For other uses see Law (disambiguation) and Legal (disambiguation). Lady Justice is the symbol of the judiciary.12 Justice is depicted as a goddess equipped with three symbols of the rule of law: 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.3

Law4 is a system of rules and guidelines usually enforced through a set of institutions.5 It shapes politics economics and society in numerous ways and serves as a 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 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.

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."6 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. Contents 1 Legal subjects 1.1 International law 1.2 Constitutional and administrative law 1.3 Criminal law 1.4 Contract law 1.5 Tort law 1.6 Property law 1.7 Equity and trusts 1.8 Further disciplines 2 Legal systems 2.1 Civil law 2.2 Common law and equity 2.3 Religious law 3 Legal theory 3.1 History of law 3.2 Philosophy of law 3.3 Economic analysis of law 3.4 Sociology of law 4 Legal institutions 4.1 Judiciary 4.2 Legislature 4.3 Executive 4.4 Military and police 4.5 Bureaucracy 4.6 Legal profession 4.7 Civil society 5 See also 6 Notes 7 References 8 External links Legal subjects

All legal systems deal with the same basic issues but each country categorises and identifies 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).7 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"8 although there are many further disciplines . International law Main articles: Public international law Conflict of laws and European Union law 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)9 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.10 However a few bodies such as the WTO have effective systems of binding arbitration and dispute resolution backed up by trade sanctions.11 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 1958.12 European Union law is the first and so far only example of a supranational legal framework. Given the trend of increasing global economic integration many regional agreementsespecially the Union of South American Nationsare 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.13 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.14 Constitutional and administrative law Main articles: Constitutional law and Administrative law 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 Carrington15 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.16

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.1718 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'tat set up in 1799 as Napoleon assumed power in France.19 Criminal law Main article: Criminal law

Criminal law also known as penal law pertains to crimes and punishment.20 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.21 Investigating apprehending charging and trying suspected offenders is regulated by the law of criminal procedure.22 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).23 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.24 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.2526 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.27 Criminal law offences are viewed as offences against not just individual victims but the community as well.21 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.28 On the international field 111 countries are members of the International Criminal Court which was established to try people for crimes against humanity.29 Contract law Main article: Contract 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).30 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".31 "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.32 In civil law jurisdictions consideration is not required for a contract to be binding.33 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)34 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.35 Tort law Main article: Tort 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.36 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.37 A friend of Mrs Donoghue ordered an opaque bottle of ginger beer (intended for the consumption of Mrs Donoghue) in a caf 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.38 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.37 Another example of tort might be a neighbour making excessively loud noises with machinery on his property.39 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.40 More infamous are economic torts which form the basis of labour law in some countries by making trade unions liable for strikes41 when statute does not provide immunity.42 Property law Main article: Property law A painting of the South Sea Bubble one of the world's first ever speculations and crashes led to strict regulation on share trading.43 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.44 Personal property refers to everything else; movable objects such as computers cars jewelry and sandwiches 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.45 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.46 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.47 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.48 Equity and trusts Main articles: Equity (law) and Trust law 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.49 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.50 