Jurisprudence is the study and theory of law. It includes principles behind law that make the law, scholars of jurisprudence, 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 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
France, officially the French Republic, is a country with territory in western Europe and several overseas regions and territories. The European, or metropolitan, area of France extends from the Mediterranean Sea to the English Channel and the North Sea, Overseas France include French Guiana on the South American continent and several island territories in the Atlantic and Indian oceans. France spans 643,801 square kilometres and had a population of almost 67 million people as of January 2017. It is a unitary republic with the capital in Paris. Other major urban centres include Marseille, Lille, Toulouse, during the Iron Age, what is now metropolitan France was inhabited by the Gauls, a Celtic people. The area was annexed in 51 BC by Rome, which held Gaul until 486, France emerged as a major European power in the Late Middle Ages, with its victory in the Hundred Years War strengthening state-building and political centralisation. During the Renaissance, French culture flourished and a colonial empire was established.
The 16th century was dominated by civil wars between Catholics and Protestants. France became Europes dominant cultural and military power under Louis XIV, in the 19th century Napoleon took power and established the First French Empire, whose subsequent Napoleonic Wars shaped the course of continental Europe. Following the collapse of the Empire, France endured a succession of governments culminating with the establishment of the French Third Republic in 1870. Following liberation in 1944, a Fourth Republic was established and dissolved in the course of the Algerian War, the Fifth Republic, led by Charles de Gaulle, was formed in 1958 and remains to this day. Algeria and nearly all the colonies became independent in the 1960s with minimal controversy and typically retained close economic. France has long been a centre of art, science. It hosts Europes fourth-largest number of cultural UNESCO World Heritage Sites and receives around 83 million foreign tourists annually, France is a developed country with the worlds sixth-largest economy by nominal GDP and ninth-largest by purchasing power parity.
In terms of household wealth, it ranks fourth in the world. France performs well in international rankings of education, health care, life expectancy, France remains a great power in the world, being one of the five permanent members of the United Nations Security Council with the power to veto and an official nuclear-weapon state. It is a member state of the European Union and the Eurozone. It is a member of the Group of 7, North Atlantic Treaty Organization, Organisation for Economic Co-operation and Development, the World Trade Organization, originally applied to the whole Frankish Empire, the name France comes from the Latin Francia, or country of the Franks
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, 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, 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 exemptions 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
A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments, in the separation of model, they are often contrasted with the executive. Laws enacted by legislatures are known as legislation, legislatures observe and steer governing actions and usually have exclusive authority to amend the budget or budgets involved in the process. The members of a legislature are called legislators, each chamber of legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation. There must be a number of legislators present to carry out these activities. Some of the responsibilities of a legislature, such as giving first consideration to newly proposed legislation, are delegated to committees made up of small selections of the legislators. The members of a legislature usually represent different political parties, the members from each party generally meet as a caucus to organize their internal affairs, the internal organization of a legislature is shaped by the informal norms that are shared by its members.
Legislatures vary widely in the amount of power they wield, compared to other political players such as judiciaries, militaries. In 2009, political scientists M. Steven Fish and Matthew Kroenig constructed a Parliamentary Powers Index in an attempt to quantify the different degrees of power among national legislatures, such a system renders the legislature more powerful. Legislatures will sometime delegate their legislative power to administrative or executive agencies, legislatures are made up of individual members, known as legislators, who vote on proposed laws. For example, a legislature that has 100 seats has 100 members, by extension, an electoral district that elects a single legislator can be described as a seat, as, example, in the phrases safe seat and marginal seat. In parliamentary systems of government, the executive is responsible to the legislature which may remove it with a vote of no confidence, names for national legislatures include parliament, congress and assembly. A legislature which operates as a unit is unicameral, one divided into two chambers is bicameral, and one divided into three chambers is tricameral.
