Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent in common law jurisdictions. Private individuals can create binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process; the formation of laws themselves may be influenced by a constitution, written or tacit, the rights encoded therein. The law shapes politics, economics and society in various ways and serves as a mediator of relations between people. A general distinction can be made between civil law jurisdictions, in which a legislature or other central body codifies and consolidates their laws, common law systems, where judge-made precedent is accepted as binding law.
Religious laws played a significant role in settling of secular matters, is still used in some religious communities. Islamic Sharia law is the world's most used religious law, is used as the primary legal system in some countries, such as Iran and Saudi Arabia; the adjudication of the law is divided into two main areas. Criminal law deals with conduct, considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law deals with the resolution of lawsuits between individuals and/or organizations. Law provides a source of scholarly inquiry into legal history, economic analysis and sociology. Law raises important and complex issues concerning equality and justice. Numerous definitions of law have been put forward over the centuries; the Third New International Dictionary from Merriam-Webster defines law as: "Law is a binding custom or practice of a community. The Dictionary of the History of Ideas published by Scribner's in 1973 defined the concept of law accordingly as: "A legal system is the most explicit, institutionalized, complex mode of regulating human conduct.
At the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are of great importance." There have been several attempts to produce "a universally acceptable definition of law". In 1972, one source indicated. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used, he said that, for example, "early customary law" and "municipal law" were contexts where the word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is equally obvious that the struggle to define that word should not be abandoned, it is possible to take the view that there is no need to define the word "law". The history of law links to the development of civilization. Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code, broken into twelve books.
It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code, which consisted of casuistic statements. 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; the most intact copy of these stelae was discovered in the 19th century by British Assyriologists, has since been transliterated and translated into various languages, including English, Italian and French. 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", relying instead on the three-way distinction between divine law, human decree and custom.
Yet Ancient Greek law contained major constitutional innovations in the development of democracy. Roman law was influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were sophisticated. 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. Although codes were replaced by custom and case law during the Dark Ages, Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts. Latin legal maxims were compiled for guidance. In medieval England, royal
Portuguese Angola refers to Angola during the historic period when it was a territory under Portuguese rule in southwestern Africa. In the same context, it is occasionally referred to as Portuguese West Africa. Ruling along the coast and engaging in military conflicts with the Kingdom of Kongo, in the 18th century Portugal managed to colonise the interior Highlands. However, full control of the entire territory was not achieved until the beginning of the 20th century, when agreements with other European powers during the Scramble for Africa fixed the colony's interior borders. In 1975, Portuguese Angola became the independent People's Republic of Angola; the history of Portuguese presence on the territory of contemporary Angola lasted from the arrival of the explorer Diogo Cão in 1484 until the decolonization of the territory in November 1975. During these five centuries, several different situations have to be distinguished; when Diogo Cão and other explorers reached the Kongo Kingdom at the end of the 15th century, Angola as such did not exist.
Its present territory comprised a number of separate peoples, some organized as kingdoms or tribal federations of varying sizes. The Portuguese were interested in trade, principally in slaves, they therefore maintained a peaceful and mutually profitable relationship with the rulers and nobles of the Kongo Kingdom, whom they Christianised and taught Portuguese, allowing them a share of the benefits from the slave trade. They established small trading posts on the lower Congo, in the area of the present Democratic Republic. A more important trading settlement on the Atlantic coast was erected at Soyo in the territory of the Kongo Kingdom, it is now Angola's northernmost town, apart from the Cabinda exclave. In 1575, the settlement of Luanda was established on the coast south of the Kongo Kingdom, in the 17th century the settlement of Benguela farther to the south. From 1580 to the 1820s, well over a million people from present-day Angola were exported as slaves to the so-called New World to Brazil, but to North America.
According to Oliver and Atmore, "for 200 years, the colony of Angola developed as a gigantic slave-trading enterprise". Kingdom of Portugal sailors, explorers and merchants had a long-standing policy of conquest and establishment of military and trading outposts in Africa with the conquest of Muslim-ruled Ceuta in 1415 and the establishment of bases in present-day Morocco and the Gulf of Guinea; the Portuguese had Catholic beliefs and their military expeditions included from the beginning the conversion of foreign peoples. In the 17th century, conflicting economic interests led to a military confrontation with the Kongo Kingdom. Portugal defeated the Kongo Kingdom in the Battle of Mbwila on October 29, 1665, but suffered a disastrous defeat at the Battle of Kitombo when they tried to invade Kongo in 1670. Control of most of the central highlands was achieved in the 18th century. Further reaching attempts at conquering the interior were undertaken in the 19th century However, full Portuguese administrative control of the entire territory was not achieved until the beginning of the 20th century.
