Portal:Law

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Lady Justice, often used as a personification of the law, holding a sword in one hand and scales in the other.

Law is a set of rules that are created and are 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...)

Selected article

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 (1373–1842) was a notorious prison in Southwark, just south of the River Thames. Although it housed a variety of prisoners—including men accused of crimes at sea and political figures charged with sedition—it became known, in particular, for its incarceration of the poorest of London's debtors. Over half of England's prisoners in the 18th century were in jail because of debt.

Run privately for profit, as were all English prisons until the 19th century, the Marshalsea looked like an Oxbridge college and functioned as an extortion racket. Debtors in the 18th century who could afford the prison fees had access to a bar, shop and restaurant, and retained the crucial privilege of being allowed out during the day, which gave them a chance to earn money for their creditors. Everyone else was crammed into one of nine small rooms with dozens of others, possibly for years for the most modest of debts, which increased as unpaid prison fees accumulated. The poorest faced starvation and, if they crossed the jailers, torture with skullcaps and thumbscrews. A parliamentary committee reported in 1729 that 300 inmates had starved to death within a three-month period, and that eight to ten were dying every 24 hours in the warmer weather.

The prison became known around the world in the 19th century through the writing of the English novelist Charles Dickens, whose father was sent there in 1824, when Dickens was 12, for a debt to a baker. Forced as a result to leave school to work in a factory, Dickens based several of his characters on his experience, most notably Amy Dorrit, whose father is in the Marshalsea for debts so complex no one can fathom how to get him out. (Full article...)

Selected biography

Black and white drawing of a man

Thomas Jefferson Hogg (24 May 1792 – 27 August 1862) was a British barrister and writer best known for his friendship with the Romantic poet Percy Bysshe Shelley. Hogg was raised in County Durham, but spent most of his life in London. He and Shelley became friends while studying at University College, Oxford, and remained close until Shelley's death. During their time at Oxford they collaborated on several literary projects, culminating in their joint expulsion following the publication of an essay titled "The Necessity of Atheism". They remained good friends, but their relationship was sometimes strained because of Hogg's attraction to the women who were romantically involved with Shelley.

Hogg became a barrister and met Jane Williams, who had become a close friend of Percy Shelley's shortly before the poet's death. Jane became Hogg's common-law wife and they had two children together. The family settled in London, although Hogg's legal career meant that he often had to travel away from home.

While living in London Hogg made the acquaintance of several well-known writers, and he published literary works of his own. He studied Greek literature for much of his life and published several articles on the subject, including two entries in the Encyclopædia Britannica. Most of the fiction he wrote was poorly reviewed. His best-known literary work was The Life of Percy Bysshe Shelley, an unfinished biography of the poet. Although the book was well researched and painted a clear picture of Shelley as a young man, it was criticised for portraying him negatively.

Hogg was well connected with Whig politicians. He received an appointment to a government commission on municipal corporations and became a revising barrister. His legal career was moderately successful, but he was often frustrated by his failure to attain his goal of becoming a professor or judge. Nevertheless, he was able to provide for his family thanks to an inheritance and the income from his legal career. (Full article...)

Selected statute

A statute is a formal written enactment of a 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...)


A photograph of a prison cell

Article 9 of the Constitution of the Republic of Singapore, specifically Article 9(1), guarantees the right to life and the right to personal liberty. The Court of Appeal has called the right to life the most basic of human rights, but has yet to fully define the term in the Constitution. Contrary to the broad position taken in jurisdictions such as Malaysia and the United States, the High Court of Singapore has said that personal liberty only refers to freedom from unlawful incarceration or detention.

Article 9(1) states that persons may be deprived of life or personal liberty "in accordance with law". In Ong Ah Chuan v. Public Prosecutor (1980), an appeal to the Judicial Committee of the Privy Council from Singapore, it was held that the term law means more than just legislation validly enacted by Parliament, and includes fundamental rules of natural justice. Subsequently, in Yong Vui Kong v. Attorney-General (2011), the Court of Appeal held that such fundamental rules of natural justice embodied in the Constitution are the same in nature and function as common law rules of natural justice in administrative law, except that they operate at different levels of the legal order. A related decision, Yong Vui Kong v. Public Prosecutor (2010), apparently rejected the contention that Article 9(1) entitles courts to examine the substantive fairness of legislation, though it asserted a judicial discretion to reject bills of attainder and absurd or arbitrary legislation. In the same case, the Court of Appeal held that law in Article 9(1) does not include rules of customary international law.

Other subsections of Article 9 enshrine rights accorded to persons who have been arrested, namely, the right to apply to the High Court to challenge the legality of their detention, the right to be informed of the grounds of arrest, the right to counsel, and the right to be produced before a magistrate within 48 hours of arrest. These rights do not apply to enemy aliens or to persons arrested for contempt of Parliament. The Constitution also specifically exempts the Criminal Law (Temporary Provisions) Act (Cap. 67, 2000 Rev. Ed.), the Internal Security Act (Cap. 143, 1985 Rev. Ed.), and Part IV of the Misuse of Drugs Act (Cap. 185, 2008 Rev. Ed.) from having to comply with Article 9. (Full article...)

Did you know...

Image of a courthouse.

  • ... that English gynaecologist Margaret Puxon, who started studying law to prevent boredom while on maternity leave, eventually became a barrister?

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Selected case

Case law, also used interchangeably with 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...)


Heraldry

Greene v Associated Newspapers Ltd [2004] EWCA Civ 1462 is a case of the Court of Appeal of England and Wales that governs the use of injunctions against publication in alleged defamation cases. Greene, a businesswoman, sought an injunction against Associated Newspapers Ltd to prevent them publishing alleged links with Peter Foster; while they claimed to have emails showing links, she asserted that they were false. The test at the time for a preliminary injunction in defamation cases was Bonnard v Perryman, where it was established that the applicant has to show "a real prospect of success" at trial. The Human Rights Act 1998 established that judges should consider whether applicants are "more likely than not" to succeed at trial, a test applied to confidentiality cases in Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd. Greene claimed that the Cream test should be applied rather than the Bonnard test.

The case first went to the High Court of Justice, where it was heard by Fulford J; he decided that he did not have the authority to overrule Bonnard, and passed the case on to the Court of Appeal after granting a temporary injunction. In the Court of Appeal, the case was heard by May, Dyson and Brooke LJJ, with Brooke delivering the judgment on 5 November 2004. In it, Brooke judged that defamation, the subject of Greene, was significantly different from breach of confidentiality, the subject in Cream. While the damage from a breach of confidentiality can never be undone, justifying a simple test for issuing injunctions, a defamation case that is won vindicates the injured party. Making it easier to grant injunctions in defamation cases would damage the delicate balance between freedom of the press and the right to privacy; as such, despite the Human Rights Act, Bonnard is still a valid test. (Full article...)

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