In the early case of Keech v Sandford51 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.52 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 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 security 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.53 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.54 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 medival 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.55 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 Main article: Legal systems of the world In general legal systems can be split between civil law and common law systems.56 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 systemaccepted by some countries without separation of church and stateis 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 Main article: Civil law (legal system) 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 legislationespecially codifications in constitutions or statutes passed by governmentand custom.57 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.58 Instead a lay magistrate iudex was chosen to adjudicate. Precedents were not reported so any case law that developed was disguised and almost unrecognised.59 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 529534 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.60 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."61 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.62 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 Brgerliches 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.6364 Today countries that have civil law systems range from Russia and China to most of Central and Latin America.65 The United States follows the common law system described below. Common law and equity Main article: Common law 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.66 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.67 This powerful and tight-knit judiciary gave rise to a rigid and inflexible system of common law.68 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.69 But over time it developed solid principles especially under Lord Eldon.70 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.71 But merely in describing scholars who sought explanations and underlying structures slowly changed the way the law actually worked.72 Religious law Main article: Religious law Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Shariaboth 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 interpretation73 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.7475 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.76 Saudi Arabia recognises Quran as its constitution and is governed on the basis of Islamic law.77 Iran has also witnessed a reiteration of Islamic law into its legal system after 1979.78 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.79 Legal theory History of law Main article: Legal history 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.8081 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.82 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"83 relying instead on the three-way distinction between divine law (thmis) human decree (nomos) and custom (dk).84 Yet Ancient Greek law contained major constitutional innovations in the development of democracy.85 Roman law was heavily influenced by Greek philosophy but its detailed rules were developed by professional jurists and were highly sophisticated.8687 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.88 Although codes were replaced by custom and case law during the Dark Ages Roman law was rediscovered around the 11th century when medival legal scholars began to research Roman codes and adapt their concepts. In medival 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.89 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.90 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 117369 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. 100300 AD) were foundational treatises in India and comprise texts considered authoritative legal guidance.91 Manu's central philosophy was tolerance and Pluralism and was cited across Southeast Asia.92 This Hindu tradition along with Islamic law was supplanted by the common law when India became part of the British Empire.93 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.94 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.95 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.96 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.97 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.98 Furthermore after negotiations lasting fifteen years in 2001 China joined the World Trade Organisation.99 Philosophy of law Main article: Jurisprudence "But what after all is a law ... When I say that the object of laws is always general I mean that law considers subjects en masse and actions in the abstract and never a particular person or action. ... On this view we at once see that it can no longer be asked whose business it is to make laws since they are acts of the general will; nor whether the prince is above the law since he is a member of the State; nor whether the law can be unjust since no one is unjust to himself; nor how we can be both free and subject to the laws since they are but registers of our wills." Jean-Jacques