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

A black and white illustration depicts an upright young lady in a Tudor dress with a hunched old woman in the archetypal attire of a witch (a long black dress, large cane and pointed black hat) holding on to her left arm. A large crowd stands behind the pair.

The trials of the Pendle witches in 1612 are among the most famous witch trials in English history, and some of the best recorded of the 17th century. The twelve accused lived in the area surrounding Pendle Hill in Lancashire, and were charged with the murders of ten people by the use of witchcraft. All but two were tried at Lancaster Assizes on 18–19 August 1612, along with the Samlesbury witches and others, in a series of trials that have become known as the Lancashire witch trials. One was tried at York Assizes on 27 July 1612, and another died in prison. Of the eleven who went to trial – nine women and two men – ten were found guilty and executed by hanging; one was found not guilty.

The official publication of the proceedings by the clerk to the court, Thomas Potts, in his The Wonderfull Discoverie of Witches in the Countie of Lancaster, and the number of witches hanged together – nine at Lancaster and one at York – make the trials unusual for England at that time. It has been estimated that all the English witch trials between the early 15th and early 18th centuries resulted in fewer than 500 executions; this series of trials accounts for more than two per cent of that total. (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...)


Drawing of people regarding carved tablets.

The Laws of the Twelve Tables (Latin: lex duodecim tabularum) was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.

In the Forum, "The Twelve Tables" stated the rights and duties of the Roman citizen. Their formulation was the result of considerable agitation by the plebeian class, who had hitherto been excluded from the higher benefits of the Republic. The law had previously been unwritten and exclusively interpreted by upper-class priests, the pontifices. Something of the regard with which later Romans came to view the Twelve Tables is captured in the remark of Cicero (106–43 BC) that the "Twelve Tables...seems to me, assuredly to surpass the libraries of all the philosophers, both in weight of authority, and in plenitude of utility". Cicero scarcely exaggerated; the Twelve Tables formed the basis of Roman law for a thousand years.

The Twelve Tables are sufficiently comprehensive that their substance has been described as a 'code', although modern scholars consider this characterization exaggerated. The Tables are a sequence of definitions of various private rights and procedures. They generally took for granted such things as the institutions of the family and various rituals for formal transactions. The provisions were often highly specific and diverse. (Full article...)

Did you know...

  • ... that, in the cases of Klayman v. Obama and ACLU v. Clapper, US district courts issued conflicting rulings on the constitutionality of bulk data collection by the US government?
  • ... that in 2011, Nitehawk Cinema successfully lobbied to overturn a Prohibition-era liquor law that prevented movie theaters in New York from serving alcohol?

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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...)


Photograph of a court building.

Public Prosecutor v. Taw Cheng Kong is a landmark case decided in 1998 by the Court of Appeal of Singapore which shaped the landscape of Singapore's constitutional law. The earlier High Court decision, Taw Cheng Kong v. Public Prosecutor, was the first instance in Singapore's history that a statutory provision was struck down as unconstitutional. The matter subsequently reached the Court of Appeal when the Public Prosecutor applied for a criminal reference for two questions to be considered. The questions were:

  1. whether section 37(1) of the Prevention of Corruption Act (Cap. 241, 1993 Rev. Ed.) ("PCA") was ultra vires the powers of the legislature on the ground that the legislature had, under section 6(3) of the Republic of Singapore Independence Act 1965 (No. 9 of 1965, 1985 Rev. Ed.), been divested of the power to legislate extraterritorially; and
  2. whether section 37(1) of the PCA was discriminatory against Singapore citizens and hence inconsistent with Article 12(1) of the Constitution of the Republic of Singapore (1992 Reprint) (now the Singapore Constitution (1999 Reprint)).

In answering both questions in the negative, the Court of Appeal overturned the High Court's finding that the statute was unconstitutional. The Court of Appeal further clarified Singapore's stance on legislative plenary power and expounded upon Article 12(1) of the Constitution, explaining that the promise of equality does not mean that all persons are to be treated equally, but simply that all persons in like situations will be treated alike. Drawing on foreign case law, the Court of Appeal further outlined the test to determine if a differentiating law falls foul of Article 12. (Full article...)

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