Portal:Law

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Lady Justice, often used as a personification of the law, holding a sword in one hand and scales in the other.

Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.

Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Historically, religious law has influenced secular matters and is, as of the 21st century, still in use in some religious communities. Sharia law based on Islamic principles is used as the primary legal system in several countries, including Iran and Saudi Arabia.

The scope of law can be divided into two domains: public law concerns government and society, including constitutional law, administrative law, and criminal law; while private law deals with legal disputes between parties in areas such as contracts, property, torts, delicts and commercial law. This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts; by contrast, the public-private law divide is less pronounced in common law jurisdictions. (Full article...)

Selected article

To Kill a Mockingbird is a novel by the American author Harper Lee. It was published in July 1960 and became instantly successful. In the United States, it is widely read in high schools and middle schools. To Kill a Mockingbird has become a classic of modern American literature; a year after its release, it won the Pulitzer Prize. The plot and characters are loosely based on Lee's observations of her family, her neighbors and an event that occurred near her hometown of Monroeville, Alabama, in 1936, when she was ten.

Despite dealing with the serious issues of rape and racial inequality, the novel is renowned for its warmth and humor. Atticus Finch, the narrator's father, has served as a moral hero for many readers and as a model of integrity for lawyers. The historian Joseph Crespino explains, "In the twentieth century, To Kill a Mockingbird is probably the most widely read book dealing with race in America, and its main character, Atticus Finch, the most enduring fictional image of racial heroism." As a Southern Gothic novel and Bildungsroman, the primary themes of To Kill a Mockingbird involve racial injustice and the destruction of innocence. Scholars have noted that Lee also addresses issues of class, courage, compassion, and gender roles in the Deep South. Lessons from the book emphasize tolerance and decry prejudice. Despite its themes, To Kill a Mockingbird has been subject to campaigns for removal from public classrooms, often challenged for its use of racial epithets. In 2006, British librarians ranked the book ahead of the Bible as one "every adult should read before they die". (Full article...)

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painting of a man

William Murray, 1st Earl of Mansfield, PC (2 March 1705 – 20 March 1793), was a British judge, politician, lawyer and peer best known for his reforms to English law. Born in Scone Palace, Perthshire to a family of Scottish nobility, he was educated in Perth before moving to London at the age of 13 to study at Westminster School. Accepted into Christ Church, Oxford in May 1723, Mansfield graduated four years later and returned to London, where he was he was called to the Bar by Lincoln's Inn in November 1730 and quickly gained a reputation as an excellent barrister.

He became involved in British politics in 1742, beginning with his election to the House of Commons as a Member of Parliament for Boroughbridge and appointment as Solicitor General. In the absence of a strong Attorney General, Mansfield became the main spokesman for the government in the House of Commons, where he was noted for his "great powers of eloquence" and was described as "beyond comparison the best speaker". With the promotion of Sir Dudley Ryder to Lord Chief Justice in 1754, Mansfield became Attorney General and, when Ryder unexpectedly died several months later, he took his place as Chief Justice.

As the most powerful British jurist of the 18th century, Mansfield's decisions reflected the Age of Enlightenment and moved the country onto the path to abolishing slavery. He advanced commercial law in ways that helped establish Britain as world leader in industry, finance and trade; modernised both English law and England's courts; rationalised the system for submitting motions, and reformed the way judgments were delivered to reduce expense for the parties. For his work in Carter v Boehm and Pillans v Van Mierop, Mansfield has been called the founder of English commercial law. (Full article...)

Selected statute

A statute is a formal written enactment of a legislative body, a stage in the process of legislation. Typically, statutes command or prohibit something, or declare policy. Statutes are laws made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, regulations issued by government agencies, and oral or customary law.[better source needed] Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...)


The Statute of Monopolies (21 Jas. 1. c. 3) was an act of the Parliament of England notable as the first statutory expression of English patent law. Patents evolved from letters patent, issued by the monarch to grant monopolies over particular industries to skilled individuals with new techniques. Originally intended to strengthen England's economy by making it self-sufficient and promoting new industries, the system gradually became seen as a way to raise money (through charging patent-holders) without having to incur the public unpopularity of a tax. Elizabeth I particularly used the system extensively, issuing patents for common commodities such as starch and salt. Unrest eventually persuaded her to turn the administration of patents over to the common law courts, but her successor, James I, used it even more. Despite a committee established to investigate grievances and excesses, Parliament made several efforts to further curtail the monarch's power. The result was the Statute of Monopolies, passed on 29 May 1624 (although at the time this was thought to be 1623).

The statute repealed some past and future patents and monopolies but preserved exceptions: one of these was for patents for novel inventions. Seen as a key moment in the evolution of patent law, the statute has also been described as "one of the landmarks in the transition of [England's] economy from the feudal to the capitalist". Even with the statute in force, it took over a century for a comprehensive legal doctrine around patents to come into existence, and James I's successor Charles I regularly abused the patents system by ensuring that all cases relating to his actions were heard in conciliar courts, which he controlled. The English Civil War and the resulting English Restoration finally curtailed this system. The statute is still the basis for Australian law, and until the United Kingdom began following the European Patent Convention in 1977, was also a strong pillar of the United Kingdom's intellectual property law. (Full article...)

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Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (Full article...)


Sepia-toned photograph of a man in a wig

Motte v Faulkner (decided 28 November 1735) was a copyright lawsuit between Benjamin Motte and George Faulkner over who had the legal rights to publish the works of Jonathan Swift in London. This trial was one of the first to test the Statute of Anne copyright law in regards to Irish publishing independence. Although neither held the copyright to all of Swift's works, the suit became a legal struggle over Irish rights, which were eventually denied by the English courts. Faulkner, in 1735, published the Works of Jonathan Swift in Dublin. However, a few of the works were under Motte's copyright within the Kingdom of Great Britain, and when Faulkner sought to sell his book in London, Motte issued a formal complaint to Jonathan Swift and then proceeded to sue Faulkner. An injunction was issued in Motte's favor, and the book was prohibited from being sold on British soil. The basis of the law protected the rights of the author, and not the publisher, of the works, and Swift was unwilling to support a lawsuit against Faulkner. With Swift's reaction used as a basis, the lawsuit was later seen as a struggle between the rights of Irishmen to print material that were denied under English law. (Full article...)

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