Rousseau The Social Contract II 6.100 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".101 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 impulseas Aristotle had indicatedand reason.102 Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature".103 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".104 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".105106107 In 1934 the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law.108 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.109 Therefore Schmitt advocated a jurisprudence of the exception (state of emergency) which denied that legal norms could encompass of all political experience.110 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.111 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"112 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.113 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.114 Economic analysis of law Main article: Law and economics In the 18th century Adam Smith presented a philosophical foundation for explaining the relationship between law and economics.115 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.116 Richard Posner one of the Chicago School runs a blog with Bank of Sweden Prize winning economist Gary Becker.117 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.118 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.119 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.39 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.120 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.121 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.122 Sociology of law Main article: Sociology of law 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.123 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.124125 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.126 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.123 Another sociologist mile 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.127 Other notable early legal sociologists included Hugo Sinzheimer Theodor Geiger Georges Gurvitch and Leon Petraycki in Europe and William Graham Sumner in the U.S.128129 Legal institutions It is a real unity of them all in one and the same person made by covenant of every man with every man in such manner as if every man should say to every man: I authorise and give up my right of governing myself to this man or to this assembly of men on this condition; that thou givest up thy right to him and authorise all his actions in like manner. Thomas Hobbes Leviathan XVII 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.130 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.131 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 Main article: Judiciary 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;132 in Australia the High Court; in the UK the Supreme Court;133 in Germany the Bundesverfassungsgericht; in France the Cour de Cassation.134135 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.136 The judges of the International Court of Justice in the Hague Some countries allow their highest judicial authority to overrule legislation they determined as unconstitutional. In Roe v Wade the U.S. Supreme Court overturned a Texas law which forbade the granting of assistance to women seeking abortion.137 The U.S.'s constitution's fourteenth amendment was interpreted to give Americans a right to privacy and thus a woman's right to choose abortion. A judiciary is theoretically bound by the constitution much as legislative 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.138 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.139 In Muslim countries courts often examine whether state laws adhere to the Sharia: the Supreme Constitutional Court of Egypt may invalidate such laws140 and in Iran the Guardian Council ensures the compatibility of the legislation with the "criteria of Islam".140141 Legislature Main article: Legislature 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 Assemble 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. 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 Main article: Executive (government) 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. 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.144145 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 Main articles: Military and Police 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 Medival England's system of traveling criminal courts or assizes used show trials and public executions to instill communities with fear to maintain control.146 The first modern police were probably those in 17th-century Paris in the court of Louis XIV147 although the Paris Prefecture of Police claim they were the world's first uniformed policemen.148 Max Weber famously argued that the state is that which controls the legitimate monopoly of the means of violence.149150 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.151 Bureaucracy Main article: Bureaucracy 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).152 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.153 Cynicism over "officialdom" is still common and the workings of public servants is typically contrasted to private enterprise motivated by profit.154 In fact private companies especially large ones also have bureaucracies.155 