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Law
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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
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Common law
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Common law is the body of law developed from the thirteenth century to the present day, as case law or precedent, by judges, courts, and tribunals. In cases where the parties disagree on what the law is, if a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision. Resolution of the issue in one case becomes precedent that binds future courts, stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. A common law system is a system that gives great precedential weight to common law. Common law systems originated during the Middle Ages in England, today, one third of the worlds population live in common law jurisdictions or in systems mixed with civil law. The term common law has many connotations, the first three set out here are the most-common usages within the legal community. Other connotations from past centuries are seen, and are sometimes heard in everyday speech. Blacks Law Dictionary, 10th Ed. gives as definition 1,1, the body of law derived from judicial decisions, rather than from statutes or constitutions, CASELAW, STATUTORY LAW. In this connotation, common law distinguishes the authority that promulgated a law. e, examples include most criminal law and procedural law before the 20th century, and even today, most contract law and the law of torts. Interstitial common law decisions that analyze, interpret and determine the fine boundaries. Publication of decisions, and indexing, is essential to the development of common law, while all decisions in common law jurisdictions are precedent, some become leading cases or landmark decisions that are cited especially often. Blacks 10th Ed. definition 2, differentiates common law jurisdictions, by contrast, in civil law jurisdictions, courts lack authority to act if there is no statute. Judicial precedent is given less weight, which means that a judge deciding a given case has more freedom to interpret the text of a statute independently. For example, the Napoleonic code expressly forbade French judges to pronounce general principles of law. As a rule of thumb, common law systems trace their history to England, blacks 10th Ed. definition 4, differentiates common law from equity. This split propagated to many of the colonies, including the United States, for most purposes, most jurisdictions, including the U. S. federal system and most states, have merged the two courts. Additionally, even before the courts were merged, most courts were permitted to apply both law and equity, though under potentially different procedural law. In the United States, determining whether the Seventh Amendments right to a jury trial applies or whether the issue will be decided by a judge, the standard of review and degree of deference given by an appellate tribunal to the decision of the lower tribunal under review
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Civil law (legal system)
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Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds case law to be secondary and subordinate to statutory law, when discussing civil law, one should keep in mind the conceptual difference between a statute and a codal article. The marked feature of civilian systems is that they use codes with brief text that tend to avoid factually specific scenarios, Code articles deal in generalities and thus stand at odds with statutory schemes which are often very long and very detailed. The purpose of codification is to all citizens with manners and written collection of the laws which apply to them. Law codes are simply laws enacted by a legislature, even if they are in much longer than other laws. Other major legal systems in the world include common law, Halakha, canon law, the Scandinavian systems are of a hybrid character since their background law is a mix of civil law and Scandinavian customary law and have been partially codified. Likewise, the laws of the Channel Islands are hybrids which mix Norman customary law, a prominent example of a civil-law code would be the Napoleonic Code, named after French emperor Napoleon. The Code comprises three components, the law of persons, property law, and commercial law, rather than a compendium of statutes or catalog of caselaw, the Code sets out general principles as rules of law. Unlike common law systems, civil law jurisdictions deal with case law apart from any precedent value, Civil law courts generally decide cases using codal provisions on a case-by-case basis, without reference to other judicial decisions. In actual practice, a degree of precedent is creeping into civil law jurisprudence. A line of similar case decisions, while not precedent per se, while civil law jurisdictions place little reliance on court decisions, they tend to generate a phenomenal number of reported legal opinions. However, this tends to be uncontrolled, since there is no requirement that any case be reported or published in a law report, except for the councils of state. Except for the highest courts, all publication of legal opinions are unofficial or commercial, Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The civil law takes as its major inspiration classical Roman law, and in particular Justinian law, the Justinian Codes doctrines provided a sophisticated model for contracts, rules of procedure, family law, wills, and a strong monarchical constitutional system. Roman law was received differently in different countries, in some it went into force wholesale by legislative act, i. e. it became positive law, whereas in others it was diffused into society by increasingly influential legal experts and scholars. Roman law continued without interruption in the Byzantine Empire until its fall in the 15th century. However, subject as it was to multiple incursions and occupations by Western European powers in the medieval period. It was first received into the Holy Roman Empire partly because it was considered imperial law and it became the basis of Scots law, though partly rivaled by received feudal Norman law
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Canon law
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Canon law is the body of laws and regulations made by ecclesiastical authority, for the government of a Christian organization or church and its members. The way that such law is legislated, interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a council, these canons formed the foundation of canon law. Greek kanon / Ancient Greek, κανών, Arabic Qanun / قانون, Hebrew kaneh / קנה, straight, a rule, code, standard, or measure, the root meaning in all these languages is reed. In the Fourth century the First Council of Nicaea calls canons the disciplinary measures of the Church, the canon, κανὠν, means in Greek. There is an early distinction between the rules enacted by the Church and the legislative measures taken by the State called leges. The actual subject material of the canons is not just doctrinal or moral in nature, west Syrian Rite which includes the Maronite Church, Syriac Catholic Church and the Syro-Malankara Church. Armenian Rite Church which includes the Armenian Catholic Church, east Syrian Rite Churches which includes the Chaldean Church and Syro-Malabar Church. All of these groups are in full communion with the Supreme Pontiff and are subject to the Code of Canons of the Eastern Churches. The history of Latin canon law can be divided into four periods, the jus antiquum, the jus novum, the jus novissimum, in relation to the Code, history can be divided into the jus vetus and the jus novum. The academic degrees in law are the J. C. B. Because of its nature, advanced degrees in civil law or theology are normal prerequisites for the study of canon law. Much of the style was adapted from the Roman Law Code of Justinian. This is in contrast to the form of proceeding found in the common law system of English and U. S. law. The institutions and practices of canon law paralleled the development of much of Europe. Sampel explains that law has significant influence in contemporary society. Canonical jurisprudential theory generally follows the principles of Aristotelian-Thomistic legal philosophy, each had its own special law, in which custom still played an important part. In 1929 Pius XI informed the Eastern Churches of his intention to work out a Code for the whole of the Eastern Church, the publication of these Codes for the Eastern Churches regarding the law of persons was made between 1949 through 1958 but finalized nearly 30 years later
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Sharia
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Sharia, Sharia law, or Islamic law is the religious law forming part of the Islamic tradition. It is derived from the precepts of Islam, particularly the Quran. In Arabic, the term refers to Gods divine law and is contrasted with fiqh. The manner of its application in modern times has been a subject of dispute between Muslim traditionalists and reformists, traditional theory of Islamic jurisprudence recognizes four sources of sharia, the Quran, sunnah, qiyas, and ijma. Traditional jurisprudence distinguishes two branches of law, ʿibādāt and muʿāmalāt, which together comprise a wide range of topics. Its rulings assign actions to one of five categories, mandatory, recommended, permitted, abhorred, thus, some areas of sharia overlap with the Western notion of law while others correspond more broadly to living life in accordance with God’s will. Historically, sharia was interpreted by independent jurists, ottoman rulers achieved additional control over the legal system by promulgating their own legal code and turning muftis into state employees. Non-Muslim communities had legal autonomy, except in cases of interconfessional disputes, in the modern era, sharia-based criminal laws were widely replaced by statutes inspired by European models. Judicial procedures and legal education in the Muslim world were brought in line with European practice. While the constitutions of most Muslim-majority states contain references to sharia, legislative bodies which codified these laws sought to modernize them without abandoning their foundations in traditional jurisprudence. The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of sharia, including reinstatement of hudud corporal punishments, in some cases, this resulted in traditionalist legal reform, while other countries witnessed juridical reinterpretation of sharia advocated by progressive reformers. The role of sharia has become a contested topic around the world, attempts to impose it on non-Muslims have caused intercommunal violence in Nigeria and may have contributed to the breakup of Sudan. Some Muslim-minority countries in Asia, Africa and Europe recognize the use of sharia-based family laws for their Muslim populations, there are ongoing debates as to whether sharia is compatible with secular forms of government, human rights, freedom of thought, and womens rights. The word sharīʿah is used by Arabic-speaking peoples of the Middle East to designate a prophetic religion in its totality, for example, sharīʿat Mūsā means law or religion of Moses and sharīʿatu-nā can mean our religion in reference to any monotheistic faith. Within Islamic discourse, šarīʿah refers to regulations governing the lives of Muslims. For many Muslims, the word means simply justice, and they will consider any law that promotes justice, Muslims of different perspectives agree in their respect for the abstract notion of sharia, but they differ in how they understand the practical implications of the term. Classical sharia, the body of rules and principles elaborated by Islamic jurists during the first centuries of Islam, historical sharia, the body of rules and interpretations developed throughout Islamic history, ranging from personal beliefs to state legislation and varying across an ideological spectrum. Classical sharia has often served as a point of reference for these variants, Contemporary sharia, the full spectrum of rules and interpretations that are developed and practiced at present
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Economic globalization
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Economic globalization primarily comprises the globalization of production, finance, markets, technology, organizational regimes, institutions, corporations, and labour. And the shifting location of production has caused many jobs to cross borders. International commodity markets, labor markets, and capital markets make up the economy, beginning as early as 4000 BCE, people were trading livestock, tools, and other items. In Sumer, a civilization in Mesopotamia, a token system was one of the first forms of commodity money. Labor markets consist of workers, employers, wages, income, supply, Labor markets have been around as long as commodity markets. The first labor markets provided workers to grow crops and tend livestock for sale in local markets. Capital markets emerged in industries that require resources beyond those of an individual farmer and these advances in economic globalization were disrupted by World War I. Most of the economic powers constructed protectionist economic policies and introduced trade barriers that slowed trade growth to the point of stagnation. This caused a slowing of worldwide trade and even led to other countries introducing immigration caps, Globalization did not fully resume until the 1970s, when governments began to emphasize the benefits of trade. Today, follow-on advances in technology have led to the expansion of global trade. Three suggested factors accelerated economic globalization, advancement of science and technology, market oriented economic reforms, the GATT/WTO framework led participating countries to reduce their tariff and non-tariff barriers to trade. Governments shifted their economies from central planning to markets and these internal reforms allowed enterprises to adapt more quickly and exploit opportunities created by technology shifts. Multinational corporations reorganized production to take advantage of these opportunities, labor-intensive production migrated to areas with lower labor costs, later followed by other functions as skill levels increased. The 1956 invention of containerized shipping, increases in ship sizes were a part of the reduction in shipping costs. On 27 October 1986, the London Stock Exchange enacted newly deregulated rules that enabled global interconnection of markets and this event came to be known as the Big Bang. An intergovernmental organization or international governmental organization refers to an entity created by treaty, iGO’s strive for peace, security and deal with economic and social questions. Examples include, The United Nations, The World Bank and on a regional level The North Atlantic Treaty Organization among others, the necessary education infrastructure is often not present, requiring a redirection of the government’s focus from social services to education. Corporations have outsourced in recent years, in business, outsourcing involves the contracting out of a business process and operational, and/or non-core functions to another party
7.
