Lady Justice , often used as a personification of the law, holding a sword in one hand and scales in the other.Law enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes ; by the executive through decrees and regulations ; or established by judges through precedent , usually in common law jurisdictions. Private individuals may create legally binding contracts , including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution , written or tacit, and the rights encoded therein. The law shapes politics , economics , history and society in various ways and also serves as a mediator of relations between people.
Legal systems vary between jurisdictions , with their differences analysed in comparative law . In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent , although on occasion this may be overturned by a higher court or the legislature. Historically, religious law has influenced secular matters and is, as of the 21st century, still in use in some religious communities. Sharia law based on Islamic principles is used as the primary legal system in several countries, including Iran and Saudi Arabia .
The scope of law can be divided into two domains: public law concerns government and society, including constitutional law , administrative law , and criminal law ; while private law deals with legal disputes between parties in areas such as contracts , property , torts , delicts and commercial law . This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts ; by contrast, the public-private law divide is less pronounced in common law jurisdictions. (Full article...
The County Court of England and Wales dates back to the County Courts Act 1846 (9 & 10 Vict. c. 95), which received royal assent on 28 August 1846 and was brought into force on 15 March 1847.
England and Wales (with the exception of the City of London , which was outside the scope of the Act) were divided into 60 circuits, with a total of 491 county courts within these circuits. The then Lord Chancellor , Lord Cottenham , wanted everyone to be within seven miles of a court, and the final scheme came close to that aim. One county court judge was appointed to each circuit, assisted by one or more registrars with some limited judicial powers, and would travel between the courts in his area as necessary, sitting in each court at least once a month. Few permanent courts were needed initially, given the infrequency of court hearings, and temporary accommodation such as a town hall would often be used where there was no existing courthouse for use. In some places, a building is now shared with the Crown Court (as at Maidstone Combined Court Centre, for example), the Family Court , or a magistrates' court . The judicial business of the County Court is now carried out by circuit judges (a term introduced by the Courts Act 1971 ) and district judges (as the post of registrar was renamed by section 74 of the Courts and Legal Services Act 1990 ). Part-time judges (recorders , deputy district judges and some retired judges) also sit in the county court. As at 1 April 2015, there are 640 circuit judges and 441 district judges.
The system of 60 circuits was abolished in 1970. Over time, whilst new courts have been opened in various locations, there has been an overall reduction in the number of locations where a county court is held. In June 2010, the Ministry of Justice announced plans to close 54 county courts and 103 magistrates' courts, in order to save £15m in annual running costs and £22m in necessary maintenance. After consultation, it was decided to keep five of these county courts open: Barnsley, Bury, Llangefni, the Mayor's and City of London Court , and Skipton. From 22 April 2014, the Crime and Courts Act 2013 replaced the previous system of county courts for different localities with one County Court that operates throughout England and Wales, sitting in multiple locations simultaneously. In July 2015, further proposals to close nineteen County Court venues were announced. (Full article...
Alfred Thompson Denning, Baron Denning OM , PC , DL barrister and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice , and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords .
Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". One of Lord Denning's successors as Master of the Rolls, Lord Bingham , called him "the best known and best loved judge in our history". Denning's appellate work in the Court of Appeal did not concern criminal law. Mark Garnett and Richard Weight argue that Denning was a conservative Christian who "remained popular with morally conservative Britons who were dismayed at the postwar rise in crime and who, like him, believed that the duties of the individual were being forgotten in the clamour for rights. He had a more punitive than redemptive view of criminal justice, as a result of which he was a vocal supporter of corporal and capital punishment." However, he changed his stance on capital punishment in later life.
Denning became one of the highest profile judges in England in part because of his report on the Profumo affair . He was known for his bold judgments running counter to the law at the time. During his 38-year career as a judge, he made large changes to the common law, particularly while in the Court of Appeal, and although some of his decisions were overturned by the House of Lords several of them were confirmed by Parliament, which passed statutes in line with his judgments. Appreciated for his role as "the people's judge" and his support for the individual, Denning attracted attention for his occasionally flexible attitude to the common law principle of precedent . He commented controversially about the Birmingham Six and Guildford Four . (Full article...
A statute legislative body, a stage in the process of legislation . Typically, statutes command or prohibit something, or declare policy . Statutes are laws made by legislative bodies; they are distinguished from case law or precedent , which is decided by courts , regulations issued by government agencies , and oral or customary law .[better source needed Statutes may originate with the legislative body of a country, state or province, county, or municipality . (Full article...