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.155 Writing in the early 20th century Max Weber believed that a definitive feature of a developed state had come to be its bureaucratic support.156 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.157 Legal profession Main article: Legal profession 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.158 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 corollaryin England the function of barrister or advocate is distinguished from legal counselor (solicitor).159 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.160 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 degree161) 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.162 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.163 Once accredited a lawyer will often work in a law firm in a chambers as a sole practitioner in a government post or in a private corporation as an internal counsel. In addition a lawyer may become a legal researcher who provides on-demand legal research through a library a commercial service or through freelance work. Many people trained in law put their skills to use outside the legal field entirely. Significant to the practice of law in the common law tradition is the legal research to determine the current state of the law. This usually entails exploring case-law reports legal periodicals and legislation. Law practice also involves drafting documents such as court pleadings persuasive briefs contracts or wills and trusts. Negotiation and dispute resolution skills (including ADR techniques) are also important to legal practice depending on the field.164 Civil society Main article: Civil society 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.165 Locke saw civil society as people who have "a common established law and judicature to appeal to with authority to decide controversies between them."166 German philosopher Georg Wilhelm Friedrich Hegel distinguished the "state" from "civil society" (burgerliche Gesellschaft) in Elements of the Philosophy of Right.167 Hegel believed that civil society and the state were polar opposites within the scheme of his dialectic theory of history. The modern dipole statecivil society was reproduced in the theories of Alexis de Tocqueville and Karl Marx.168169 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.170 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.171 See also Law portal Book: Law Wikipedia Books are collections of articles that can be downloaded or ordered in print. Main article: Outline of law Human rights Economics History Political science Philosophy Notes Hamilton Marci. God vs. the Gavel page 296 (Cambridge University Press 2005): The symbol of the judicial system seen in courtrooms throughout the United States is blindfolded Lady Justice. Fabri Marco. The challenge of change for judicial systems page 137 (IOS Press 2000): the judicial system is intended to be apolitical its symbol being that of a blindfolded Lady Justice holding balanced scales. Luban Law's Blindfold 23 From Old English lagu "Words of Mel"; legal comes from Latin legalis from lex "law" "statute" (Law Online Etymology Dictionary; Legal Merriam-Webster's Online Dictionary) Robertson Crimes against humanity 90; see "analytical jurisprudence" for extensive debate on what law is; in The Concept of Law Hart argued law is a "system of rules" (Campbell The Contribution of Legal Studies 184); Austin said law was "the command of a sovereign backed by the threat of a sanction" (Bix John Austin); Dworkin describes law as an "interpretive concept" to achieve justice (Dworkin Law's Empire 410); and Raz argues law is an "authority" to mediate people's interests (Raz The Authority of Law 336). The original French is: "La loi dans un grand souci d'galit interdit aux riches comme aux pauvres de coucher sous les ponts de mendier dans les rues et de voler du pain" (France The Red Lily Chapter VII). Although many scholars argue that "the boundaries between public and private law are becoming blurred" and that this distinction has become mere "folklore" (Bergkamp Liability and Environment 12). E.g. in England these seven subjects with EU law substituted for international law make up a "qualifying law degree". For criticism see Peter Birks' poignant comments attached to a previous version of the Notice to Law Schools. History of the UN United Nations. Winston Churchill (The Hinge of Fate 719) comments on the League of Nations' failure: "It was wrong to say that the League failed. It was rather the member states who had failed the League." The prevailing manner of enforcing international law is still essentially "self help"; that is the reaction by states to alleged breaches of international obligations by other states (Robertson Crimes against Humanity 90; Schermers-Blokker International Institutional Law 900901). Petersmann The GATT/WTO Dispute Settlement System 32 Redfem International Commercial Arbitration 6869 SchermersBlokker International Institutional Law 943 See the fundamental C-26/62 Van Gend en Loos v Nederlanse Administratie Der Belastingen and Flaminio Costa v E.N.E.L. decisions of the European Court. Entick v Carrington (1765) 19 Howell's State Trials 1030; 1765 95 ER 807 "Entick v Carrington". 