In 1884, the United Kingdom, which up to that time refused to acknowledge that Portugal possessed territorial rights north of Ambriz, concluded a treaty recognising Portuguese sovereignty over both banks of the lower Congo. However, the treaty, meeting with opposition there and in Germany, was not ratified. Agreements concluded with the Congo Free State, the German Empire and France in 1885–1886 fixed the limits of the province, except in the south-east, where the frontier between Barotseland and Angola was determined by an Anglo-Portuguese agreement of 1891 and the arbitration award of King Vittorio Emanuele III of Italy in 1905. During the period of Portuguese colonial rule of Angola, cities and trading posts were founded, railways were opened, ports were built, a Westernised society was being developed, despite the deep traditional tribal heritage in Angola which the minority European rulers were neither willing nor interested in eradicating. Since the 1920s, Portugal's administration showed an increasing interest in developing Angola's economy and social infrastructure.
In 1951, the Portuguese Colony of Angola became an overseas province of Portugal. In the late 1950s the National Front for the Liberation of Angola and the People's Movement for the Liberation of Angola began to organize strategies and action plans to fight Portuguese rule and the remunerated system which affected many of the native African people from the countryside, who were relocated from their homes and made to perform compulsory work always unskilled hard labour, in an environment of economic boom. Organised guerrilla warfare began in 1961, the same year that a law was passed to improve the working conditions of the unskilled native workforce, demanding more rights. In 1961, the Portuguese Government indeed abolished a number of basic legal provisions which discriminated against black people, like the Estatuto do Indigenato. However, the conflict, conversely known as the Colonial War or the War of Liberation, erupted in the North of the territory when UPA rebels based in Republic of the Congo massacred both white and black civilians in surprise attacks in the countryside.
After visiting the United Nations, rebel leader Holden Roberto returned to Kinshasa and organised Bakongo militants. Holden Roberto launched an incursion into Angola on March 15, 1961, leading 4,000 to 5,000 militants, his forces took farms, government outposts, trading centres, killing everyone they encountered. At least 1,000 whites and an unknown number of blacks were killed. Commenting
A lawyer or attorney is a person who practices law, as an advocate, attorney at law, barrister-at-law, bar-at-law, civil law notary, counselor, counselor at law, chartered legal executive, or public servant preparing and applying law, but not as a paralegal or charter executive secretary. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services; the role of the lawyer varies across legal jurisdictions, so it can be treated here in only the most general terms. In practice, legal jurisdictions exercise their right to determine, recognized as being a lawyer; as a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers and solicitors, whilst others fuse the two. A barrister is a lawyer. A solicitor is a lawyer, trained to prepare cases and give advice on legal subjects and can represent people in lower courts.
Both barristers and solicitors have gone through law school, completed the requisite practical training. However, in jurisdictions where there is a split-profession, only barristers are admitted as members of their respective bar association. In Australia, the word "lawyer" can be used to refer to both barristers and solicitors, whoever is admitted as a lawyer of the Supreme Court of a state or territory. In Canada, the word "lawyer" only refers to individuals who have been called to the bar or, in Quebec, have qualified as civil law notaries. Common law lawyers in Canada are formally and properly called "barristers and solicitors", but should not be referred to as "attorneys", since that term has a different meaning in Canadian usage, being a person appointed under a power of attorney. However, in Quebec, civil law advocates call themselves "attorney" and sometimes "barrister and solicitor" in English, all lawyers in Quebec, or lawyers in the rest of Canada when practising in French, are addressed with the honorific title, "Me." or "Maître".
In England and Wales, "lawyer" is used to refer to persons who provide reserved and unreserved legal activities and includes practitioners such as barristers, solicitors, registered foreign lawyers, patent attorneys, trade mark attorneys, licensed conveyancers, public notaries, commissioners for oaths, immigration advisers and claims management services. The Legal Services Act 2007 defines the "legal activities" that may only be performed by a person, entitled to do so pursuant to the Act.'Lawyer' is not a protected title. In Pakistan, the term "Advocate" is used instead of lawyer in The Legal Practitioners and Bar Councils Act, 1973. In India, the term "lawyer" is colloquially used, but the official term is "advocate" as prescribed under the Advocates Act, 1961. In Scotland, the word "lawyer" refers to a more specific group of trained people, it includes advocates and solicitors. In a generic sense, it may include judges and law-trained support staff. In the United States, the term refers to attorneys who may practice law.
It is never used to refer to patent paralegals. In fact, there are statutory and regulatory restrictions on non-lawyers like paralegals practicing law. Other nations tend to have comparable terms for the analogous concept. In most countries civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries and scriveners; these countries do not have "lawyers" in the American sense, insofar as that term refers to a single type of general-purpose legal services provider. It is difficult to formulate accurate generalizations that cover all the countries with multiple legal professions, because each country has traditionally had its own peculiar method of dividing up legal work among all its different types of legal professionals. Notably, the mother of the common law jurisdictions, emerged from the Dark Ages with similar complexity in its legal professions, but evolved by the 19th century to a single dichotomy between barristers and solicitors. An equivalent dichotomy developed between procurators in some civil law countries.
