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The Law Portal

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...)

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The Legazpi-Sikatuna Blood Compact or Sandugo (Spanish: Pacto de Sangre) was a blood compact, performed in the island of Bohol in the Philippines, between the Spanish explorer Miguel López de Legazpi and Datu Sikatuna, chieftain of Bohol, on March 16, 1565, to seal their friendship following tribal tradition. This is considered the first treaty of friendship between the Spaniards and Filipinos. "Sandugo" is a Visayan word which means "one blood".

The Sandugo is depicted in both the provincial flag and the official seal of the government in Bohol. It also features the image of the blood compact. The top of the seal explains the history behind the Sandugo event that occurred in Bohol, the fleet and the location where the Spaniards anchored and the place where the treaty was conducted which was dated on March 16, 1565. (Full article...)

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Sir Matthew Hale SL (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise Historia Placitorum Coronæ, or The History of the Pleas of the Crown. (Full article...)

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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 Defective Premises Act 1972 (c. 35) is an act of the Parliament of the United Kingdom that covers landlords' and builders' liability for poorly constructed and poorly maintained buildings, along with any injuries that may result. During the 19th century, the common law principle that a landlord could not be liable for letting a poorly maintained house was established, while a long-running principle was that, in practice, builders could not be sued for constructing defective buildings. The courts began to turn against the first principle during the 20th century, imposing several restrictions on the landlord's immunity, but the landlord was still largely free from being sued.

The Defective Premises Bill was introduced to the House of Commons as a private member's bill by Ivor Richard on 1 December 1971, and given the royal assent on 29 June 1972, coming into force as the Defective Premises Act 1972 on 1 January 1974. The act establishes a duty of care builders and their sub-contractors owe to the occupiers of property they construct or modify, and also establishes a duty of care landlords hold towards their tenants and any third parties who might be injured by their failure to maintain or repair property. The act received a mixed reaction from critics; while some complimented it on its simple nature compared to the previously complex common rule laws, others felt that it was too limited for what was desired to be achieved, and that the wording used was at times both too vague and too specific. (Full article...)

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Did you know...

... that Dutch physician Aletta Jacobs′ legal challenge to be added to the Amsterdam electoral rolls backfired, leading to a constitutional amendment granting voting rights only to men?

... that in English law, legal relations created in a social context are not considered binding?

... that in 2011, Argentinian lawyer Elsa Kelly (pictured) was appointed the first women judge on the International Tribunal for the Law of the Sea?

... that the English Statute of Enrolments, believed to have been emergency legislation, contains no preamble and was drafted by the Clerk of the House of Commons rather than a legislator?

... that when Henry McCardie was a barrister, he often worked so late that his chambers were nicknamed "the lighthouse", as there was light coming from the windows?

... that the diaries of James Humphreys, the "Emperor of Porn", were used to convict 13 policemen of accepting his bribes?

... that a kidney transplantation scandal led to a 2011 amendment to the law on organ donation in India?

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Selected images

Image 1Painting of a jury deliberating
Image 2The defendants sitting in the dock during the Nuremberg Trials
Image 3King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash
Image 4The Constitution of India
Image 5Jawaharlal Nehru at the Allahabad High Court
Image 6Jeremy Bentham's writings influenced law for generations.
Image 7Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law'
Image 8Signing of the Magna Carta
Image 9A courtroom in Tokyo, Japan
Image 10Justices of the Supreme Court of the United States as of October 2020
Image 11The first Supreme Court of Puerto Rico
Image 12The Langdell Library of Harvard Law School
Image 13Legal systems of the world
Image 14Statue of Lady Justice holding scales
Image 15Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis.

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...)

Al-Kateb v Godwin, was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a stateless person was lawful. The case concerned Ahmed Al-Kateb, a Palestinian man born in Kuwait, who moved to Australia in 2000 and applied for a temporary protection visa. The Commonwealth Minister for Immigration's decision to refuse the application was upheld by the Refugee Review Tribunal and the Federal Court. In 2002, Al-Kateb declared that he wished to return to Kuwait or Gaza. However, since no country would accept Al-Kateb, he was declared stateless and detained under the policy of mandatory detention.

The two main issues considered by the High Court were whether the Migration Act 1958 (the legislation governing immigration to Australia) permitted a person in Al-Kateb's situation to be detained indefinitely, and if so, whether this was permissible under the Constitution of Australia. A majority of the court decided that the Act did allow indefinite detention, and that the Act was not unconstitutional.

The controversy surrounding the outcome of the case resulted in a review of the circumstances of twenty-four stateless people in immigration detention. Al-Kateb and 8 other stateless people were granted bridging visas in 2005 and while this meant they were released from detention, they were unable to work, study or obtain various government benefits. Al-Kateb was granted a permanent visa in October 2007. (Full article...)

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See also: Lists of case law

More Did you know (auto-generated)

... that since being left vacant the grade II–listed Occleshaw House in Leyland, Lancashire, has been used as an illegal cannabis farm and suffered a suspected arson attack?
... that Brazilian computer science researcher and internet pioneer Tadao Takahashi negotiated with drug lords to install internet equipment in his country?
... that Latin legal maxims like casum sentit dominus have been described as "guardians of eternity [...] more lasting than codifications"?
... that Utah state representative Charles Redd successfully proposed the legalization of horse racing and betting in 1925, only to successfully propose making it illegal again two years later?
... that Freedom of Religion South Africa filed an unsuccessful lawsuit to keep child spanking legal?
... that Hirsch Sommerhausen worked as a court translator in a dozen languages?

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General images

The following are images from various law-related articles on Wikipedia.

Image 1Gratian (from Judiciary)
Image 2The Supreme Court Building houses the Supreme Court of the United States, the highest court in the federal judiciary of the United States. (from Judiciary)
Image 3Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence)
Image 4King John of England signs the Magna Carta (from Legal history)
Image 5Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence)
Image 6Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law)
Image 7Mill believed law should create happiness. (from Jurisprudence)
Image 8Aristotle, by Francesco Hayez (from Jurisprudence)
Image 9The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words (from Legal history)
Image 10Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary)
Image 11Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence)
Image 12Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence)
Image 13Corpus Iuris Civilis, 1607 (from Judiciary)
Image 14Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence)

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