Gottfried Wilhelm Leibniz
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Leibnizs notation has been widely used ever since it was published. It was only in the 20th century that his Law of Continuity and he became one of the most prolific inventors in the field of mechanical calculators. He also refined the number system, which is the foundation of virtually all digital computers. Leibniz, along with René Descartes and Baruch Spinoza, was one of the three great 17th-century advocates of rationalism and he wrote works on philosophy, politics, law, ethics, theology, history, and philology. Leibnizs contributions to this vast array of subjects were scattered in various learned journals, in tens of thousands of letters and he wrote in several languages, but primarily in Latin, French, and German. There is no complete gathering of the writings of Leibniz in English, Gottfried Leibniz was born on July 1,1646, toward the end of the Thirty Years War, in Leipzig, Saxony, to Friedrich Leibniz and Catharina Schmuck. Friedrich noted in his journal,21. Juny am Sontag 1646 Ist mein Sohn Gottfried Wilhelm, post sextam vespertinam 1/4 uff 7 uhr abents zur welt gebohren, in English, On Sunday 21 June 1646, my son Gottfried Wilhelm is born into the world a quarter after six in the evening, in Aquarius. Leibniz was baptized on July 3 of that year at St. Nicholas Church, Leipzig and his father died when he was six and a half years old, and from that point on he was raised by his mother. Her teachings influenced Leibnizs philosophical thoughts in his later life, Leibnizs father had been a Professor of Moral Philosophy at the University of Leipzig, and the boy later inherited his fathers personal library. He was given access to it from the age of seven. Access to his fathers library, largely written in Latin, also led to his proficiency in the Latin language and he also composed 300 hexameters of Latin verse, in a single morning, for a special event at school at the age of 13. In April 1661 he enrolled in his fathers former university at age 15 and he defended his Disputatio Metaphysica de Principio Individui, which addressed the principle of individuation, on June 9,1663. Leibniz earned his masters degree in Philosophy on February 7,1664, after one year of legal studies, he was awarded his bachelors degree in Law on September 28,1665. His dissertation was titled De conditionibus, in early 1666, at age 19, Leibniz wrote his first book, De Arte Combinatoria, the first part of which was also his habilitation thesis in Philosophy, which he defended in March 1666. His next goal was to earn his license and Doctorate in Law, in 1666, the University of Leipzig turned down Leibnizs doctoral application and refused to grant him a Doctorate in Law, most likely due to his relative youth. Leibniz then enrolled in the University of Altdorf and quickly submitted a thesis, the title of his thesis was Disputatio Inauguralis de Casibus Perplexis in Jure. Leibniz earned his license to practice law and his Doctorate in Law in November 1666 and he next declined the offer of an academic appointment at Altdorf, saying that my thoughts were turned in an entirely different direction
8.
Montesquieu
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He is famous for his articulation of the theory of separation of powers, which is implemented in many constitutions throughout the world. He is also known for doing more than any author to secure the place of the word despotism in the political lexicon. Montesquieu was born at the Château de la Brède in southwest France,25 kilometres south of Bordeaux and his father, Jacques de Secondat, was a soldier with a long noble ancestry. His mother, Marie Françoise de Pesnel, who died when Charles was seven, was an heiress who brought the title of Barony of La Brède to the Secondat family. After the death of his mother he was sent to the Catholic College of Juilly, a prominent school for the children of French nobility and his father died in 1713 and he became a ward of his uncle, the Baron de Montesquieu. He became a counselor of the Bordeaux Parliament in 1714, in 1715 he married Jeanne de Lartigue, a Protestant, who eventually bore him three children. The Baron died in 1716, leaving him his fortune as well as his title, Montesquieus early life occurred at a time of significant governmental change. England had declared itself a constitutional monarchy in the wake of its Glorious Revolution, in France the long-reigning Louis XIV died in 1715 and was succeeded by the five-year-old Louis XV. These national transformations had a impact on Montesquieu, he would refer to them repeatedly in his work. Montesquieu withdrew from the practice of law to himself to study. De lEsprit des Lois was originally published anonymously in 1748, the book quickly rose to influence political thought profoundly in Europe and America. In France, the met with an unfriendly reception from both supporters and opponents of the regime. The Catholic Church banned lEsprit – along with many of Montesquieus other works – in 1751 and it received the highest praise from the rest of Europe, especially Britain. Montesquieu was also regarded in the British colonies in North America as a champion of liberty. Following the American revolution, Montesquieus work remained an influence on many of the American founders, most notably James Madison of Virginia. He was buried in the Église Saint-Sulpice, Paris, Montesquieus philosophy of history minimized the role of individual persons and events. Ask the Romans, who had a sequence of successes when they were guided by a certain plan. There are general causes, moral and physical, which act in every monarchy, elevating it, maintaining it, all accidents are controlled by these causes
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The Spirit of the Laws
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The Spirit of the Laws is a treatise on political theory first published anonymously by Charles de Secondat, Baron de Montesquieu in 1748 with the help of Claudine Guérin de Tencin. Originally published anonymously partly because Montesquieus works were subject to censorship, in 1750 Thomas Nugent published the first English translation. In 1751 the Catholic Church added De lesprit des lois to its Index Librorum Prohibitorum, in his classification of political systems, Montesquieu defines three main kinds, republican, monarchical, and despotic. Driving each classification of political system, according to Montesquieu, must be what he calls a principle and this principle acts as a spring or motor to motivate behavior on the part of the citizens in ways that will tend to support that regime and make it function smoothly. For democratic republics, this spring is the love of virtue—the willingness to put the interests of the community ahead of private interests, for monarchies, the spring is the love of honor—the desire to attain greater rank and privilege. Finally, for despotisms, the spring is the fear of the ruler, a political system cannot last long if its appropriate principle is lacking. Montesquieu claims, for example, that the English failed to establish a republic after the Civil War because the society lacked the love of virtue. A second major theme in De lesprit des lois concerns political liberty, Political liberty is Montesquieus concept of what we might call today personal security, especially insofar as this is provided for through a system of dependable and moderate laws. He distinguishes this view of liberty from two other, misleading views of political liberty, the first is the view that liberty consists in collective self-government—i. e. that liberty and democracy are the same. The second is the view that liberty consists in being able to do whatever one wants without constraint, not only are these latter two not genuine political liberty, he thinks, they can both be hostile to it. Political liberty is not possible in a political system, but it is possible, though not guaranteed, in republics. Generally speaking, establishing political liberty on a sound footing requires two things, The separation of the powers of government, in a lengthy discussion of the English political system, he tries to show how this might be achieved and liberty secured, even in a monarchy. He also notes that liberty cannot be secure where there is no separation of powers, the appropriate framing of civil and criminal laws so as to ensure personal security. Pursuant to this requirement to frame civil and criminal laws appropriately to ensure political liberty, Montesquieu also argues against slavery and for the freedom of thought, speech and assembly. The third major contribution of De lesprit des lois was to the field of political sociology, the bulk of the treatise, in fact, concerns how geography and climate interact with particular cultures to produce the spirit of a people. This spirit, in turn, inclines that people toward certain sorts of political and social institutions, later writers often caricatured Montesquieus theory by suggesting that he claimed to explain legal variation simply by the distance of a community from the equator. While the analysis in De lesprit des lois is much more subtle than these later writers perceive,1748, Crowder, Wark, and Payne,1777. Bok, Hilary, Baron de Montesquieu, Charles-Louis de Secondat, anne M. Cohler, Basia Carolyn Miller, and Harold Samuel Stone
10.