19 Howells State Trials 1029 (1765). USA: Constitution Society. http://www.constitution.org/trials/entick/entickvcarrington.htm. Retrieved 2008-11-13.  Locke The Second Treatise Chapter 9 section 124 Tamanaha On the Rule of Law 47 Auby Administrative Law in France 75 Cesare Beccaria's seminal treatise of 17631764 is titled On Crimes and Punishments (Dei delitti e delle pene). a b Brody Acker and Logan Criminal Law 2; Wilson Criminal Law 2 Brody Acker and Logan Criminal Law 2 See e.g. Brody Acker and Logan Criminal Law 205 about Robinson v California 370 U.S. 660 (1962). See e.g. Feinman Law 111 260261 about Powell v Texas 392 U.S. 514 (1968). Drmann Doswald-Beck and Kolb Elements of War Crimes 491 Kaiser Leistungsstrungen 333 About R v Dudley and Stephens 1884 14 QBD 273 DC see Simpson Cannibalism and the Common Law 212217 229237 Pelser Criminal Legislation 198 The States Parties to the Rome Statute International Criminal Court Wehberg Pacta Sunt Servanda 775 About Carlill v Carbolic Smoke Ball Company 1893 1 QB 256 and the element of consideration see Beale and Tallon Contract Law 142143 Austotel v Franklins (1989) 16 NSWLR 582 e.g. In Germany 311 Abs. II BGB 105 Abs. II BGB Smith The Structure of Unjust Enrichment Law 1037 Bolton v Stone 1951 AC 850 a b Donoghue v Stevenson (1932 A.C. 532 1932 S.C. (H.L.) 31 1932 All ER Rep 1). See the original text of the case in UK Law Online. Donoghue v Stevenson 1932 AC 532 580 a b Sturges v Bridgman (1879) 11 Ch D 852 e.g. concerning a British politician and the Iraq War George Galloway v Telegraph Group Ltd 2004 EWHC 2786 Taff Vale Railway Co v Amalgamated Society of Railway Servants 1901 AC 426 In the UK Trade Union and Labour Relations (Consolidation) Act 1992; c.f. in the U.S. National Labor Relations Act Harris The Bubble Act 610627 eg Hunter v Canary Wharf Ltd 1997 2 All ER 426 Armory v Delamirie (1722) 93 ER 664 1 Strange 505 Matthews The Man of Property 251274 Savigny Das Recht des Besitzes 25 Locke Second Treatise on Civil Government Chap. IX. Of the Ends of Political Society and Government. Chapter 9 section 123. McGhee Snell's Equity 7 c.f. Bristol and West Building Society v Mothew 1998 Ch 1 Keech v Sandford (1726) Sel Cas Ch 61 Nestl v National Westminster Bank plc 1993 1 WLR 1260 A Guide to the Treaty of Lisbon The Law Society Berle Modern Corporation and Private Property WIPO Intellectual Property 3 Modern scholars argue that the significance of this distinction has progressively declined; the numerous legal transplants typical of modern law result in the sharing by modern legal systems of many features traditionally considered typical of either common law or civil law (Mattei Comparative Law and Economics 71) Civil law jurisdictions recognise custom as "the other source of law"; hence scholars tend to divide the civil law into the broad categories of "written law" (ius scriptum) or legislation and "unwritten law" (ius non scriptum) or custom. Yet they tend to dismiss custom as being of slight importance compared to legislation (Georgiadis General Principles of Civil Law 19; Washofsky Taking Precedent Seriously 7). Gordley-von Mehren Comparative Study of Private Law 18 Gordley-von Mehren Comparative Study of Private Law 21 Stein Roman Law in European History 32 Stein Roman Law in European History 35 Stein Roman Law in European History 43 Hatzis The Short-Lived Influence of the Napoleonic Civil Code in Greece 253263 Demirg-Kunt -Levine Financial Structures and Economic Growth 204 The World Factbook  Field Listing  Legal system CIA Magna Carta Fordham University Gordley-von Mehren Comparative Study of Private Law 4 Gordley-von Mehren Comparative Study of Private Law 3 Pollock (ed) Table Talk of John Selden (1927) 43; "Equity is a roguish thing. For law we have a measure... equity is according to the conscience of him that is Chancellor and as that is longer or narrower so is equity. 'Tis all one as if they should make the standard for the measure a Chancellor's foot." Gee v Pritchard (1818) 2 Swans. 402 414 Blackstone Commentaries on the Laws of England Book the First  Chapter the First Gordley-von Mehren Comparative Study of Private Law 17 Glenn Legal Traditions of the World 159 Anderson Law Reform in the Middle East 43 Giannoulatos Islam 274275 Sherif Constitutions of Arab Countries 157158 Saudi Arabia Jurist Akhlagi Iranian Commercial Law 127 Hallaq The Origins and Evolution of Islamic Law 1 Thodorids. "law". Encyclopedia of the Archaeology of Ancient Egypt.  VerSteeg Law in ancient Egypt Richardson Hammurabi's Laws 11 Kelly A Short History of Western Legal Theory 56 J.P. Mallory "Law" in Encyclopedia of Indo-European Culture 346 Ober The Nature of Athenian Democracy 121 Kelly A Short History of Western Legal Theory 39 Stein Roman Law in European History 1 As a legal system Roman law has affected the development of law worldwide. It also forms the basis for the law codes of most countries of continental Europe and has played an important role in the creation of the idea of a common European culture (Stein Roman Law in European History 2 104107). Sealey-Hooley Commercial Law 14 Mattei Comparative Law and Economics 71 For discussion of the composition and dating of these sources see Olivelle Manu's Code of Law 1825. Glenn Legal Traditions of the World 276 Glenn Legal Traditions of the World 273 Glenn Legal Traditions of the