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Law is a set of rules that are created and enforced by governmental or societal 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 legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. 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. Religious law is in use in some religious communities and states, and has historically influenced secular law.
Marwa Ali El-Sherbini (Arabic: مروة على الشربيني), was an Egyptian woman and German resident who was killed in 2009 during an appeal hearing at a court of law in Dresden, Germany, when she was three months pregnant. She was stabbed by Alex Wiens, an ethnic German immigrant from Russia against whom she had testified in a criminal case for verbal abuse. El-Sherbini's husband, who was present at the hearing, tried to intervene. He too was repeatedly stabbed by Wiens and was then mistakenly shot and wounded by a police officer who was called to the court room. Wiens was arrested at the crime scene and subsequently tried for murder and attempted murder. He was found guilty of both charges; it was also found that Wiens's actions constituted a heinous crime, because they were committed in front of a child, against two people, in a court of law, and fulfilled the murder criterion of treacherousness, such as hatred against foreigners. Wiens was sentenced to life imprisonment.
The death of El-Sherbini immediately resulted in international reactions, with the most vocal responses coming from predominantly Muslim nations. The Egyptian public and media focused attention on the religious and racial hatred aspect of the killing, especially as the initial confrontation between the victim and perpetrator had happened because she wore an Islamic headscarf. In response to anti-German sentiments and public protests in Egypt and other countries, the German government issued a statement of condolence nine days after the incident. Wiens's trial for murder and attempted murder occurred under strict security measures and was observed by national and international media, diplomats and legal experts. (Full article...)
After attending college and law school, Minton served as a captain in World War I, following which he launched a legal and political career. In 1930, after multiple failed election attempts, and serving as a regional leader in the American Legion, he became a utility commissioner under the administration of Paul V. McNutt, Governor of Indiana. Four years later, Minton was elected to the United States Senate. During the campaign, he defended New Deal legislation in a series of addresses in which he suggested it was not necessary to uphold the United States Constitution during the Great Depression. Minton's campaign was denounced by his political opponents, and he received more widespread criticism for an address that became known as the "You Cannot Eat the Constitution" speech. As part of the New Deal Coalition, Minton championed President Franklin D. Roosevelt's unsuccessful court packing plans in the Senate and became one of his top Senate allies.
After Minton failed in his 1940 Senate reelection bid, Roosevelt appointed him as a United States circuit judge of the United States Court of Appeals for the Seventh Circuit. After Roosevelt's death, President Harry S. Truman, who had developed a close friendship with Minton during their time together in the Senate, nominated him to the Supreme Court. He was confirmed by the Senate on October 4, 1949, by a vote of 48 to 16, 15 Republicans and one Democrat (Harry Flood Byrd of Virginia) voting against him. He served on the Supreme Court for seven years. An advocate of judicial restraint, Minton was a regular supporter of the majority opinions during his early years on the Court; he became a regular dissenter after President Dwight Eisenhower's appointees altered the court's composition. In 1956, poor health forced Minton to retire, after which he traveled and lectured until his death in 1965. To date, he is the last member of the United States Congress to be named to the Supreme Court. (Full article...)
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. They are also distinguished from secondary legislation, or regulations, that are issued by an executive body under authority granted by a statute. Depending on the legal system, a statute may also be referred to as an "act". (Full article...)
The Ordinances of 1311 (The New Ordinances, Norman: Les noveles Ordenances) were a series of regulations imposed upon King Edward II by the peerage and clergy of the Kingdom of England to restrict the power of the English monarch. The twenty-one signatories of the Ordinances are referred to as the Lords Ordainers, or simply the Ordainers. English setbacks in the Scottish war, combined with perceived extortionate royal fiscal policies, set the background for the writing of the Ordinances in which the administrative prerogatives of the king were largely appropriated by a baronial council. The Ordinances reflect the Provisions of Oxford and the Provisions of Westminster from the late 1250s, but unlike the Provisions, the Ordinances featured a new concern with fiscal reform, specifically redirecting revenues from the king's household to the exchequer.
Just as instrumental to their conception were other issues, particularly discontent with the king's favourite, Piers Gaveston, whom the barons subsequently banished from the realm. Edward II accepted the Ordinances only under coercion, and a long struggle for their repeal ensued that did not end until Earl Thomas of Lancaster, the leader of the Ordainers, was executed in 1322. (Full article...)
Case 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. The term is often used interchangeably with common law. (Full article...)
In 1817, Abraham Thornton was charged with the murder of Mary Ashford. Thornton had met Ashford at a dance and had walked with her from the event. The next morning, she was found drowned in a pit with little evidence of violence. Public opinion was heavily against Thornton, but the jury quickly acquitted him of both murder and rape.
Mary's brother William Ashford launched an appeal, and Thornton was rearrested. Thornton claimed the right to trial by battle, a medieval usage that had never been abolished by Parliament. Ashford argued that the evidence against Thornton was overwhelming and that he was thus ineligible to wage battle.
The court decided that the evidence against Thornton was not overwhelming, and that therefore trial by battle was a permissible option under law. William Ashford declined the offer of battle, however, and Thornton was freed from custody in April 1818. Appeals such as Ashford's were abolished by statute in 1819, and with them the right to trial by battle. (Full article...)
... that President Ieremia Tabai of Kiribati was elected in 1978, 1982, 1983 and 1987, although his eligibility for the fourth term was subject to a legal challenge?
India's Election Commission orders a review of its voter-roll software after concerns arise over changes that excluded millions of voters. A committee will examine whether the software complied with election laws and rules. (Reuters)
Image 2Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law)
Image 3The 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)
Image 4King John of England signs the Magna Carta. (from Legal history)
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