Henry James Sumner Maine
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Sir Henry James Sumner Maine, KCSI, was a British comparative jurist and historian. He is famous for the thesis outlined in his book Ancient Law that law, because of this thesis, Maine can be seen as one of the forefathers of modern legal anthropology, legal history and sociology of law. Maine was the son of Dr. James Maine, of Kelso and he was educated at Christs Hospital, where a boarding house was named after him in 1902. From there he went up to Pembroke College, Cambridge, in 1840, at Cambridge, he was noted as a classical scholar and also won the Chancellors Gold Medal for poetry in 1842. He won a Craven scholarship and graduated as senior classic in 1844, shortly afterwards, he accepted a tutorship at Trinity Hall. In 1847, he was appointed professor of civil law. Meanwhile, in 1852 he had one of the readers appointed by the Inns of Court. The post of legal member of council in India was offered to Maine, he declined it once, the following year Maine was persuaded to accept, and it turned out that India suited him much better than Cambridge or London. He was asked to prolong his services beyond the term of five years. The subjects on which it was Maines duty to advise the government of India were as political as legal. Plans of codification were prepared, and largely shaped, under Maines direction, Maine became a member of the secretary of states council in 1871, and remained so for the rest of his life. In the same year he was gazetted a K. C. S. I, in 1869, Maine was appointed to the chair of historical and comparative jurisprudence newly founded in the University of Oxford by Corpus Christi College. Residence at Oxford was not required, and the election amounted to an invitation to the new professor to resume, in 1877, the mastership of Trinity Hall, Cambridge, where Maine had formerly been tutor, became vacant. There were two candidates whose claims were so nearly equal that it was difficult to elect either. His acceptance entailed the resignation of the Oxford chair, though not continuous residence at Cambridge, ten years later, he was elected to succeed Sir William Harcourt as Whewell Professor of International Law at Cambridge. Maines health, which had never been strong, gave way towards the end of 1887 and he went to the Riviera under medical advice, and died at Cannes, France, on 3 February 1888. He left a wife, Jane, and two sons, of whom the elder died soon afterwards, Maine wrote journalism in 1851 for the Morning Chronicle, edited by John Douglas Cook. With Cook and others, in 1855, he founded and edited the Saturday Review
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University of Oxford
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The University of Oxford is a collegiate research university located in Oxford, England. It grew rapidly from 1167 when Henry II banned English students from attending the University of Paris, after disputes between students and Oxford townsfolk in 1209, some academics fled north-east to Cambridge where they established what became the University of Cambridge. The two ancient universities are frequently referred to as Oxbridge. The university is made up of a variety of institutions, including 38 constituent colleges, All the colleges are self-governing institutions within the university, each controlling its own membership and with its own internal structure and activities. Being a city university, it not have a main campus, instead, its buildings. Oxford is the home of the Rhodes Scholarship, one of the worlds oldest and most prestigious scholarships, the university operates the worlds oldest university museum, as well as the largest university press in the world and the largest academic library system in Britain. Oxford has educated many notable alumni, including 28 Nobel laureates,27 Prime Ministers of the United Kingdom, the University of Oxford has no known foundation date. Teaching at Oxford existed in form as early as 1096. It grew quickly in 1167 when English students returned from the University of Paris, the historian Gerald of Wales lectured to such scholars in 1188 and the first known foreign scholar, Emo of Friesland, arrived in 1190. The head of the university had the title of chancellor from at least 1201, the university was granted a royal charter in 1248 during the reign of King Henry III. After disputes between students and Oxford townsfolk in 1209, some academics fled from the violence to Cambridge, the students associated together on the basis of geographical origins, into two nations, representing the North and the South. In later centuries, geographical origins continued to many students affiliations when membership of a college or hall became customary in Oxford. At about the time, private benefactors established colleges as self-contained scholarly communities. Among the earliest such founders were William of Durham, who in 1249 endowed University College, thereafter, an increasing number of students lived in colleges rather than in halls and religious houses. In 1333–34, an attempt by some dissatisfied Oxford scholars to found a new university at Stamford, Lincolnshire was blocked by the universities of Oxford and Cambridge petitioning King Edward III. Thereafter, until the 1820s, no new universities were allowed to be founded in England, even in London, thus, Oxford and Cambridge had a duopoly, the new learning of the Renaissance greatly influenced Oxford from the late 15th century onwards. Among university scholars of the period were William Grocyn, who contributed to the revival of Greek language studies, and John Colet, the noted biblical scholar. With the English Reformation and the breaking of communion with the Roman Catholic Church, recusant scholars from Oxford fled to continental Europe, as a centre of learning and scholarship, Oxfords reputation declined in the Age of Enlightenment, enrolments fell and teaching was neglected
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Ancient Law
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Ancient Law is a book by Henry James Sumner Maine. It was first published in octavo in 1861, the book went through twelve editions during the lifetime of the author. The twelfth edition was published in 1888, a new edition, with notes by Frederick Pollock, was published in octavo in 1906. Lectures delivered by Maine for the Inns of Court were the groundwork for Ancient Law. Its object, as stated in the preface, was to some of the earliest ideas of mankind, as they are reflected in ancient law. Ancient Law, 10th Edition at the Internet Archive
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Far East
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The Far East is an alternate geographical term in English, that usually refers to East Asia, the Russian Far East, and Southeast Asia. South Asia is sometimes also included for economic and cultural reasons, since the 1960s, East Asia has become the most common term for the region in international mass media outlets. Far East is often deprecated as archaic and Eurocentric, along with the terms Near East and Middle East. The term Far East came into use in European geopolitical discourse in the 12th century, for the same reason, Chinese people in the 19th and early 20th centuries called Western countries Tàixī —i. e. anything further west than the Arab world. Prior to the era, Far East referred to anything further east than the Middle East. In the 16th century, King John III of Portugal called India a rich, the term was popularized during the period of the British Empire as a blanket term for lands to the east of British India. Many European languages have terms, such as the French, Spanish, Portuguese, German, Italian, Polish, Norwegian. Significantly, the term evokes cultural as well as separation, the Far East is not just geographically distant. It never refers, for instance, to the culturally Western nations of Australia and New Zealand and this combination of cultural and geographic subjectivity was well illustrated in 1939 by Robert Menzies, a Prime Minister of Australia. Reflecting on his countrys geopolitical concerns with the onset of war, Menzies commented that, what Great Britain calls the Far East is to us the Near North. Far East in its sense is comparable to terms such as the Orient, which means East. Southeast Asia, the Russian Far East, and occasionally the Indian Subcontinent might be included in the Far East to some extent, for the people who live in that part of the world, however, it is neither East nor West and certainly not Far. A more generally acceptable term for the area is East Asia, furthermore, the United Kingdom and United States have historically used Far East for several military units and commands in the region, British Far East Command RAF Far East Air Force U. S. Far East Air Force The U. S. Coexisting Contemporary Civilizations, Arabo-Muslim, Bharati, Chinese, and Western
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Western culture
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The term also applies beyond Europe, to countries and cultures whose histories are strongly connected to Europe by immigration, colonization, or influence. For example, Western Culture includes countries in the Americas and Australasia, whose language, before the Cold War era, the traditional Western viewpoint identified Western Civilization with the Western Christian countries and culture. Ancient Greece is considered the birthplace of Western culture, with the worlds first democratic system of government and major advances in philosophy, science, Greece was followed by Rome, which made key contributions in law, government, engineering and political organization. European culture developed with a range of philosophy, medieval scholasticism, and mysticism. Rational thinking developed through an age of change and formation, with the experiments of the Enlightenment. More often an ideology is what will be used to categorize it as a Western society. There is some disagreement about what nations should or should not be included in the category, many parts of the Eastern Roman Empire are considered Western today but were Eastern in the past. Since the context is highly biased and context-dependent, there is no agreed definition what the West is and it is difficult to determine which individuals fit into which category and the East–West contrast is sometimes criticized as relativistic and arbitrary. Globalism has spread Western ideas so widely that almost all cultures are, to some extent. Stereotyped views of the West have been labeled Occidentalism, paralleling Orientalism—the term for the 19th-century stereotyped views of the East, as Europe discovered the wider world, old concepts adapted. The area that had formerly considered the Orient became the Near East, as the interests of the European powers interfered with Meiji Japan and Qing China for the first time. Thus, the Sino-Japanese War in 1894–1895 occurred in the Far East, the Greeks contrasted themselves to their Eastern neighbors, such as the Trojans in Iliad, setting an example for later contrasts between east and west. In the Middle Ages, the Near East provided a contrast to the West, concepts of what is the West arose out of legacies of the Western Roman Empire and the Eastern Roman Empire. Later, ideas of the west were formed by the concepts of Latin Christendom, Western culture is neither homogeneous nor unchanging. As with all cultures, it has evolved and gradually changed over time. Nevertheless, it is possible to follow the evolution and history of the West, and appreciate its similarities and differences, its borrowings from, and contributions to, other cultures of humanity. Nevertheless, the Greeks felt they were the most civilized and saw themselves as something between the wild barbarians of most of Europe and the soft, slavish Middle-Easterners. In the meantime, however, Greece, under Alexander, had become a capital of the East, the Celts also created some significant literature in the ancient world whenever they were given the opportunity
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Cornell Law School
