Portal:Law


Introduction

Lady Justice, a goddess symbolising justice who bears a sword - symbolising the coercive power of a tribunal -, scales - representing an objective standard by which competing claims are weighed - and a blindfold indicating that justice should be impartial and meted out objectively, without fear or favor and regardless of money, wealth, power or identity.

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. 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, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.

A general distinction can be made between (a) civil law jurisdictions, in which a legislature or other central body codifies and consolidates their laws, and (b) common law systems, where judge-made precedent is accepted as binding law. Historically, religious laws played a significant role even in settling of secular matters, and is still used in some religious communities. Islamic Sharia law is the world's most widely used religious law, and is used as the primary legal system in some countries, such as Iran and Saudi Arabia.

Selected article

Front of historic building used by the regional court in Dresden

On 1 July 2009, Marwa Ali El-Sherbini, an Egyptian woman and German resident, was killed during an appeal hearing at a court of law in Dresden, Germany. She was stabbed by Alex Wiens, an ethnic German immigrant from Russia against whom she had testified in a criminal case for verbal abuse. El-Sherbini's husband, who was present at the hearing, tried to intervene and was mistakenly shot by a police officer who was called to the court room. Wiens was arrested at the crime scene and subsequently tried for and found guilty of both murder and attempted murder. It was also found that Wiens's deeds constituted a heinous crime; he was sentenced to life imprisonment.

The death of El-Sherbini immediately resulted in international reactions. The Egyptian public and media focused attention on the religious and racial hatred aspect of the killing, especially as the initial confrontation between the victim and perpetrator had happened because she wore an Islamic headscarf. In response to anti-German sentiments and public protests in Egypt and other countries, the German government issued a statement of condolence nine days after the incident. Wiens's trial for murder and attempted murder occurred under strict security measures and was observed by national and international media, diplomats and legal experts. (more...)

Selected biography

Ioan Constantin Filitti (May 8, 1879 - September 21, 1945) was a Romanian historian, diplomat and conservative theorist, best remembered for his contribution to social history, legal history, genealogy and heraldry. A member of the Conservative Party and an assistant of its senior leader Titu Maiorescu, he had aristocratic (boyar) origins and an elitist perspective. Among his diverse contributions, several focus on 19th-century modernization under the Regulamentul Organic regime, during which Romania was ruled upon by the Russian Empire. As a historian, Filitti is noted for his perfectionism, and for constantly revising his own works.

I. C. Filitti had an auspicious debut in diplomacy and politics, but his career was mired in controversy. A "Germanophile" by the start of World War I, he secretly opposed the pact between Romania and the Entente Powers, and opted to stay behind in German-occupied territory. He fell into disgrace for serving the collaborationist Lupu Kostaki as Prefect and head of the National Theater, although he eventually managed to overturn his death sentence for treason. Filitti became a recluse, focusing on his scholarship and press polemics, but was allowed to serve on the Legislative Council after 1926. (more...)

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Selected picture

A statute of a seated judge
Photograph taken by dbking and uploaded by Gary Dee
Chief Justice John Marshall (1755 - 1835), an American statesman and jurist who greatly influenced constitutional law

Selected case

A modern photograph to the entrance to Jin Long Si Temple

Eng Foong Ho v. Attorney-General is the name of two cases of the Singapore courts, a High Court decision delivered in 2008 and the 2009 judgment by the Court of Appeal. The main issue raised by the case was whether the Collector of Land Revenue had treated the plaintiffs (later appellants), who were devotees of the Jin Long Si Temple, unequally by compulsorily acquiring for public purposes the land on which the temple stood but not the lands of a Hindu mission and a Christian church nearby. It was alleged that the authorities had acted in violation of Article 12(1) of the Constitution of the Republic of Singapore, which guarantees the rights to equality before the law and equal protection of the law.

The High Court held that the plaintiffs lacked locus standi to bring the action as they were not the temple's legal owners. In any case, as there was evidence that the authorities had rational reasons for treating the temple property differently from the property of the Mission and the Church, the High Court found that there had been no breach of Article 12(1). Furthermore, the Court determined that the plaintiffs were guilty of inordinate delay in bringing the action. (more...)

Selected statute

A black and white scan shows a page labelled "Regulamentul Organic" in the Romanian Cyrillic transitional alphabet. Below the title is a logo of a large bird with spread wings and a cross in its beak. Three straight black lines, incorporating flowers in the corners and in the centre of each side, are used as the page borders.

Regulamentul Organic (Romanian name, translated as Organic Statute or Organic Regulation; French: Règlement Organique, Russian: O , Organichesky reglament) was a quasi-constitutional organic law enforced in 1834-1835 by the Imperial Russian authorities in Moldavia and Wallachia (the two Danubian Principalities that were to become the basis of the modern Romanian state). The onset of a common Russian protectorate which lasted until 1854, and itself in force until 1858, the document signified a partial confirmation of traditional government (including rule by the hospodars). Conservative in its scope, it also engendered a period of unprecedented reforms which provided a setting for the Westernization of local society. The Regulament offered the two Principalities their first common system of government. (more...)

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