Law
From the Simple English Wikipedia, the free encyclopedia that anyone can change
Law is a system of rules that people are supposed to follow in a society or a country. The courts and police enforce this system of rules and punish people who break the laws, such as by making them pay a fine or other penalty or sending them to jail. In ancient societies, laws were written by leaders, to set out rules on how people can live, work and do business with each other. Today in most countries, laws are written and voted on by groups of elected politicians in a legislature, such as a parliament or congress. To follow the laws of a society is to do legal things. An activity is illegal if it breaks a law or does not follow the laws.
A legal code is a written code of laws that are enforced. This may deal with things like police, courts, or punishments. A lawyer or jurist or attorney is a professional who studies and argues the rules of law. In the United States, there are two kinds of attorneys - "transactional" attorneys who write contracts and "litigators" who go to court.
The Rule of Law is the law that says that Government can only legally use its power in the way the government and the people agree. It limits the powers a Government has, as agreed in a country's constitution. The Rule of Law prevents dictatorship and protects the rights of the people. When leaders enforce the legal code honestly, even on themselves and their friends, this is an example of the rule of law being followed. "The rule of law", wrote the ancient Greek philosopher Aristotle in 350 BC, "is better than the rule of any individual."
Culture is usually a major source of the principles behind many laws, as people tend to trust the ideas based on family and social habits. In many countries throughout history, religion and religious books such as the Bible or the Koran have been a major source of law.
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[change] Types of law
- Contract law sets rules on agreements to buy and sell items and services.
- Property law states the rights and obligations that a person has when they buy, sell, or rent homes and buildings.
- Trust law sets out the rules for money that is put into an investment, such as pension funds that people save up for their retirement.
- Tort law helps people to make claims for compensation (repayment) when someone hurts them or hurts their property.
- Criminal law is used by the government to prosecute and punish people who break laws.
- Constitutional law is used to create laws on how different levels of governments can act and on human rights.
- Administrative law is used by ordinary citizens who want to challenge decisions made by governments.
- International law is used to set out the rules on how countries can act in areas such as trade, the environment, or military action. The Geneva Conventions on the conduct of war are an example of international law.
- Intellectual Property (IP) law is an umbrella term for various legal entitlements which attach to certain names, written and recorded media, and inventions. The holders of these legal entitlements may exercise various exclusive rights in relation to the subject matter of the IP.
[change] Civil law and common law
Civil law is the legal system used in most countries around the world today. Civil law is based on legislation that is found in constitutions or statutes passed by government. The secondary part of civil law is the legal approaches that are part of custom.
Common law is based on the decisions made by judges in past court cases. It comes from England and it became part of almost every country that once belonged to the British Empire, except Scotland, and the Canadian province of Quebec. Common law had its beginnings in the Middle Ages, when King John was forced by his barons to sign a document called the Magna Carta, which limited his authority to pass laws. Over time it developed solid principles.
[change] Religious law
Religious law is law based on religious beliefs or books. Examples include the Jewish Halakha, Islamic Sharia, and Christian Canon law. Until the 1700s, Sharia law was the main legal system throughout the Muslim world. In some Muslim countries such as Saudi Arabia and Iran, the whole legal systems still base their law in Sharia law.
[change] History of law
The history of law is closely connected to the development of human civilisations. Ancient Egyptian law developed in 3000 BC. In 1760 BC King Hammurabi, took ancient Babylonian law and organized it, and then had it chiseled in stone for the public to see in the marketplace. These laws became known as the Codex Hammurabi.
The Torah from the Old Testament is probably the oldest body of law. It was written in about 1280 BC. It has moral rules such as the Ten Commandments, that tell people what acts are not permitted.
[change] Judiciary
The judiciary is a group of judges who resolve people's disputes and determine whether people who are charged with crimes are guilty. Most countries have a system of appeals courts, up to a supreme authority such as the Supreme Court or the High Court. The highest courts usually have the power to remove laws that are unconstitutional (which go against the constitution).
[change] Legislature
In democracies, the people in a country usually elect people called politicians to be a representative in a legislature. Examples of legislatures include the Houses of Parliament in London, the Congress in Washington D.C., the Bundestag in Berlin, the Duma in Moscow and the Assemblée nationale in Paris. Most legislatures have two chambers or houses, a 'lower house' and an 'upper house'. To pass legislation, a majority of Members of Parliament must vote for a bill in each house.
[change] Executive (government) and Head of State
The executive is the governing center of political authority. In most democratic countries, the executive is elected from people who are in the legislature. This group of elected people is called the cabinet. In France, the US and Russia, the executive branch has a President which exists separately from the legislature.
The executive suggests new laws and deals with other countries. As well, the executive usually controls the military, the police, and the bureaucracy. The executive selects ministers, or secretaries of state to control departments such as the health department or the department of justice.
[change] Other parts of the legal system
The police enforce the criminal laws by arresting people suspected of breaking the law. Bureaucrats are the government workers and government organizations that do work for the government. Bureaucrats work within a system of rules, and they make their decisions in writing.
Lawyers are people who have learned about laws. Lawyers give people advice about their legal rights and duties and represent people in court. To become a lawyer, a person has to complete a two or three-year university program at a law school and pass an entrance examination. Lawyers work in a law firms, for the government, for companies, or by themselves.
Civil society is the people and groups that are not part of government that try to protect people against human rights abuses and try to protect freedom of speech and other individual rights. Organizations that are part of civil society include political parties, debating clubs, trade unions, human rights organizations, newspapers, and charities.
[change] Other Things to Read
- H.L.A. Hart, The Concept of Law, (Penelope A. Bullock & Joseph Raz eds. 2nd ed. 1994) (1961).
- Sandro Nielsen: The Bilingual LSP Dictionary. Principles and Practice for Legal Language. Benjamins 1994.
- A Companion to Contemporary Political Philosophy. edited by Robert E. Goodin and Philip Pettit. ISBN 0-631-19951-9.
- Johnson, Alan (1995). The Blackwell Dictionary of Sociology. Blackwells publishers. ISBN 1557861161.
- Handbook of Political Institutions. edited by R. A. W. Rhodes, Sarah A. Binder and Bert A. Rockman. Oxford University Press. ISBN 0-199-27569-6
- An Introduction to IP Law. edited by John Watts. Oxford University Press. Available at Patent Professionals LLC