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Cornell Law School is the law school of Cornell University, a private Ivy League university located in Ithaca, New York. It is one of the five Ivy League law schools and offers three law degree programs along with several programs in conjunction with other professional schools at the university. Established in 1887 as Cornells Department of Law, the law school is ranked 13th in the United States by U. S. News & World Report. Cornell Law alumni include executive and philanthropist Myron Charles Taylor. Secretaries of State Edmund Muskie and William P. Rogers, U. S. S, congress, governors, state attorneys general, U. S. federal and state judges, diplomats and businesspeople. Cornell also has the third lowest student-to-faculty ratio of ABA–accredited law schools in the United States with each containing approximately 200 students. The current dean of the law school is Eduardo Peñalver, who assumed the role in 2014, the Law Department at Cornell opened in 1887 in Morrill Hall with Judge Douglass Boardman as its first dean. At that time, admission did not require even a school diploma. In 1917, two years of education were required for admission, and in 1924, it became a graduate degree program. The department was renamed the Cornell Law School in 1925, in 1890, George Washington Fields graduated, one of the first law-school-graduates of color in the United States. In 1893, Cornell had its first female graduate, Mary Kennedy Brown, the law school’s residence hall is named in honor of Hughes. In 1892, the moved into Boardman Hall, which was constructed specifically for legal instruction. The school moved from Boardman Hall to its location at Myron Taylor Hall in 1937. The law school building, an ornate, Gothic structure, was the result of a donation by Myron Charles Taylor, a former CEO of US Steel, Hughes Hall was built as an addition to Myron Taylor Hall and completed in 1963. It was also funded by a gift from Taylor, another addition to Myron Taylor Hall, the Jane M. G. Foster wing, was completed in 1988 and added space to the library. Foster was a member of the class of 1918, an editor of the Cornell Law Review, in June 2012 the school embarked on a three-year, multi-phase expansion and renovation. The first phase created additional classroom space underground, adjacent to Myron Taylor Hall along College Avenue, the second phase will include the removal and digitization of printed materials from the library stacks so that the space can be converted to additional classroom and student space
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Constitutional law
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Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land and these may include customary law, conventions, statutory law, judge-made law, or international rules and norms. Constitutional law deals with the principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax, other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations, including the United States, constitutional law is based on the text of a document ratified at the time the nation came into being, Constitutional laws may often be considered second order rule making or rules about making rules to exercise power. It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority, one of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. Human rights or civil liberties form a part of a countrys constitution. Most jurisdictions, like the United States and France, have a codified constitution, a recent example is the Charter of Fundamental Rights of the European Union which was intended to be included in the Treaty establishing a Constitution for Europe, that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter and these are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments. Some countries like the United Kingdom have no entrenched document setting out fundamental rights, in those jurisdictions the constitution is composed of statute, case law, a case named Entick v. Carrington is a constitutional principle deriving from the common law. John Enticks house was searched and ransacked by Sherriff Carrington, Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Lord Camden stated that, The great end and that right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, if no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment. The commonwealth and the civil law jurisdictions do not share the same constitutional law underpinnings, another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter the constitution, in bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election, Constitutional law is a major focus of legal studies and research. The doctrine of the rule of law dictates that government must be conducted according to law and this was first established by British legal theorist A. V. Dicey. Dicey’s rule of law formula consists of three classic tenets, the first is that the regular law is supreme over arbitrary and discretionary powers
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Administrative law
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Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a regulatory agenda. Administrative law is considered a branch of public law, civil law countries often have specialized courts, administrative courts, that review these decisions. In Brazil, unlike most Civil-law jurisdictions, there is no specialized court or section to deal with administrative cases, in 1998, a constitutional reform, led by the government of the President Fernando Henrique Cardoso, introduced regulatory agencies as a part of the executive branch. The President of the Republic exercises the function, in collaboration with several Ministries or other authorities with ministerial rank. Each Ministry has one or more under-secretary that performs through public services the actual satisfaction of public needs, there is not a single specialized court to deal with actions against the Administrative entities, but instead there are several specialized courts and procedures of review. Administrative law in the Peoples Republic of China was virtually non-existent before the reform era initiated by Deng Xiaoping. In 1990, the Administrative Supervision Regulations and the Administrative Reconsideration Regulations were passed, the three regulations have been amended and upgraded into laws. In 1994, the State Compensation Law was passed, followed by the Administrative Penalties Law in 1996, Administrative Compulsory Law was enforced in 2012. Adiministrative Litigation Law was amended in 2014. The General Administrative Procedure Law is under way, the main administrative courts are the tribunaux administratifs and appeal courts are the cours administratives dappel. Special administrative courts include the National Court of Asylum Right as well as military, the French body of administrative law is called droit administratif. It is a part of the law, which deals with the organization, the tasks. Administrative law in Germany follows three basic principles, principle of the legality of the authority, which means that there is no acting against the law and no acting without a law. The general administration law is ruled in the Administrative Procedures Law. Other legal sources are the Rules of the Administrative Courts, the security code. The Verwaltungsverfahrensgesetz, which was enacted in 1977, regulates the main administrative procedures of the federal government and it serves the purpose to ensure a treatment in accordance with the rule of law by the public authority. Furthermore, it contains the regulations for mass processes and expands the legal protection against the authorities, the VwVfG basically applies for the entire public administrative activities of federal agencies as well as federal state authorities, in case of making federal law. One of the clause is §35 VwVfG
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Contract
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A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition, Contract law concerns the rights and duties that arise from agreements. A contract arises when the parties agree that there is an agreement, formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement, minors, intoxicated persons, and those under a mental affliction may have insufficient capacity to enter a contract. Some types of contracts may require formalities, such as a memorialization in writing, at common law, the elements of a contract are offer, acceptance, intention to create legal relations, and consideration. Not all agreements are necessarily contractual, as the parties generally must be deemed to have an intention to be legally bound, a so-called gentlemens agreement is one which is not intended to be legally enforceable, and which is binding in honour only. In order for a contract to be formed, the parties must reach mutual assent and this is typically reached through offer and an acceptance which does not vary the offers terms, which is known as the mirror image rule. An offer is a statement of the offerors willingness to be bound should certain conditions be met. If a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore, the Uniform Commercial Code disposes of the mirror image rule in §2-207, although the UCC only governs transactions in goods in the USA. As a court cannot read minds, the intent of the parties is interpreted objectively from the perspective of a reasonable person and it is important to note that where an offer specifies a particular mode of acceptance, only an acceptance communicated via that method will be valid. Contracts may be bilateral or unilateral, a bilateral contract is an agreement in which each of the parties to the contract makes a promise or set of promises to each other. For example, in a contract for the sale of a home, less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to the offeror, in a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally. The payment could be conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the High Court of Australia stated that the term unilateral contract is unscientific and misleading. In certain circumstances, a contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement even though they have not done so expressly, quantum meruit claims are an example. Carbolic, a firm, advertised a smoke ball marketed as a wonder drug that would, according to the instructions
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Trade
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Trade, or commerce, involves the transfer of goods or services from one person or entity to another, often in exchange for money. A network that allows trade is called a market, the original form of trade, barter, saw the direct exchange of goods and services for other goods and services. Barter is trading things without the use of money, later one side of the barter started to involve precious metals, which gained symbolic as well as practical importance. Modern traders generally negotiate through a medium of exchange, such as money, as a result, buying can be separated from selling, or earning. The invention of money greatly simplified and promoted trade, Trade between two traders is called bilateral trade, while trade between more than two traders is called multilateral trade. Trade exists due to the specialization and division of labor, in which most people concentrate on an aspect of production. As such, trade at prices between locations can benefit both locations. Trade originated with human communication in prehistoric times, trading was the main facility of prehistoric people, who bartered goods and services from each other before the innovation of modern-day currency. Peter Watson dates the history of commerce from circa 150,000 years ago. In the Mediterranean region the earliest contact between cultures were of members of the species Homo sapiens principally using the Danube river, at a time beginning 35–30,000 BCE, Trade is believed to have taken place throughout much of recorded human history. There is evidence of the exchange of obsidian and flint during the stone age, Trade in obsidian is believed to have taken place in Guinea from 17,000 BCE. The earliest use of obsidian in the Near East dates to the Lower, Trade in the stone age was investigated by Robert Carr Bosanquet in excavations of 1901. Trade is believed to have first begun in south west Asia, obsidian was traded at distances of 900 kilometres within the Mediterranean region. Trade in the Mediterranean during the Neolithic of Europe was greatest in this material, networks were in existence at around 12,000 BCE Anatolia was the source primarily for trade with the Levant, Iran and Egypt according to Zarins study of 1990. Melos and Lipari sources produced among the most widespread trading in the Mediterranean region as known to archaeology, the Sari-i-Sang mine in the mountains of Afghanistan was the largest source for trade of Lapis Lazuli. The material was most largely traded during the Kassite period of Babylonia beginning 1595 BCE, ebla was a prominent trading centre during the third millennia, with a network reaching into Anatolia and north Mesopotamia. Materials used for creating jewelry were traded with Egypt since 3000 BCE, long-range trade routes first appeared in the 3rd millennium BCE, when Sumerians in Mesopotamia traded with the Harappan civilization of the Indus Valley. The Phoenicians were noted sea traders, traveling across the Mediterranean Sea, for this purpose they established trade colonies the Greeks called emporia