World 287 Glenn Legal Traditions of the World 304 Glenn Legal Traditions of the World 305 Glenn Legal Traditions of the World 307 Glenn Legal Traditions of the World 309 Farah Five Years of China WTO Membership 263304 Rousseau The Social Contract Book II: Chapter 6 (Law) Bix John Austin Fritz Berolzheimer The World's Legal Philosophies 115116 Kant Immanuel Groundwork of the Metaphysics of Morals 42 (par. 434) Green Legal Positivism Nietzsche Zur Genealogie der Moral Second Essay 11 Kazantzakis Friedrich Nietzsche and the Philosophy of Law 9798 Linarelli Nietzsche in Law's Cathedral 2326 Marmor The Pure Theory of Law Bielefeldt Carl Schmitt's Critique of Liberalism 2526 Finn Constitutions in Crisis 170171 Bayles Hart's Legal Philosophy 21 Dworkin Law's Empire 410 Raz The Authority of Law 336 Raz The Authority of Law 37 etc. According to Malloy (Law and Economics 114) Smith established "a classical liberal philosophy that made individuals the key referential sign while acknowledging that we live not alone but in community with others". Jakoby Economic Ideas and the Labour Market 53 "The Becker-Posner Blog". http://uchicagolaw.typepad.com/beckerposner/. Retrieved 2010-05-20.  Coase The Nature of the Firm 386405 Coase The Problem of Social Cost 144 Coase The Problem of Social Cost IV 7 Coase The Problem of Social Cost V 9 Coase The Problem of Social Cost VIII 23 a b Jary Collins Dictionary of Sociology 636 Rottleuthner La Sociologie du Droit en Allemagne 109 Rottleuthner Rechtstheoritische Probleme der Sociologie des Rechts 521 Rheinstein Max Weber on Law and Economy in Society 336 Johnson The Blackwell Dictionary of Sociology 156 Gurvitch Sociology of Law 142 Papachristou Sociology of Law 8182 Montesquieu The Spirit of Laws Book XI: Of the Laws Which Establish Political Liberty with Regard to the Constitution Chapters 67 Thomas Hobbes Leviathan XVII A Brief Overview of the Supreme Court Supreme Court of the United States House of Lords Judgments House of Lords Entscheidungen des Bundesverfassungsgerichts Bundesverfassungsgericht Jurisprudence publications documentation Cour de cassation Goldhaber European Court of Human Rights 12 Roe v Wade (1973) 410 U.S. 113 Retrieved 2007-01-26 Dicey Law of the Constitution 3782 E.g. the court president is a political appointee (JensenHeller Introduction 1112). About the notion of "judicial independence" in China see Findlay Judiciary in the PRC 282284 a b Sherif Constitutions of Arab Countries 158 Rasekh Islamism and Republicanism 115116 Riker The Justification of Bicameralism 101 About "cabinet accountability" in both presidential and parliamentary systems see ShugartHaggard Presidential Systems 67 etc. Haggard Presidents Parliaments and Policy 71 Olson The New Parliaments of Central and Eastern Europe 7 See eg Tuberville v Savage (1669) 1 Mod. Rep. 3 86 Eng. Rep. 684 where a knight said in a threatening tone to a layman "If it were not assize time I would not take such language from you." History of Police Forces History.com Encyclopedia Des Sergents de Ville et Gardiens de la Paix la Police de Proximit La Prfecture de Police Weber Politics as a Vocation Weber The Theory of Social and Economic Organisation 154 In these cases sovereignty is eroded and often warlords acquire excessive powers (Fukuyama State-Building 166167). Bureaucracy Online Etymology Dictionary Albrow Bureaucracy 16 Mises Bureaucracy II Bureaucratic Management a b Kettl Public Bureaucracies 367 Weber Economy and Society I 393 Kettl Public Bureaucracies 371 HazardDondi Legal Ethics 22 HazardDondi Legal Ethics 1 The Sunday Times v The United Kingdom 1979 ECHR 1 at 49 Case no. 6538/74 Higher academic degrees may also be pursued. Examples include a Master of Laws a Master of Legal Studies or a Doctor of Laws. Ahamd Lawyers: Islamic Law HazardDondi Legal Ethics 2223 Fine The Globalisation of Legal Education 364 Warren Civil Society 34 Locke Second Treatise Chap. VII Of Political or CivilSociety. Chapter 7 section 87 Hegel Elements of the Philosophy of Right 3 II 182; Karkatsoulis The State in Transition 277278 (Pelczynski The State and Civil Society 113; Warren Civil Society 59) Zaleski Pawel (2008). "Tocqueville on Civilian Society. A Romantic Vision of the Dichotomic Structure of Social Reality". Archiv fr Begriffsgeschichte (Felix Meiner Verlag) 50.  Robertson Crimes Against Humanity 9899 There is no clear legal definition of the civil society and of the institutions it includes. Most of the institutions and bodies who try to give a list of institutions (such as the European Economic and Social Committee) exclude the political parties. For further information see Jakobs Pursuing Equal Opportunities 56; KaldorAnheierGlasius Global Civil Society passim (PDF); Karkatsoulis The State in Transition 282283. References Printed sources Ahmad Ahmad Atif. "Lawyers: Islamic Law" (PDF). Oxford Encyclopedia of Legal History. Oxford University Press. http://www.macalester.edu/ahmad/Lawyers.pdf.  Akhlaghi Behrooz (2005). "Iranian Commercial Law and the New Investment Law FIPPA". In Yassari Nadjma. The Shara in the Constitutions of Afghanistan Iran and Egypt. Mohr Siebeck. ISBN 3-16-148787-7.  Albrow Martin (1970). Bureaucracy (Key Concepts in Political Science). London: Palgrave Macmillan. 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