The Obscene Publications Act 1959 7 & 8 Eliz. 2 . c. 66) is an Act of Parliament of the United Kingdom Parliament , which significantly reformed the law related to obscenity in England and Wales . Before the passage of the Act, the law on publishing obscene materials was governed by the common-law case of R v Hicklin artistic merit or the public good. During the 1950s, the Society of Authors formed a committee to recommend reform of the existing law, submitting a draft bill to the Home Office in February 1955. After several failed attempts to push a bill through Parliament, a committee wrote a viable bill, which was introduced to Parliament by Roy Jenkins and given royal assent on 29 July 1959, coming into force on 29 August 1959 as the Obscene Publications Act 1959. With the committee consisting of both censors and reformers, the actual reform of the law was limited, with several extensions of police powers included in the final version.
The Act created a new offence, that of publishing obscene material, and abolished the common-law offence of publishing obscene materials, which was previously used. The Act also allows Justices of the Peace to issue warrants for the police seizure of such materials. It also creates two defences, those of innocent dissemination and of the public good. The Act has been used in several high-profile cases, such as the trials of Penguin Books for publishing Lady Chatterley's Lover Oz Schoolkids OZ Full article...
... that although Elizabeth Richards Tilton (pictured) was a central figure in a six-month-long trial, she was never allowed to speak in court?
Case law common law , is a law that is based on precedents , that is the judicial decisions from previous cases, rather than law based on constitutions , statutes , or regulations . Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals . These past decisions are called "case law", or precedent. Stare decisis —a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (Full article...
Lawrence v. Texas landmark decision of the U.S. Supreme Court in which the Court ruled that U.S. state laws criminalizing sodomy between consenting adults are unconstitutional . The Court reaffirmed the concept of a "right to privacy " that earlier cases had found the U.S. Constitution provides, even though it is not explicitly enumerated . It based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with any or all forms of private sexual activities between consenting adults.
In 1998, John Geddes Lawrence Jr., an older white man, was arrested along with Tyron Garner, a younger black man, at Lawrence's apartment in Harris County , Texas . Garner's former boyfriend had called the police, claiming that there was a man with a weapon in the apartment. Sheriff's deputies said they found the men engaging in sexual intercourse. Lawrence and Garner were charged with a misdemeanor under Texas' anti-sodomy law ; both pleaded no contest and received a fine. Assisted by the American civil rights organization Lambda Legal , Lawrence and Garner appealed their sentences to the Texas Courts of Appeals , which ruled in 2000 that the sodomy law was unconstitutional. Texas appealed to have the court rehear the case en banc Texas Court of Criminal Appeals , which denied his request for appeal. Lawrence then appealed to the U.S. Supreme Court, which agreed to hear his case.
The Supreme Court struck down the sodomy law in Texas in a 6–3 decision, and by extension invalidated sodomy laws in 13 other states, making all forms of private, consensual non-procreative sexual activities between two consenting individuals of either sex (especially of the same sex) legal in every U.S. state and territory . The Court, with a five-justice majority, overturned its previous ruling on the same issue in the 1986 case Bowers v. Hardwick Georgia statute and did not find a constitutional protection of sexual privacy . It explicitly overruled Bowers , holding that it had viewed the liberty interest too narrowly. The Court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution . Lawrence invalidated similar laws throughout the United States that criminalized sodomy between consenting adults acting in private, whatever the sex of the participants. (Full article...
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The following are images from various law-related articles on Wikipedia.
Image 1 Bentham's utilitarian theories remained dominant in law until the twentieth century. (from
Jurisprudence )
Image 2 Plato (left) and
Aristotle (right), a detail of
The School of Athens (from
Jurisprudence )
Image 3 Lady Justice (Latin:
Justicia ), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from
Judiciary )
Image 4 Gratian (from
Judiciary )
Image 5 Philosophers of law ask "what is law, and what should it be?" (from
Jurisprudence )
Image 7 Mill believed law should create happiness. (from
Jurisprudence )
Image 8 King John of England signs the Magna Carta (from
Legal history )
Image 9 Image of pages from the
Decretum of
Burchard of Worms , an 11th-century book of canon law (from
Canon law )
Image 10 Corpus Iuris Civilis , 1607 (from
Judiciary )
Image 11 Oliver Wendell Holmes was a self-styled legal realist. (from
Jurisprudence )
Image 12 Thomas Aquinas was the most influential Western medieval legal scholar. (from
Jurisprudence )
Image 14 The
Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words (from
Legal history )
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