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Corporate law
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Corporate law is the practice or study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community, and the environment interact with one another. Corporate law is a part of a broader companies law, other types of business associations can include partnerships, or trusts, or companies limited by guarantee. Under corporate law, corporations of all sizes have separate legal personality, shareholders control the company through a board of directors which, in turn, typically delegates control of the corporations day-to-day operations to a full-time executive. Corporate law deals with firms that are incorporated or registered under the corporate or company law of a state or their subnational states. Corporate law is divided into corporate governance and corporate finance. The word corporation is generally synonymous with large publicly owned companies in the United States, in United Kingdom, company is more frequently used as the legal term for any business incorporated under the Companies Act 2006. Large scale companies will be PLCs in the United Kingdom and will usually have shares listed on a Stock Market. In British legal usage any registered company, created under the Companies Act 2006 and previous equivalent legislation, is, strictly, such a company is created by the administrative process of registration under the Companies Act as a general piece of legislation. A corporation, in this British sense, can be a corporation sole which consists of an office occupied by one person e. g. the monarch or certain bishops in England. Here, the office is recognized as separate from the individual who holds it, in the United States, a company may or may not be a separate legal entity, and is often used synonymously with firm or business. A corporation may accurately be called a company, however, a company should not necessarily be called a corporation, which has distinct characteristics. According to Blacks Law Dictionary, in America a company means a corporation — or, less commonly, the defining feature of a corporation is its legal independence from the people who create it. If a corporation fails, its shareholders will lose their money, shareholders are not liable for any remaining debts owed to the corporations creditors. This rule is called limited liability, and it is why corporations end with Ltd, in the words of British judge, Walton J, a company is. only a juristic figment of the imagination, lacking both a body to be kicked and a soul to be damned. But despite this, under just about every system in existence and as per international norms, corporations have the same legal rights. Corporations can exercise human rights against real individuals and the state, just as they are born into existence through its members obtaining a certificate of incorporation, they can die when they lose money into insolvency. Corporations can even be convicted of offences, such as fraud. Although some forms of companies are thought to have existed during Ancient Rome and Ancient Greece, with increasing international trade, Royal charters were granted in Europe to merchant adventurers
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Criminal law
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Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety and it includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, the first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians, another important early code was the Code Hammurabi, which formed the core of Babylonian law. Only fragments of the criminal laws of Ancient Greece have survived, e. g. those of Solon. In Roman law, Gaiuss Commentaries on the Twelve Tables also conflated the civil and criminal aspects, assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of compensation or damages. The criminal law of imperial Rome is collected in Books 47–48 of the Digest, the first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The development of the state dispensing justice in a court clearly emerged in the century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for enforcement, Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements, capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Length of incarceration may vary from a day to life, government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a convicted of a crime. Five objectives are widely accepted for enforcement of the law by punishments, retribution, deterrence. Jurisdictions differ on the value to be placed on each, retribution – Criminals ought to Be Punished in some way. This is the most widely seen goal, Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to balance the scales. People submit to the law to receive the right not to be murdered and if people contravene these laws, thus, one who murders may be executed himself
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UNIDROIT
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UNIDROIT is an intergovernmental organization on harmonization of private international law, its projects include drafting of international conventions and production of model laws. As of 2014, UNIDROIT has 63 member states, UNIDROIT headquarters are located in the centre of Rome, Italy, between via Nazionale and via Panisperna, where its main entrance can be found. States become members through acceding to its statute, the 63 members are, Former member states of UNIDROIT are Czechoslovakia, East Germany, Lebanon, the United Arab Republic, and Yugoslavia. English contract law UK commercial law Unidroit official website
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Jurisprudence
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Jurisprudence is the study and theory of law. It includes principles behind law that make the law, scholars of jurisprudence, also known as jurists or legal theorists, hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems, and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the law, civil law. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two groups, Problems internal to law and legal systems. Problems of law as a social institution as law relates to the larger political and social situation in which it exists. Answers to these questions come from four schools of thought in general jurisprudence. The foundations of law are accessible through reason and it is from these laws of nature that human-created laws gain whatever force they have. Legal positivism, by contrast to natural law, holds that there is no connection between law and morality and that the force of law comes from some basic social facts. Legal positivists differ on what facts are. Critical legal studies are a younger theory of jurisprudence that has developed since the 1970s and it holds that the law is largely contradictory, and can be best analyzed as an expression of the policy goals of a dominant social group. A further relatively new field is known as jurisprudence, concerned with the impact of legal processes on wellbeing. The English word is based on the Latin maxim jurisprudentia, juris is the form of jus meaning law. The word is first attested in English in 1628, at a time when the word prudence had the meaning of knowledge of or skill in a matter, the word may have come via the French jurisprudence, which is attested earlier. Ancient Indian jurisprudence is available in various Dharmaśāstra texts starting from the Dharmasutra of Bhodhayana. Jurisprudence already had this meaning in Ancient Rome even if at its origins the discipline was a in the jus of mos maiorum, an iudex then would judge a remedy according to the facts of the case. The law was implemented with new evolutive Institutiones, while remaining in the traditional scheme. Praetors were replaced in the 3rd century BC by a body of prudentes. Admission to this body was conditional upon proof of competence or experience, under the Roman Empire, schools of law were created, and the activity constantly became more academic
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International law
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Public international law concerns the structure and conduct of sovereign states, analogous entities, such as the Holy See, and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, the field of study combines two main branches, the law of nations and international agreements and conventions. The Italian jurist Sir Alberico Gentili was the first to write on public international law and it is usually distinguished from private international law, which concerns the resolution of conflict of laws. The concept of nationalism became increasingly important as people began to see themselves as citizens of a nation with a distinct national identity. Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and it does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but disclaims acts of perfidy, and, in general, because international law is a relatively new area of law its development and propriety in applicable areas are often subject to dispute. Under article 38 of the Statute of the International Court of Justice, in addition, judicial decisions and teachings may be applied as subsidiary means for the determination of rules of law. International treaty law comprises obligations states expressly and voluntarily accept between themselves in treaties, customary international law is derived from the consistent practice of States accompanied by opinio juris, i. e. the conviction of States that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally looked to as persuasive sources for custom in addition to direct evidence of state behavior. Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission, codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of peremptory norms as to all states with no permissible derogations. Colombia v Perú ICJ6, recognising custom as a source of international law, belgium v Spain ICJ1, only the state where a corporation is incorporated has standing to bring an action for damages for economic loss. Where there are disputes about the meaning and application of national laws. The subjective approach, which takes into consideration i. the idea behind the treaty, ii. treaties in their context, what the writers intended when they wrote the text. A third approach, which bases itself on interpretation in the light of its object and purpose, i. e. the interpretation that best suits the goal of the treaty and these are general rules of interpretation, specific rules might exist in specific areas of international law. Greece v United Kingdom ICJ1, ICJ had no jurisdiction to hear a dispute between the UK government and a private Greek businessman under the terms of a treaty
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United Nations System