Several countries that had two or more legal professions have since fused or united their professions into a single type of lawyer. Most countries in this category are common law countries, though France, a civil law country, merged its jurists in 1990 and 1991 in response to Anglo-American competition. In countries with fused professions, a lawyer is permitted to carry out all or nearly all the responsibilities listed below. Arguing a client's case before a judge or jury in a court of law is the traditional province of the barrister in England, of advocates in some civil law jurisdictions. However, the boundary between barristers and solicitors has evolved. In England today, the barrister monopoly covers only appellate courts, barristers must compete directly with solicitors in many trial courts. In countries like the United States, that have fused legal professions, there are trial lawyers who specialize in trying cases in court, but trial lawyers do not have a de jure monopoly like barristers.
In some countries, litigants have the option of arguing pro
A senate is a deliberative assembly the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate, so-called as an assembly of the senior and therefore wiser and more experienced members of the society or ruling class. Thus, the literal meaning of the word "senate" is Assembly of Elders. Many countries have an assembly named a senate, composed of senators who may be elected, have inherited the title, or gained membership by other methods, depending on the country. Modern senates serve to provide a chamber of "sober second thought" to consider legislation passed by a lower house, whose members are elected. Most senates have asymmetrical duties and powers compared with their respective lower house meaning they have special duties, for example to fill important political positions or to pass special laws. Conversely many senates have limited powers in changing or stopping bills under consideration and efforts to stall or veto a bill may be bypassed by the lower house or another branch of government.
The modern word Senate is derived from the word senātus, which comes from senex, “old man”. The members or legislators of a senate are called senators; the Latin word senator was adopted into English with no change in spelling. Its meaning is derived from a ancient form of social organization, in which advisory or decision-making powers are reserved for the eldest men. For the same reason, the word senate is used when referring to any powerful authority characteristically composed by the eldest members of a community, as a deliberative body of a faculty in an institution of higher learning is called a senate; this form adaptation was used to show the power of those in body and for the decision-making process to be thorough, which could take a long period of time. The original senate was the Roman Senate, which lasted until at least AD 603, although various efforts to revive it were made in Medieval Rome. In the Eastern Roman Empire, the Byzantine Senate continued until the Fourth Crusade, circa 1202–1204.
Modern democratic states with bicameral parliamentary systems are sometimes equipped with a senate distinguished from an ordinary parallel lower house, known variously as the “House of Representatives”, “House of Commons”, “Chamber of Deputies”, “National Assembly”, “Legislative Assembly”, or "House of Assembly", by electoral rules. This may include minimum age required for voters and candidates, proportional or majoritarian or plurality system, an electoral basis or collegium; the senate is referred to as the upper house and has a smaller membership than the lower house. In some federal states senates exist at the subnational level. In the United States all states with the exception of Nebraska have a state senate. There is the US Senate at the federal level. In Argentina, in addition to the Senate at federal level, eight of the country's provinces, Buenos Aires, Corrientes, Entre Ríos, Salta, San Luis and Santa Fe, have bicameral legislatures with a Senate. Córdoba and Tucumán changed to unicameral systems in 2003 respectively.
In Australia and Canada, only the upper house of the federal parliament is known as the Senate. All Australian states other than Queensland have an upper house known as a Legislative council. Several Canadian provinces once had a Legislative Council, but these have all been abolished, the last being Quebec's Legislative council in 1968. In Germany, the last Senate of a State parliament, the Senate of Bavaria, was abolished in 1999. Senate membership can be determined either through appointments. For example, elections are held every three years for half the membership of the Senate of the Philippines, the term of a senator being six years. In contrast, members of the Canadian Senate are appointed by the Governor General upon the recommendation of the Prime Minister of Canada, holding the office until they resign, are removed, or retire at the mandatory age of 75; the terms senate and senator, however, do not refer to a second chamber of a legislature: The Senate of Finland was, until 1918, the executive branch and the supreme court.
The Senate of Latvia fulfilled a similar judicial function during the interbellum. In German politics:In the Bundesländer of Germany which form a City State, i.e. Berlin and Hamburg, the senates are the executive branch, with senators being the holders of ministerial portfolios. In a number of cities which were former members of the Hanse, such as Greifswald, Lübeck, Stralsund, or Wismar, the city government is called a Senate. However, in Bavaria, the Senate was a second legislative chamber until its abolition in 1999. In German jurisdiction:The term Senat in higher courts of appeal refers to the "bench" in its broader metonymy meaning, describing members of the judiciary collectively occupied with a particular subject-matter jurisdiction. However, the judges are not called "senators"; the German term Strafsenat in a German court translates to Bench of penal-law jurisdiction and Zivilsenat to Bench of private-law jurisdiction. The Federal Constitutional Court of Germany consists of two senates of eight judges each.
