Category:1805 in law
This category has the following 6 subcategories, out of 6 total.
This category has the following 6 subcategories, out of 6 total.
1. Law – Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law as a system helps regulate and ensure that a community show respect, private individuals can create legally 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 law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Islamic Sharia law is the worlds most widely used religious law, the adjudication of the law is generally divided into two main areas referred to as Criminal law and Civil law. Criminal law deals with conduct that is considered harmful to social order, Civil law deals with the resolution of lawsuits between individuals or organizations. Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis. Law also raises important and complex issues concerning equality, fairness, there is an old saying that all are equal before the law, although Jonathan Swift argued that Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through. In 1894, the author Anatole France said sarcastically, In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread. Writing in 350 BC, the Greek philosopher Aristotle declared, The rule of law is better than the rule of any individual, mikhail Bakunin said, All law has for its object to confirm and exalt into a system the exploitation of the workers by a ruling class. Cicero said more law, less justice, marxist doctrine asserts that law will not be required once the state has withered away. Regardless of ones view of the law, it today a completely central institution. Numerous definitions of law have been put forward over the centuries, 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 also of great importance. There have been attempts to produce a universally acceptable definition of law. In 1972, one indicated that no such definition could be produced. McCoubrey and White said that the question what is law, 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 law had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word law and it is possible to take the view that there is no need to define the word law. The history of law links closely 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
2. Constitution – A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i. e. constitute, some constitutions are uncodified, but written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from states to companies. A treaty which establishes an international organization is also its constitution, within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a states rulers cannot cross, the term constitution comes through French from the Latin word constitutio, used for regulations and orders, such as the imperial enactments. Later, the term was used in canon law for an important determination, especially a decree issued by the Pope. The Latin term ultra vires describes activities of officials within an organization or polity that fall outside the constitutional or statutory authority of those officials. Ultra vires gives a justification for the forced cessation of such action. A violation of rights by an official would be ultra vires because a right is a restriction on the powers of government, and therefore that official would be exercising powers they do not have. It was never law, even though, if it had been a statute or statutory provision, in such a case, only the application may be ruled unconstitutional. Historically, the remedy for such violations have been petitions for common law writs, excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice, issued by the Sumerian king Urukagina of Lagash ca 2300 BC. Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered, for example, it is known that it relieved tax for widows and orphans, and protected the poor from the usury of the rich. After that, many governments ruled by codes of written laws. The oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur, some of the better-known ancient law codes include the code of Lipit-Ishtar of Isin, the code of Hammurabi of Babylonia, the Hittite code, the Assyrian code and Mosaic law. In 621 BC a scribe named Draco codified the cruel oral laws of the city-state of Athens, in 594 BC Solon, the ruler of Athens, created the new Solonian Constitution. It eased the burden of the workers, and determined that membership of the class was to be based on wealth. Cleisthenes again reformed the Athenian constitution and set it on a footing in 508 BC. The most basic definition he used to describe a constitution in general terms was the arrangement of the offices in a state
3. Crime – In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in criminal law, have any simple and universally accepted definition. The most popular view is that crime is a created by law, in other words, something is a crime if declared as such by the relevant. One proposed definition is that a crime or offence is an act not only to some individual. Such acts are forbidden and punishable by law, the notion that acts such as murder, rape and theft are to be prohibited exists worldwide. What precisely is an offence is defined by criminal law of each country. While many have a catalogue of crimes called the criminal code, the state has the power to severely restrict ones liberty for committing a crime. In modern societies, there are procedures to which investigations and trials must adhere, usually, to be classified as a crime, the act of doing something criminal must – with certain exceptions – be accompanied by the intention to do something criminal. While every crime violates the law, not every violation of the law counts as a crime, breaches of private law are not automatically punished by the state, but can be enforced through civil procedure. With institutional and legal machinery at their disposal, agents of the State can compel populations to conform to codes, authorities employ various mechanisms to regulate certain behaviors in general. In addition, authorities provide remedies and sanctions, and collectively these constitute a criminal justice system, Legal sanctions vary widely in their severity, they may include incarceration of temporary character aimed at reforming the convict. Some jurisdictions have penal codes written to inflict permanent harsh punishments, legal mutilation, usually a natural person perpetrates a crime, but legal persons may also commit crimes. Conversely, at least under U. S. law, nonpersons such as animals cannot commit crimes, the sociologist Richard Quinney has written about the relationship between society and crime. When Quinney states crime is a phenomenon he envisages both how individuals conceive crime and how populations perceive it, based on societal norms. The word crime is derived from the Latin root cernō, meaning I decide, originally the Latin word crīmen meant charge or cry of distress. The Ancient Greek word krima, from which the Latin cognate derives, typically referred to a mistake or an offense against the community. In 13th century English crime meant sinfulness, according to etymonline. com and it was probably brought to England as Old French crimne, from Latin crimen. In Latin, crimen could have signified any one of the following, charge, indictment, accusation, crime, fault, the word may derive from the Latin cernere – to decide, to sift
4. Treaty – A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention, pact, or exchange of letters, regardless of terminology, all of these forms of agreements are, under international law, equally considered treaties and the rules are the same. A treaty is an official, express written agreement that states use to bind themselves. Since the late 19th century, most treaties have followed a consistent format. A treaty typically begins with a preamble describing the parties and their joint objectives in executing the treaty. Modern preambles are sometimes structured as a very long sentence formatted into multiple paragraphs for readability. The end of the preamble and the start of the agreement is often signaled by the words have agreed as follows. After the preamble comes numbered articles, which contain the substance of the actual agreement. Each article heading usually encompasses a paragraph, a long treaty may further group articles under chapter headings. The date is written in its most formal, longest possible form. For example, the Charter of the United Nations was DONE at the city of San Francisco the twenty-sixth day of June, one nine hundred. If the treaty is executed in multiple copies in different languages, that fact is always noted, the signatures of the parties representatives follow at the very end. Bilateral treaties are concluded between two states or entities, each of these treaties has seventeen parties. These however are still bilateral, not multilateral, treaties, the parties are divided into two groups, the Swiss and the EU and its member states. The treaty establishes rights and obligations between the Swiss and the EU and the member states severally—it does not establish any rights and obligations amongst the EU, a multilateral treaty is concluded among several countries. The agreement establishes rights and obligations between each party and every other party, Treaties of mutual guarantee are international compacts, e. g. the Treaty of Locarno which guarantees each signatory against attack from another. Reservations are essentially caveats to an acceptance of a treaty. Reservations are unilateral statements purporting to exclude or to modify the legal obligation and these must be included at the time of signing or ratification, i. e. a party cannot add a reservation after it has already joined a treaty