to the exchequer.

Just as instrumental to their conception were other issues, particularly discontent with the king's favourite, Piers Gaveston, whom the barons subsequently banished from the realm. Edward II accepted the Ordinances only under coercion, and a long struggle for their repeal ensued that did not end until Thomas of Lancaster – the leader of the Ordainers – was executed in 1322. (more...)

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