In bicameral legislatures, one chamber is considered the upper house. In federations, the upper house typically represents the component states. This is a case with the legislature of the European Union. Tricameral legislatures are rare, the Massachusetts Governors Council still exists, tetracameral legislatures no longer exist, but they were previously used in Scandinavia. Legislatures vary widely in their size, among national legislatures, Chinas National Peoples Congress is the largest with 2987 members, while Vatican Citys Pontifical Commission is the smallest with 7
A judge presides over court proceedings, either alone or as a part of a panel of judges. The powers, method of appointment, the judge is supposed to conduct the trial impartially and, typically, in an open court. In some jurisdictions, the judges powers may be shared with a jury, in inquisitorial systems of criminal investigation, a judge might be an examining magistrate. A variety of traditions have become associated with the rank or occupation, in many parts of the world, judges wear long robes and sit on an elevated platform during trials. In some countries, especially in the Commonwealth of Nations, judges wear wigs, the long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to a wig would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts, American judges frequently wear black robes. American judges have ceremonial gavels, although American judges have court deputies or bailiffs, however, in some of the Western United States, like California, judges did not always wear robes and instead wore everyday clothing.
Today, some members of state courts, such as the Maryland Court of Appeals wear distinct dress. In Italy and Portugal both judges and lawyers wear black robes. In Oman, the judge wears a stripe, while the attorneys wear the black gown. In Hong Kong, court proceedings are conducted in either English or Cantonese Chinese, Judges of Hong Kong retain many of the English traditions such as wearing wigs and robes in trials. In the lower courts, magistrates are addressed as Your worship, in writing, the post-nominal letters PJ is used to refer to a permanent judge of the Court of Final Appeal and NPJ to a non-permanent judge. In the High Court, the abbreviation JA is used to denote a justice of appeal, Masters of the High Court are addressed as Master. When trials are conducted in Chinese, judges were addressed, in Cantonese, as Fat Goon Dai Yan before the transfer of sovereignty from the United Kingdom to China, and as Fat Goon Gok Ha since 1997. In India, judges of the Supreme Court and the High Courts were addressed as Your Lordship or My Lord and Your Ladyship or My Lady, the Bar Council of India had adopted a resolution in April 2006 and added a new Rule 49 in the Advocates Act.
As per the rule, lawyers can address the court as Your Honour, if it is a subordinate court, lawyers can use terms such as sir or any equivalent phrase in the regional language concerned. Explaining the rationale behind the move, the Bar Council had held that the such as My Lord
President of Mexico
The President of the United Mexican States is the head of state and government of Mexico. Under the Constitution, the president is the Supreme Commander of the Mexican armed forces, the current President is Enrique Peña Nieto, who took office on December 1,2012. Currently, the office of the President is considered to be revolutionary, another legacy of the Revolution is its ban on re-election. Mexican presidents are limited to a single term, called a sexenio. No one who has held the post, even on a basis, is allowed to run or serve again. The constitution and the office of the President closely follow the system of government. Chapter III of Title III of the Constitution deals with the branch of government and sets forth the powers of the president. He is vested with the executive power of the Union. Be a resident of Mexico for at least twenty years, be thirty-five years of age or older at the time of the election. Be a resident of Mexico for the year prior to the election. Not be an official or minister of any church or religious denomination, not be in active military service during the six months prior to the election.
Not have been president already, even in a provisional capacity, the ban on any sort of presidential re-election, dating back to the aftermath of the Porfiriato and the end of the Mexican Revolution, has remained in place even as it was relaxed for other offices. In 2014, the constitution was amended to allow Deputies and Senators to run for a consecutive term. Previously and Senators were barred from successive re-election, the restriction on presidential re-election, even if it is nonsuccessive, remained in place. The presidential term was set at four years from 1821 to 1934, the president is elected by direct, universal suffrage. Whoever wins a plurality of the national vote is elected. The most recent former President, Felipe Calderón, won with 36. 38% of the votes in the 2006 general election, finishing only 0.56 percent above his nearest rival, Andrés Manuel López Obrador. Former President Vicente Fox was elected with a plurality of 43% of the vote, Ernesto Zedillo won 48% of the vote
Supreme Court of the United States
The Supreme Court of the United States is the highest federal court of the United States. In the legal system of the United States, the Supreme Court is the interpreter of federal constitutional law. The Court normally consists of the Chief Justice of the United States and eight justices who are nominated by the President. Once appointed, justices have life tenure unless they resign, retire, in modern discourse, the justices are often categorized as having conservative, moderate, or liberal philosophies of law and of judicial interpretation. Each justice has one vote, and while many cases are decided unanimously, the Court meets in the United States Supreme Court Building in Washington, D. C. The Supreme Court is sometimes referred to as SCOTUS, in analogy to other acronyms such as POTUS. The ratification of the United States Constitution established the Supreme Court in 1789 and its powers are detailed in Article Three of the Constitution. The Supreme Court is the court specifically established by the Constitution.