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The United Nations System consists of the United Nations, its subsidiary organs, the specialized agencies, and affiliated organizations. This body, chaired by the Secretary-General of the United Nations, the United Nations System includes the United Nations and its subsidiary bodies, specialized agencies, and affiliated organizations. Some of the organizations of the United Nations System predate the founding of the United Nations in 1945 and were inherited after the dissolution of the League of Nations, the principal organ of the UN System was the United Nations itself. It has also established a number of subsidiary organs. The United Nations Security Council is one of the organs of the United Nations and is charged with the maintenance of international peace. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of international sanctions, and its powers are exercised through United Nations Security Council resolutions. The Security Council held its first session on 17 January 1946 at Church House, Westminster, there are 15 members of the Security Council, consisting of five veto-wielding permanent members and 10 elected non-permanent members with two-year terms. This basic structure is set out in Chapter V of the UN Charter, Security Council members must always be present at UN headquarters in New York so that the Security Council can meet at any time. The United Nations Economic and Social Council constitutes one of the six principal organs of the United Nations and it is responsible for co-ordinating the economic, social and related work of 14 UN specialized agencies, their functional commissions and five regional commissions. ECOSOC has 54 members, it holds a four-week session each year in July, since 1998, it has also held a meeting each April with finance ministers heading key committees of the World Bank and the International Monetary Fund. The ECOSOC serves as the forum for discussing international economic and social issues, and for formulating policy recommendations addressed to member states. The United Nations Secretariat is headed by the United Nations Secretary-General and it provides studies, information, and facilities needed by United Nations bodies for their meetings. It also carries out tasks as directed by the UN Security Council, the UN General Assembly, the UN Economic and Social Council, the Charter provides that the staff shall not seek or receive instructions from any authority other than the UN. Each UN member country is enjoined to respect the character of the Secretariat. The Secretary-General alone is responsible for staff selection, the International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands, the last was Palau, formerly part of the Trust Territory of the Pacific Islands, which became a member state of the United Nations in December 1994. The separately-administered funds and programmes, research and training institutes, throughout its history the United Nations General Assembly has established a number of programmes and funds to address particular humanitarian and development concerns. These bodies usually report to the General Assembly through an executive board, each of the funds and programmes is headed by an Executive Director at the Under-Secretary-General level and is governed by an Executive Board
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Alan Watson (legal scholar)
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W. A. J. Watson is a Scottish law and legal history expert, and is regarded as one of the worlds foremost authorities on Roman law, comparative law, legal history, and law and religion. He is credited for coining the term legal transplants, Watson was educated at St. Johns Grammar school and at the Hamilton Academy, subsequently attending the Glasgow University, graduating in Arts in 1954 and in Law in 1957. He began his academic career at Oxford University, before taking the Douglas Chair in Civil Law at the School of Law of his alma mater. He now serves as Distinguished Research Professor and holds the Ernest P. Rogers Chair at the University of Georgia School of Law and he is also Visiting Professor at the Edinburgh University School of Law, where he held the Chair in Civil Law from 1968 until 1981. Watson regularly serves as a lecturer at leading universities in the United States and such countries as Italy, Holland, Germany, France, Poland, South Africa, Israel. He has attended several sessions regarding the development of a law for the EU, including one in Maastricht in 2000. Agency for International Development, served as a member of the two-person U. S. team helping to revise the civil code for the new Republic of Armenia. He is a member of the Speculative Society and serves as North American secretary of the Stair Society. He is a board member of a number of learned journals. In 2005, the University of Belgrades Law School established the Alan Watson Foundation in honour of his worldwide scholarship, a prolific scholar, Watson has nearly 150 books and articles to his credit, many of which have been translated from English into other languages. His articles include Law Out of Context in The Edinburgh Law Review and Fox Hunting, Pheasant Shooting, Glasgow Herald 19 February 1965, page 10. The State, Law, and Religion, Pagan Rome, International Law in Archaic Rome, War and Religion
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Sociology of law
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The sociology of law is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging necessarily to the field of sociology whilst others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it neither as a sub-discipline of sociology nor as a branch of legal studies and its object encompasses the historical movement of law and justice and their relentless contemporary construction, e. g. The roots of the sociology of law can be traced back to the works of sociologists and jurists of the turn of the previous century, the relationship between law and society was sociologically explored in the seminal works of both Max Weber and Émile Durkheim. The writings on law by these classical sociologists are foundational to the sociology of law today. A number of scholars, mainly jurists, also employed social scientific theories. Notably among these were Leon Petrazycki, Eugen Ehrlich and Georges Gurvitch, for Max Weber, a so-called legal rational form as a type of domination within society, is not attributable to people but to abstract norms. He understood the body of coherent and calculable law in terms of a rational-legal authority, such coherent and calculable law formed a precondition for modern political developments and the modern bureaucratic state and developed in parallel with the growth of capitalism. Central to the development of law is the formal rationalisation of law on the basis of general procedures that are applied equally and fairly to all. Modern rationalised law is codified and impersonal in its application to specific cases. Over time, law has undergone a transformation from repressive law to restitutive law, restitutive law operates in societies in which there is a high degree of individual variation and emphasis on personal rights and responsibilities. For Durkheim, law is an indicator of the mode of integration of a society, Durkheim also argued that a sociology of law should be developed alongside, and in close connection with, a sociology of morals, studying the development of value systems reflected in law. In Fundamental Principles of the Sociology of Law, Eugen Ehrlich developed an approach to the study of law by focusing on how social networks. The latter emerged spontaneously as people interacted with other to form social associations. According to Kelsen, Ehrlich had confused Sein and Sollen, Petrazyckis work addressed sociological problems and his method was empirical, since he maintained that one could gain knowledge of objects or relationships only by observation. However, he couched his theory in the language of cognitive psychology, consequently, his contribution to the development of sociology of law remains largely unrecognized. Among those who were inspired by Petrazyckis work is the Polish legal sociologist Adam Podgórecki. Theodor Geiger developed an analysis of the Marxist theory of law
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Law and economics
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Law and economics or economic analysis of law is the application of economic theory to the analysis of law that begin mostly with scholars from the Chicago school of economics. Economic concepts are used to explain the effects of laws, to assess which legal rules are economically efficient, as used by lawyers and legal scholars, the phrase law and economics refers to the application of microeconomic analysis to legal problems. Because of the overlap between legal systems and political systems, some of the issues in law and economics are also raised in political economy, constitutional economics, approaches to the same issues from Marxist and critical theory/Frankfurt School perspectives usually do not identify themselves as law and economics. Here, consciously non-neoclassical approaches to economics are used for the analysis of legal problems, as early as in the 18th century, Adam Smith discussed the economic effects of mercantilist legislation. However, to economics to analyze the law regulating nonmarket activities is relatively new. A European law & economics movement around 1900 did not have any lasting influence, in 1961, Ronald Coase and Guido Calabresi independently from each other published two groundbreaking articles, The Problem of Social Cost and Some Thoughts on Risk Distribution and the Law of Torts. This can be seen as the point for the modern school of law. The University was headed by Robert Maynard Hutchins, a collaborator of Luhnow’s in setting up this “Chicago School. ”The University already had Frank Knight, George Stigler, Henry Simons. Soon, it would also have not just Hayek himself, but Director’s brother-in-law and Stigler’s friend Milton Friedman, and also Robert Fogel, Robert Lucas, Eugene Fama, Richard Posner, and Gary Becker. In 1958, Director founded the Journal of Law & Economics, which he co-edited with Nobel laureate Ronald Coase, in 1962, he helped to found the Committee on a Free Society. After retiring from the University of Chicago School of Law in 1965, Director relocated to California and he died September 11,2004, at his home in Los Altos Hills, California, ten days before his 103rd birthday. In the early 1970s, Henry Manne set out to build a center for law and he began at Rochester, worked at Miami, but was soon made unwelcome, moved to Emory, and ended up at George Mason. The last soon became a center for the education of judges—many long out of law school and never exposed to numbers, Manne also attracted the support of the John M. Olin Foundation, whose support accelerated the movement. Today, Olin centers for Law and Economics exist at many universities, Economic analysis of law is usually divided into two subfields, positive and normative. Positive law and economics uses economic analysis to predict the effects of legal rules. So, for example, an economic analysis of tort law would predict the effects of a strict liability rule as opposed to the effects of a negligence rule. Positive law and economics has also at times purported to explain the development of rules, for example the common law of torts. Normative law and economics goes one further and makes policy recommendations based on the economic consequences of various policies
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Law of France
