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. Private law deals with legal disputes between individuals and/or organisations 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

Illustration of a woman surrounded by boisterous men.

Wife selling in England was a way of ending an unsatisfactory marriage that probably began in the late 17th century, when divorce was a practical impossibility for all but the very wealthiest. After parading his wife with a halter around her neck, arm, or waist, a husband would publicly auction her to the highest bidder. Wife selling provides the backdrop for Thomas Hardy's 1886 novel The Mayor of Casterbridge, in which the central character sells his wife at the beginning of the story, an act that haunts him for the rest of his life, and ultimately destroys him.

Although the custom had no basis in law and frequently resulted in prosecution, particularly from the mid-19th century onwards, the attitude of the authorities was equivocal. At least one early 19th-century magistrate is on record as stating that he did not believe he had the right to prevent wife sales, and there were cases of local Poor Law Commissioners forcing husbands to sell their wives, rather than having to maintain the family in workhouses.

Wife selling persisted in England in some form until the early 20th century; according to the jurist and historian James Bryce, writing in 1901, wife sales were still occasionally taking place during his time. In one of the last reported instances of a wife sale in England, a woman giving evidence in a Leeds police court in 1913 claimed that she had been sold to one of her husband's workmates for £1. (Full article...)

Selected biography

A black and white photograph of Scipio Africanus Jones

Scipio Africanus Jones (August 3, 1863 – March 2, 1943) was an American educator, lawyer, judge, philanthropist, and Republican politician from the state of Arkansas. He was most known for having guided the appeals of the twelve African-American men condemned to death after the Elaine Massacre of October 1919. More than one hundred African Americans were indicted in the aftermath of the riot, although an estimated one hundred to two hundred Black Americans were killed in the county, along with five whites. No whites were prosecuted by the state. The case was appealed to the United States Supreme Court, which in Moore v. Dempsey (1923) set a precedent of reviewing the conduct of state criminal trials against the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

Born into slavery in Smith Township near Tulip in Dallas County in south Arkansas, Jones became a successful and powerful businessman. Jones was the first lawyer in Arkansas to raise the question that African Americans had not been permitted to serve on grand juries and petit juries. In 1915, Jones broke a color barrier when he was appointed to serve as acting judge of the Little Rock police court, presiding over a case in which all the parties were blacks, as were the witnesses and attorneys except the city attorney, who supported having a Negro judge preside at this particular trial. Jones also represented Negro Shriners as part of a successful defense against efforts to keep them from using the name and paraphernalia of the Shriners organization. (Full article...)

Selected statute

A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. (Full article...)


The cover of the Basic Law, published by the Constitutional and Mainland Affairs Bureau

The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration.

The Basic Law was enacted under the Constitution of China when it was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 when Hong Kong was transferred from the United Kingdom to China. It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions. (Full article...)

Did you know...

  • ... that although Elizabeth Richards Tilton (pictured) was a central figure in a six-month-long trial, she was never allowed to speak in court?

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Selected case

Case law, also used interchangeably with common law, is 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...)


Dietrich v The Queen is a 1992 High Court of Australia constitutional case which established a person accused of serious criminal charges must be granted an adjournment until appropriate legal representation is provided if they are unrepresented through no fault of their own and proceeding would result in the trial being unfair.

Until the 5–2 opinion of Dietrich v The Queen, it was customary for those unable to afford legal representation to be forced to represent themselves at trial, even when facing serious criminal charges. Previous High Court rulings found representation preferable but not a requisite for a fair trial.

The case originated in the County Court of Victoria, where Olaf Dietrich, later known as Hugo Rich, had been convicted of importing a trafficable quantity of heroin. Prior to trial, Dietrich had applied for legal assistance through several avenues, all of which were rejected. The Victorian Court of Criminal Appeal rejected the appeal and the matter was escalated to the High Court of Australia. Counsel for Dietrich applied for appeal on one ground; Dietrich's lack of legal representation meant the trial in the County Court of Victoria was quashed and a new trial ordered. (Full article...)

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