The Court first convened on February 2,1790, by which five of its six initial positions had been filled. According to historian Fergus Bordewich, in its first session, he Supreme Court convened for the first time at the Royal Exchange Building on Broad Street and they had no cases to consider. After a week of inactivity, they adjourned until September, the sixth member was not confirmed until May 12,1790. Because the full Court had only six members, every decision that it made by a majority was made by two-thirds. However, Congress has always allowed less than the Courts full membership to make decisions, under Chief Justices Jay and Ellsworth, the Court heard few cases, its first decision was West v. Barnes, a case involving a procedural issue. The Courts power and prestige grew substantially during the Marshall Court, the Marshall Court ended the practice of each justice issuing his opinion seriatim, a remnant of British tradition, and instead issuing a single majority opinion. Also during Marshalls tenure, although beyond the Courts control, the impeachment, the Taney Court made several important rulings, such as Sheldon v.
Nevertheless, it is primarily remembered for its ruling in Dred Scott v. Sandford, which helped precipitate the Civil War. In the Reconstruction era, the Chase and Fuller Courts interpreted the new Civil War amendments to the Constitution, during World War II, the Court continued to favor government power, upholding the internment of Japanese citizens and the mandatory pledge of allegiance. Nevertheless, Gobitis was soon repudiated, and the Steel Seizure Case restricted the pro-government trend, the Warren Court dramatically expanded the force of Constitutional civil liberties. It held that segregation in public schools violates equal protection and that traditional legislative district boundaries violated the right to vote
A notary is a lawyer or person with legal training who is licensed by the government to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems, in the United States, a signing agent, known as a loan signing agent, is a notary public who specializes in notarizing mortgage and real estate documents. Documents are notarized to deter fraud and to ensure they are properly executed, an impartial witness identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly. Loan documents including deeds, contracts, powers of attorney are very common documents needing notarization, most Roman law-based systems have the civil law notary, a legal professional working in civil law performing many more functions. The Worshipful Company of Scriveners use an old English term for a notary, however, in Roman Law states or provinces, notaries or title attorneys provide many of the same services as lawyers except any involvement in disputes to be presented before a court.
Civil law notary Notary public Media related to Notaries at Wikimedia Commons
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 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, economic analysis. Law raises important and complex issues concerning equality, 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 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
A state is a type of polity that is an organized political community living under a single system of government. States may or may not be sovereign, for instance, federated states are members of a federal union, and may have only partial sovereignty, but are, states. Some states are subject to external sovereignty or hegemony, in which ultimate sovereignty lies in another state, States that are sovereign are known as sovereign states. The term state can refer to the branches of government within a state, often as a manner of contrasting them with churches. Speakers of American English often use the state and government as synonyms. Many human societies have been governed by states for millennia, over time a variety of different forms developed, employing a variety of justifications of legitimacy for their existence. In the 21st century, the modern nation-state is the predominant form of state to which people are subjected, there is no academic consensus on the most appropriate definition of the state.
The term state refers to a set of different, but interrelated and often overlapping, general categories of state institutions include administrative bureaucracies, legal systems, and military or religious organizations. Another commonly accepted definition of the state is the one given at the Montevideo Convention on Rights, according to the Oxford English Dictionary, a state is a. an organized political community under one government, a commonwealth, a nation. B. such a community forming part of a federal republic, confounding the definition problem is that state and government are often used as synonyms in common conversation and even some academic discourse. According to this schema, the states are nonphysical persons of international law. The relationship between a government and its state is one of representation and authorized agency, States may be classified as sovereign if they are not dependent on, or subject to any other power or state. Other states are subject to external sovereignty or hegemony where ultimate sovereignty lies in another state, many states are federated states which participate in a federal union. A federated state is a territorial and constitutional community forming part of a federation, such states differ from sovereign states in that they have transferred a portion of their sovereign powers to a federal government.
One can commonly and sometimes readily classify states according to their apparent make-up or focus, the concept of the nation-state, theoretically or ideally co-terminous with a nation, became very popular by the 20th century in Europe, but occurred rarely elsewhere or at other times. Imperial states have sometimes promoted notions of racial superiority, the concept of temple states centred on religious shrines occurs in some discussions of the ancient world. To some extent, urban secession, the creation of a new city-state, a state can be distinguished from a government. The government is the group of people, the administrative bureaucracy that controls the state apparatus at a given time