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In academic terms, French law can be divided into two main categories, private law and public law. This differs from the common law conception in which the main distinction is between Criminal law and Civil Law. Private law governs relationships between individuals and it includes, in particular, Civil law. This branch refers to the field of law in common law systems. This branch encompasses the fields of law, civil law, family law, property law. Commercial law Employment law Public law defines the structure and the workings of the government as well as relationships between the state and individuals, also, during the colonial era some Muslim-dominated societies began to blend the sharia legal system with the French legal system as represented in local law. As mentioned, the civil law in France refers to private law. The main body of statutes and laws governing civil law and procedure are set out in the Civil Code of France, other private law statutes are also located in other codes such as commercial code in the Code of Commerce, or copyright law in the Intellectual Property Code. However, a number of offenses, e. g. slander. Relationship between citizens and public authorities, in particular the participation of French citizens to the exercise of public powers and it fixes the hierarchy of laws and rules within the French legal system and the relationship between these different norms. In France, most claims against local or national governments are handled by the administrative courts, the main administrative courts are the tribunaux administratifs and cours administratives dappel for appeals. The French body of law is called droit administratif. The commission intended to create a dozen or so EU criminal offences, indeed, led by its then-Commissioner for Justice and Home Affairs Franco Frattini - it insisted that the principle created in this decision applied to all policies, not just pollution policy. In May 2006, the Commission formally submitted to the EU Parliament, the Parliament began its consideration of the draft directive in March 2007. Introduction au droit ISBN 2-13-053181-4,127 pages One of the Que sais-je. series of pocketbook volumes, introduction to French law ISBN 1-85941-112-6. Principles of French law ISBN 0-19-876394-8, ISBN 0-19-876395-6, the French legal system 2nd ed. ISBN 0-421-53970-4. The French legal system 2nd ed. ISBN 0-406-90323-9, foreign law, current sources of codes and basic legislation in jurisdictions of the world v.24 cm. Series, AALL publications series 33, Contents v.1, ISBN 0-8377-0134-1, http, //www. foreignlawguide. com/ For both an overview and pointers toward further study, see the excellent introduction to the France section David, René
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Napoleonic Code
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The Napoleonic Code is the French civil code established under Napoléon I in 1804. It was drafted by a commission of four eminent jurists and entered force on 21 March 1804. The Code, with its stress on clearly written and accessible law, was a step in replacing the previous patchwork of feudal laws. Historian Robert Holtman regards it as one of the few documents that have influenced the whole world. It was, however, the first modern legal code to be adopted with a pan-European scope, the Napoleonic Code influenced developing countries outside Europe, especially in the Middle East, attempting to modernize their countries through legal reforms. The Institutes divide law into the law of, persons things actions, similarly, the Napoleonic Code divided law into law of, persons property acquisition of property civil procedure. Napoleon set out to reform the French legal system in accordance with the ideas of the French Revolution, because the old feudal and royal laws seemed confusing and contradictory. Before the Napoleonic Code, France did not have a set of laws, law consisted mainly of local customs. There were also exemptions, privileges, and special charters granted by the kings or other feudal lords, during the Revolution, the last vestiges of feudalism were abolished. Specifically, as to law, the many different bodies of law used in different parts of France were replaced by a single legal code. Jean-Jacques Régis de Cambacérès led this drafting process, a fresh start was made after Napoleon came to power in 1799. A commission of four eminent jurists was appointed in 1800, including Louis-Joseph Faure and chaired by Cambacérès, the Code was complete by 1801, after intensive scrutiny by the Council of State, but was not published until 21 March 1804. It was promulgated as the Civil Code of the French, but was renamed the Napoleonic Code from 1807 to 1815, and once again after the Second French Empire. The process developed mainly out of the various customals, but was inspired by Justinians sixth-century codification of Roman law, the development of the Napoleonic Code was a fundamental change in the nature of the civil law system, making laws clearer and more accessible. Such conflict led the Revolutionaries to take a view of judges making law. In theory, there is no case law in France. However, the still had to fill in the gaps in the laws and regulations and. Moreover, both the code and legislation have required judicial interpretation, thus a vast body of judicially-created law has come into existence
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Italy
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Italy, officially the Italian Republic, is a unitary parliamentary republic in Europe. Located in the heart of the Mediterranean Sea, Italy shares open land borders with France, Switzerland, Austria, Slovenia, San Marino, Italy covers an area of 301,338 km2 and has a largely temperate seasonal climate and Mediterranean climate. Due to its shape, it is referred to in Italy as lo Stivale. With 61 million inhabitants, it is the fourth most populous EU member state, the Italic tribe known as the Latins formed the Roman Kingdom, which eventually became a republic that conquered and assimilated other nearby civilisations. The legacy of the Roman Empire is widespread and can be observed in the distribution of civilian law, republican governments, Christianity. The Renaissance began in Italy and spread to the rest of Europe, bringing a renewed interest in humanism, science, exploration, Italian culture flourished at this time, producing famous scholars, artists and polymaths such as Leonardo da Vinci, Galileo, Michelangelo and Machiavelli. The weakened sovereigns soon fell victim to conquest by European powers such as France, Spain and Austria. Despite being one of the victors in World War I, Italy entered a period of economic crisis and social turmoil. The subsequent participation in World War II on the Axis side ended in defeat, economic destruction. Today, Italy has the third largest economy in the Eurozone and it has a very high level of human development and is ranked sixth in the world for life expectancy. The country plays a prominent role in regional and global economic, military, cultural and diplomatic affairs, as a reflection of its cultural wealth, Italy is home to 51 World Heritage Sites, the most in the world, and is the fifth most visited country. The assumptions on the etymology of the name Italia are very numerous, according to one of the more common explanations, the term Italia, from Latin, Italia, was borrowed through Greek from the Oscan Víteliú, meaning land of young cattle. The bull was a symbol of the southern Italic tribes and was often depicted goring the Roman wolf as a defiant symbol of free Italy during the Social War. Greek historian Dionysius of Halicarnassus states this account together with the legend that Italy was named after Italus, mentioned also by Aristotle and Thucydides. The name Italia originally applied only to a part of what is now Southern Italy – according to Antiochus of Syracuse, but by his time Oenotria and Italy had become synonymous, and the name also applied to most of Lucania as well. The Greeks gradually came to apply the name Italia to a larger region, excavations throughout Italy revealed a Neanderthal presence dating back to the Palaeolithic period, some 200,000 years ago, modern Humans arrived about 40,000 years ago. Other ancient Italian peoples of undetermined language families but of possible origins include the Rhaetian people and Cammuni. Also the Phoenicians established colonies on the coasts of Sardinia and Sicily, the Roman legacy has deeply influenced the Western civilisation, shaping most of the modern world
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Portugal
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Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. It is the westernmost country of mainland Europe, to the west and south it is bordered by the Atlantic Ocean and to the east and north by Spain. The Portugal–Spain border is 1,214 kilometres long and considered the longest uninterrupted border within the European Union, the republic also includes the Atlantic archipelagos of the Azores and Madeira, both autonomous regions with their own regional governments. The territory of modern Portugal has been settled, invaded. The Pre-Celts, Celts, Carthaginians and the Romans were followed by the invasions of the Visigothic, in 711 the Iberian Peninsula was invaded by the Moors, making Portugal part of Muslim Al Andalus. Portugal was born as result of the Christian Reconquista, and in 1139, Afonso Henriques was proclaimed King of Portugal, in the 15th and 16th centuries, Portugal established the first global empire, becoming one of the worlds major economic, political and military powers. Portugal monopolized the trade during this time, and the Portuguese Empire expanded with military campaigns led in Asia. After the 1910 revolution deposed the monarchy, the democratic but unstable Portuguese First Republic was established, democracy was restored after the Portuguese Colonial War and the Carnation Revolution in 1974. Shortly after, independence was granted to almost all its overseas territories, Portugal has left a profound cultural and architectural influence across the globe and a legacy of over 250 million Portuguese speakers today. Portugal is a country with a high-income advanced economy and a high living standard. It is the 5th most peaceful country in the world, maintaining a unitary semi-presidential republican form of government and it has the 18th highest Social Progress in the world, putting it ahead of other Western European countries like France, Spain and Italy. Portugal is a pioneer when it comes to drug decriminalization, as the nation decriminalized the possession of all drugs for use in 2001. The early history of Portugal is shared with the rest of the Iberian Peninsula located in South Western Europe, the name of Portugal derives from the joined Romano-Celtic name Portus Cale. Other influences include some 5th-century vestiges of Alan settlements, which were found in Alenquer, Coimbra, the region of present-day Portugal was inhabited by Neanderthals and then by Homo sapiens, who roamed the border-less region of the northern Iberian peninsula. These were subsistence societies that, although they did not establish prosperous settlements, neolithic Portugal experimented with domestication of herding animals, the raising of some cereal crops and fluvial or marine fishing. Chief among these tribes were the Calaicians or Gallaeci of Northern Portugal, the Lusitanians of central Portugal, the Celtici of Alentejo, a few small, semi-permanent, commercial coastal settlements were also founded in the Algarve region by Phoenicians-Carthaginians. Romans first invaded the Iberian Peninsula in 219 BC, during the last days of Julius Caesar, almost the entire peninsula had been annexed to the Roman Republic. The Carthaginians, Romes adversary in the Punic Wars, were expelled from their coastal colonies and it suffered a severe setback in 150 BC, when a rebellion began in the north
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Spain
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By population, Spain is the sixth largest in Europe and the fifth in the European Union. Spains capital and largest city is Madrid, other urban areas include Barcelona, Valencia, Seville, Bilbao. Modern humans first arrived in the Iberian Peninsula around 35,000 years ago, in the Middle Ages, the area was conquered by Germanic tribes and later by the Moors. Spain is a democracy organised in the form of a government under a constitutional monarchy. It is a power and a major developed country with the worlds fourteenth largest economy by nominal GDP. Jesús Luis Cunchillos argues that the root of the span is the Phoenician word spy. Therefore, i-spn-ya would mean the land where metals are forged, two 15th-century Spanish Jewish scholars, Don Isaac Abravanel and Solomon ibn Verga, gave an explanation now considered folkloric. Both men wrote in two different published works that the first Jews to reach Spain were brought by ship by Phiros who was confederate with the king of Babylon when he laid siege to Jerusalem. This man was a Grecian by birth, but who had given a kingdom in Spain. He became related by marriage to Espan, the nephew of king Heracles, Heracles later renounced his throne in preference for his native Greece, leaving his kingdom to his nephew, Espan, from whom the country of España took its name. Based upon their testimonies, this eponym would have already been in use in Spain by c.350 BCE, Iberia enters written records as a land populated largely by the Iberians, Basques and Celts. Early on its coastal areas were settled by Phoenicians who founded Western Europe´s most ancient cities Cadiz, Phoenician influence expanded as much of the Peninsula was eventually incorporated into the Carthaginian Empire, becoming a major theater of the Punic Wars against the expanding Roman Empire. After an arduous conquest, the peninsula came fully under Roman Rule, during the early Middle Ages it came under Germanic rule but later, much of it was conquered by Moorish invaders from North Africa. In a process took centuries, the small Christian kingdoms in the north gradually regained control of the peninsula. The last Moorish kingdom fell in the same year Columbus reached the Americas, a global empire began which saw Spain become the strongest kingdom in Europe, the leading world power for a century and a half, and the largest overseas empire for three centuries. Continued wars and other problems led to a diminished status. The Napoleonic invasions of Spain led to chaos, triggering independence movements that tore apart most of the empire, eventually democracy was peacefully restored in the form of a parliamentary constitutional monarchy. Spain joined the European Union, experiencing a renaissance and steady economic growth