In its case the division is of an organization
Colonial Brazil comprises the period from 1500, with the arrival of the Portuguese, until 1815, when Brazil was elevated to a kingdom in union with Portugal as the United Kingdom of Portugal and the Algarves. During the early 300 years of Brazilian colonial history, the economic exploitation of the territory was based first on brazilwood extraction, which gave the territory its name. Slaves those brought from Africa, provided most of the work force of the Brazilian export economy after a brief period of Indian slavery to cut brazilwood. In contrast to the neighboring Spanish possessions, which had several viceroyalties with jurisdiction over New Spain and Peru, in the eighteenth century expanded to viceroyalties of Rio de la Plata and New Granada, the Portuguese colony of Brazil was settled in the coastal area by the Portuguese and a large black slave population working sugar plantations and mines; the boom and bust economic cycles were linked to export products. Brazil's sugar age, with the development of plantation slavery, merchants serving as middle men between production sites, Brazilian ports, Europe was undermined by the growth of the sugar industry in the Caribbean on islands that European powers seized from Spain.
Gold and diamonds were mined in southern Brazil through the end of the colonial era. Brazilian cities were port cities and the colonial administrative capital was moved several times in response to the rise and fall of export products' importance. Unlike Spanish America, which fragmented into many republics upon independence, Brazil remained a single administrative unit under a monarch, giving rise to the largest country in Latin America. Just as European Spanish and Roman Catholicism were a core source of cohesion among Spain's vast and multi-ethnic territories, Brazilian society was united by the Portuguese language and Roman Catholic faith; as the only Lusophone polity in the Western Hemisphere, the Portuguese language was important to Brazilian identity. Portugal and Spain pioneered the European charting of sea routes that were the first and only channels of interaction between all of the world's continents, thus beginning the process of globalization. In addition to the imperial and economic undertaking of discovery and colonization of lands distant from Europe, these years were filled with pronounced advancements in cartography and navigational instruments, of which the Portuguese and Spanish explorers took advantage.
In 1494, the two kingdoms of the Iberian Peninsula divided the New World between them, in 1500 navigator Pedro Álvares Cabral landed in what is now Brazil and laid claim to it in the name of King Manuel I of Portugal. The Portuguese identified brazilwood as a valuable red dye and an exploitable product, attempted to force indigenous groups in Brazil to cut the trees. Portuguese seafarers in the early fifteenth century began to expand from a small area of the Iberian Peninsula, to seizing the Muslim fortress of Ceuta in North Africa, its maritime exploration proceeded down the coast of West Africa and across the Indian Ocean to the south Asian subcontinent, as well as the Atlantic islands off the coast of Africa on the way. They sought sources of gold and African slaves, high value goods in the African trade; the Portuguese set up fortified trading "factories", whereby permanent small commercial settlements anchored trade in a region. The initial costs of setting up these commercial posts was borne by private investors, who in turn received hereditary titles and commercial advantages.
From the Portuguese Crown's point of view, its realm was expanded with little cost to itself. On the Atlantic islands of the Azores, Sāo Tomé, the Portuguese began plantation production of sugarcane using forced labor, a precedent for Brazil's sugar production in the sixteenth and seventeenth centuries; the Portuguese "discovery" of Brazil was preceded by a series of treaties between the kings of Portugal and Castile, following Portuguese sailings down the coast of Africa to India and the voyages to the Caribbean of the Genoese mariner sailing for Castile, Christopher Columbus. The most decisive of these treaties was the Treaty of Tordesillas, signed in 1494, which created the Tordesillas Meridian, dividing the world between the two kingdoms. All land discovered or to be discovered east of that meridian was to be the property of Portugal, everything to the west of it went to Spain; the Tordesillas Meridian divided South America into two parts, leaving a large chunk of land to be exploited by the Spaniards.
The Treaty of Tordesillas was arguably the most decisive event in all Brazilian history, since it determined that part of South America would be settled by Portugal instead of Spain. The present extent of Brazil's coastline is exactly that defined by the Treaty of Madrid, approved in 1750. On April 22, 1500, during the reign of King Manuel I, a fleet led by navigator Pedro Álvares Cabral landed in Brazil and took possession of the land in the name of the king. Although it is debated whether previous Portuguese explorers had been in Brazil, this date is and politically accepted as the day of the discovery of Brazil by Europeans. Álvares Cabral was leading a large fleet of 13 ships and more than 1000 men following Vasco da Gama's way to India, around Africa. The place where Álvares Cabral arrived is now known in Northeastern Brazil. After the voyage of Álvares Cabral, the Portuguese concentrated their efforts on the lucrative possessions in Africa and India