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

Targeted Killing in International Law is a book about the legality of targeted killing, written by Nils Melzer. It was first published by Oxford University Press in May 2008. The book explores the history of targeted killing, as a government strategy by multiple countries including the United States, the United Kingdom, Israel, Switzerland and Germany; for both military and law enforcement purposes. Melzer argues that directly after the September 11 attacks in the United States, perceptions of the tactic became more positive.

Melzer holds a PhD degree in law from the University of Zürich. His dissertation dealt with targeted killing and the book updates and revises that work. He had earlier written on the subject for Yearbook of International Humanitarian Law in 2006. Melzer serves as a legal advisor for the International Committee of the Red Cross (ICRC). He has lectured at the Master-level at the Geneva Academy of International Humanitarian Law and Human Rights. (Full article...)

Selected biography

Earl Warren as Chief Justice of the Supreme Court

Earl Warren (March 19, 1891 – July 9, 1974) was an American lawyer, politician, and jurist who served as the 30th governor of California from 1943 to 1953 and as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a "Constitutional Revolution" in the liberal direction, with Warren writing the majority opinions in landmark cases such as Brown v. Board of Education (1954), Reynolds v. Sims (1964), Miranda v. Arizona (1966), and Loving v. Virginia (1967). Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. He served as Governor of California from 1943 to 1953, and is the last chief justice to have served in an elected office before nomination to the Supreme Court. Warren is generally considered to be one of the most influential Supreme Court justices and political leaders in the history of the United States.

Warren served as Thomas E. Dewey's running mate in the 1948 presidential election, but the ticket lost the election to incumbent President Harry S. Truman and Senator Alben W. Barkley in an election upset. Warren sought the Republican nomination in the 1952 presidential election, but the party nominated General Dwight D. Eisenhower. After Eisenhower won election as president, he appointed Warren as Chief Justice. A series of rulings made by the Warren Court in the 1950s helped lead to the decline of McCarthyism. Warren helped arrange a unanimous decision in Brown v. Board of Education (1954), which ruled that racial segregation in public schools was unconstitutional. After Brown, the Warren Court continued to issue rulings that helped bring an end to the segregationist Jim Crow laws that were prevalent throughout the Southern United States. In Heart of Atlanta Motel, Inc. v. United States (1964), the Court upheld the Civil Rights Act of 1964, a federal law that prohibits racial segregation in public institutions and public accommodations.

In the 1960s, the Warren Court handed down several landmark rulings that significantly transformed criminal procedure, redistricting, and other areas of the law. Many of the Court's decisions incorporated the Bill of Rights, making the protections of the Bill of Rights apply to state and local governments. Gideon v. Wainwright (1963) established a criminal defendant's right to an attorney in felony cases, and Miranda v. Arizona (1966) required police officers to give what became known as the Miranda warning to suspects taken into police custody that advises them of their constitutional protections. Reynolds v. Sims (1964) established that all state legislative districts must be of roughly equal population size, while the Court's holding in Wesberry v. Sanders (1964) required equal populations for congressional districts, thus achieving "one man, one vote" in the United States. Schmerber v. California (1966) established that forced extraction of a blood sample is not compelled testimony, illuminating the limits on the protections of the 4th and 5th Amendments and Warden v. Hayden (1967) dramatically expanded the rights of police to seize evidence with a search warrant, reversing the mere evidence rule. Furthermore, Griswold v. Connecticut (1965) established a constitutional right to privacy and struck down a state law that restricted access to contraceptives, and Loving v. Virginia (1967) struck down state anti-miscegenation laws, which had banned or otherwise regulated interracial marriage. Warren announced his retirement in 1968 and was succeeded by Appellate Judge Warren E. Burger in 1969. The Warren Court's rulings have received criticism, but have received widespread support and acclamation from both liberals and conservatives. As yet, few of the Court's decisions have been overturned. (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...)


A filer warning of, among other things, "mental hygiene"

The Alaska Mental Health Enabling Act of 1956 (Public Law 84-830) was an Act of Congress passed to improve mental health care in the United States territory of Alaska. It became the focus of a major political controversy after opponents nicknamed it the "Siberia Bill" and denounced it as being part of a communist plot to hospitalize and brainwash Americans. Campaigners asserted that it was part of an international Jewish, Roman Catholic or psychiatric conspiracy intended to establish United Nations-run concentration camps in the United States.

The legislation in its original form was sponsored by the Democratic Party, but after it ran into opposition, it was rescued by the conservative Republican Senator Barry Goldwater. Under Goldwater's sponsorship, a version of the legislation without the commitment provisions that were the target of intense opposition from a variety of far-right, anti-Communist and fringe religious groups was passed by the United States Senate. The controversy still plays a prominent role in the Church of Scientology's account of its campaign against psychiatry.

The Act succeeded in its initial aim of establishing a mental health care system for Alaska, funded by income from lands allocated to a mental health trust. However, during the 1970s and early 1980s, Alaskan politicians systematically stripped the trust of its lands, transferring the most valuable land to private individuals and state agencies. The asset stripping was eventually ruled to be illegal following several years of litigation, and a reconstituted mental health trust was established in the mid-1980s. (Full article...)

Did you know...

Red dresses representing missing and murdered Indigenous women.

  • ... that after the death of Olaseni Lewis, who was restrained by 11 police officers, UK law was changed to require police to wear body cameras when dealing with vulnerable people?

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Selected case

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 oval portrait of a man with a high collar.

Thomas Bonham v College of Physicians, commonly known as Dr. Bonham's Case or simply Bonham's Case, was a case decided in 1610 by the Court of Common Pleas in England, under Sir Edward Coke, the court's Chief Justice, in which it was ruled that Dr. Bonham had been wrongfully imprisoned by the College of Physicians for practising medicine without a licence. Dr. Bonham's attorneys had argued that imprisonment was reserved for malpractice not illicit practice, with Coke agreeing in the majority opinion.

The case is notable because Coke argued in the decision's rationale that "in many cases, the common law will control Acts of Parliament", the act of parliament in question being the "College of Physicians Act 1553" which gave the college the right to imprison. The meaning of this phrase has been disputed over the years. According to one interpretation, Coke intended the kind of judicial review that would later develop in the United States, but other scholars believe that Coke meant only to construe a statute, not to challenge parliamentary sovereignty. If Coke intended the former, he may have later changed his view. The statement by Coke is sometimes considered to be an obiter dictum (a statement made 'by the way'), rather than part of the ratio decidendi (rationale for the decision) of the case.

After an initial period during which Coke's controversial view enjoyed some support but no statutes were declared void, Bonham's Case was thrown aside as a precedent, in favour of the growing doctrine of parliamentary sovereignty. William Blackstone, one of the most prominent supporters of the doctrine, argued that Parliament is the sovereign lawmaker, preventing the common law courts from throwing aside or reviewing statutes in the fashion that Coke had suggested. Parliamentary sovereignty is now the accepted judicial doctrine in the legal system of England and Wales. (Full article...)

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