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Romania
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Romania is a sovereign state located in Southeastern Europe. It borders the Black Sea, Bulgaria, Ukraine, Hungary, Serbia and it has an area of 238,391 square kilometres and a temperate-continental climate. With over 19 million inhabitants, the country is the member state of the European Union. Its capital and largest city, Bucharest, is the sixth-largest city in the EU, the River Danube, Europes second-longest river, rises in Germany and flows in a general southeast direction for 2,857 km, coursing through ten countries before emptying into Romanias Danube Delta. The Carpathian Mountains, which cross Romania from the north to the southwest are marked by one of their tallest peaks, Moldoveanu, modern Romania was formed in 1859 through a personal union of the Danubian Principalities of Moldavia and Wallachia. The new state, officially named Romania since 1866, gained independence from the Ottoman Empire in 1877, at the end of World War I, Transylvania, Bukovina and Bessarabia united with the sovereign Kingdom of Romania. Romania lost several territories, of which Northern Transylvania was regained after the war, following the war, Romania became a socialist republic and member of the Warsaw Pact. After the 1989 Revolution, Romania began a transition back towards democracy and it has been a member of NATO since 2004, and part of the European Union since 2007. A strong majority of the population identify themselves as Eastern Orthodox Christians and are speakers of Romanian. The cultural history of Romania is often referred to when dealing with artists, musicians, inventors. For similar reasons, Romania has been the subject of notable tourist attractions, Romania derives from the Latin romanus, meaning citizen of Rome. The first known use of the appellation was attested in the 16th century by Italian humanists travelling in Transylvania, Moldavia, after the abolition of serfdom in 1746, the word rumân gradually fell out of use and the spelling stabilised to the form român. Tudor Vladimirescu, a leader of the early 19th century. The use of the name Romania to refer to the homeland of all Romanians—its modern-day meaning—was first documented in the early 19th century. The name has been officially in use since 11 December 1861, in English, the name of the country was formerly spelt Rumania or Roumania. Romania became the predominant spelling around 1975, Romania is also the official English-language spelling used by the Romanian government. The Neolithic-Age Cucuteni area in northeastern Romania was the region of the earliest European civilization. Evidence from this and other sites indicates that the Cucuteni-Trypillian culture extracted salt from salt-laden spring water through the process of briquetage
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Louisiana
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Louisiana is a state located in the southern region of the United States. Louisiana is the 31st most extensive and the 25th most populous of the 50 United States and its capital is Baton Rouge and largest city is New Orleans. Louisiana is the state in the U. S. with political subdivisions termed parishes. The largest parish by population is East Baton Rouge Parish, Louisiana is bordered by Arkansas to the north, Mississippi to the east, Texas to the west, and the Gulf of Mexico to the south. Much of the lands were formed from sediment washed down the Mississippi River, leaving enormous deltas and vast areas of coastal marsh. These contain a rich southern biota, typical examples include birds such as ibis, there are also many species of tree frogs, and fish such as sturgeon and paddlefish. In more elevated areas, fire is a process in the landscape. These support a large number of plant species, including many species of orchids. Louisiana has more Native American tribes than any other state, including four that are federally recognized, ten that are state recognized. Before the American purchase of the territory in 1803, the current Louisiana State had been both a French colony and for a period, a Spanish one. In addition, colonists imported numerous African people as slaves in the 18th century, many came from peoples of the same region of West Africa, thus concentrating their culture. Louisiana was named after Louis XIV, King of France from 1643 to 1715, when René-Robert Cavelier, Sieur de La Salle claimed the territory drained by the Mississippi River for France, he named it La Louisiane. The suffix -ana is a Latin suffix that can refer to information relating to an individual, subject. Thus, roughly, Louis + ana carries the idea of related to Louis, the Gulf of Mexico did not exist 250 million years ago when there was but one supercontinent, Pangea. As Pangea split apart, the Atlantic Ocean and Gulf of Mexico opened, Louisiana slowly developed, over millions of years, from water into land, and from north to south. The oldest rocks are exposed in the north, in such as the Kisatchie National Forest. The oldest rocks date back to the early Tertiary Era, some 60 million years ago, the history of the formation of these rocks can be found in D. Spearings Roadside Geology of Louisiana. The sediments were carried north to south by the Mississippi River
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South America
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South America is a continent located in the western hemisphere, mostly in the southern hemisphere, with a relatively small portion in the northern hemisphere. It may also be considered a subcontinent of the Americas, which is the used in nations that speak Romance languages. The reference to South America instead of other regions has increased in the last decades due to changing geopolitical dynamics. It is bordered on the west by the Pacific Ocean and on the north and east by the Atlantic Ocean, North America and it includes twelve sovereign states, a part of France, and a non-sovereign area. In addition to this, the ABC islands of the Kingdom of the Netherlands, Trinidad and Tobago, South America has an area of 17,840,000 square kilometers. Its population as of 2005 has been estimated at more than 371,090,000, South America ranks fourth in area and fifth in population. Brazil is by far the most populous South American country, with more than half of the population, followed by Colombia, Argentina, Venezuela. In recent decades Brazil has also concentrated half of the regions GDP and has become a first regional power, most of the population lives near the continents western or eastern coasts while the interior and the far south are sparsely populated. Most of the continent lies in the tropics, the continents cultural and ethnic outlook has its origin with the interaction of indigenous peoples with European conquerors and immigrants and, more locally, with African slaves. Given a long history of colonialism, the majority of South Americans speak Portuguese or Spanish. South America occupies the portion of the Americas. The continent is delimited on the northwest by the Darién watershed along the Colombia–Panama border. Almost all of mainland South America sits on the South American Plate, South Americas major mineral resources are gold, silver, copper, iron ore, tin, and petroleum. These resources found in South America have brought high income to its countries especially in times of war or of rapid growth by industrialized countries elsewhere. However, the concentration in producing one major export commodity often has hindered the development of diversified economies and this is leading to efforts to diversify production to drive away from staying as economies dedicated to one major export. South America is one of the most biodiverse continents on earth, South America is home to many interesting and unique species of animals including the llama, anaconda, piranha, jaguar, vicuña, and tapir. The Amazon rainforests possess high biodiversity, containing a proportion of the Earths species. Brazil is the largest country in South America, encompassing around half of the land area
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Brazil
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Brazil, officially the Federative Republic of Brazil, is the largest country in both South America and Latin America. As the worlds fifth-largest country by area and population, it is the largest country to have Portuguese as an official language. Its Amazon River basin includes a vast tropical forest, home to wildlife, a variety of ecological systems. This unique environmental heritage makes Brazil one of 17 megadiverse countries, Brazil was inhabited by numerous tribal nations prior to the landing in 1500 of explorer Pedro Álvares Cabral, who claimed the area for the Portuguese Empire. Brazil remained a Portuguese colony until 1808, when the capital of the empire was transferred from Lisbon to Rio de Janeiro, in 1815, the colony was elevated to the rank of kingdom upon the formation of the United Kingdom of Portugal, Brazil and the Algarves. Independence was achieved in 1822 with the creation of the Empire of Brazil, a state governed under a constitutional monarchy. The ratification of the first constitution in 1824 led to the formation of a bicameral legislature, the country became a presidential republic in 1889 following a military coup détat. An authoritarian military junta came to power in 1964 and ruled until 1985, Brazils current constitution, formulated in 1988, defines it as a democratic federal republic. The federation is composed of the union of the Federal District, the 26 states, Brazils economy is the worlds ninth-largest by nominal GDP and seventh-largest by GDP as of 2015. A member of the BRICS group, Brazil until 2010 had one of the worlds fastest growing economies, with its economic reforms giving the country new international recognition. Brazils national development bank plays an important role for the economic growth. Brazil is a member of the United Nations, the G20, BRICS, Unasul, Mercosul, Organization of American States, Organization of Ibero-American States, CPLP. Brazil is a power in Latin America and a middle power in international affairs. One of the worlds major breadbaskets, Brazil has been the largest producer of coffee for the last 150 years and it is likely that the word Brazil comes from the Portuguese word for brazilwood, a tree that once grew plentifully along the Brazilian coast. In Portuguese, brazilwood is called pau-brasil, with the word brasil commonly given the etymology red like an ember, formed from Latin brasa and the suffix -il. As brazilwood produces a red dye, it was highly valued by the European cloth industry and was the earliest commercially exploited product from Brazil. The popular appellation eclipsed and eventually supplanted the official Portuguese name, early sailors sometimes also called it the Land of Parrots. In the Guarani language, a language of Paraguay, Brazil is called Pindorama
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