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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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Selected article

Tracing is a procedure in English law used to identify property (such as money) which has been taken from the claimant involuntarily or which the claimant wishes to recover. It is not in itself a way to recover the property, but rather to identify it so that the courts can decide what remedy to apply. The procedure is used in several situations, broadly demarcated by whether the property has been transferred because of theft, breach of trust, or mistake.

Tracing is divided into two forms, common law tracing and equitable tracing. Common law tracing relies on the claimant having legal ownership of the property, and will fail if the property has been mixed with other property, the legal title has been transferred to the defendant, or the legal title has been transferred by the defendant to any further recipient of the property. Equitable tracing, on the other hand, relies on the claimant having an equitable interest in the property, and can succeed where the property has been mixed with other property.

Defences to tracing are possible, particularly if returning the property would harm an innocent defendant, where the claimant has made false representations that the defendant relied on to his detriment, or where the property has been transferred to an innocent third party without anything given to the defendant in return that the claimant could recover in lieu. (Full article...)

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Selected biography

Antonin Gregory Scalia (/ˌæntənɪn skəˈliːə/ ^ⓘ; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018, and the Antonin Scalia Law School at George Mason University was named in his honor.

Scalia was born in Trenton, New Jersey. A devout Catholic, he attended the Jesuit Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six years at Jones Day before becoming a law professor at the University of Virginia. In the early 1970s, he served in the Nixon and Ford administrations, eventually becoming an Assistant Attorney General under President Gerald Ford. He spent most of the Carter years teaching at the University of Chicago, where he became one of the first faculty advisers of the fledgling Federalist Society. In 1982, President Ronald Reagan appointed Scalia as a judge of the U.S. Court of Appeals for the District of Columbia Circuit. Four years later, Reagan appointed him to the Supreme Court, where Scalia became its first Italian-American justice following a unanimous confirmation by the U.S. Senate 98–0.

Scalia espoused a conservative jurisprudence and ideology, advocating textualism in statutory interpretation and originalism in constitutional interpretation. He peppered his colleagues with "Ninograms" (memos named for his nickname, "Nino") intending to persuade them to his point of view. He was a strong defender of the powers of the executive branch and believed that the U.S. Constitution permitted the death penalty and did not guarantee the right to either abortion or same-sex marriage. Furthermore, Scalia viewed affirmative action and other policies that afforded special protected status to minority groups as unconstitutional. Such positions would earn him a reputation as one of the most conservative justices on the Court. He filed separate opinions in many cases, often castigating the Court's majority—sometimes scathingly so. (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...)

A scan of the appendix page of the Japanese Act on National Flag and Anthem

The Act on National Flag and Anthem (国旗及び国歌に関する法律, Kokki Oyobi Kokka ni Kansuru Hōritsu), abbreviated as 国旗国歌法, is a law that formally established Japan's national flag and anthem. Before its ratification on August 13, 1999, there was no official flag or anthem for Japan. The nisshōki (日章旗) flag, commonly referred to as the hinomaru (日の丸), had represented Japan unofficially since 1870; "Kimigayo" (君が代) had been used as Japan's de facto anthem since 1880.

After Japan's defeat in World War II, there were suggestions to legislate the hinomaru and Kimigayo as the official symbols of Japan. However, a law to establish the hinomaru and Kimigayo as official in 1974 failed in the National Diet, due to the opposition of the Japan Teachers Union that insists they have a connection with Japanese militarism. It was suggested that both the hinomaru and Kimigayo should be made official after a school principal in Hiroshima committed suicide over a dispute regarding the use of the flag and anthem in a school ceremony.

After a vote in both houses of the National Diet, the law was passed on August 9, 1999. Promulgated and enforced on August 13, 1999, it was considered one of the most controversial laws passed by the National Diet in the 1990s. The debate surrounding the law also revealed a split in the leadership of the opposition Democratic Party of Japan (DPJ) and the unity of the ruling Liberal Democratic Party (LDP) and coalition partners.

The passage of the law was met with mixed reactions. Although some Japanese hailed the passage, others felt that it was a shift toward restoring nationalistic feelings and culture: It was passed in time for the tenth anniversary of the Emperor Akihito's reign. In the countries that Japan had occupied during World War II, some felt that the law's passage, along with debates on laws related to military affairs and Yasukuni Shrine, marked a shift in Japan toward the political right. Regulations and government orders issued in the wake of this law, especially those issued by the Tokyo Board of Education, were also challenged in court by some Japanese due to conflicts with the Japanese constitution. (Full article...)

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Did you know...

... that the Franklin County Courthouse (pictured) incorporates the walls and columns left after Confederate forces burned the previous courthouse during the American Civil War?

... that a bipartisan commission was established by law in 2003 with the mandate to study prison rape in the United States?

... that T. Muthuswamy Iyer was the first Indian judge of the Madras High Court?

... that a grand jury found Arizona Territory's "Thieving Thirteenth" legislature exceeded a US$4,000 legal limitation for operating expenses by US$46,744.50?

... that English gynaecologist Margaret Puxon, who started studying law to prevent boredom while on maternity leave, eventually became a barrister?

... that the Stephen Downing case, also known as the Bakewell Tart murder, has been described as the longest miscarriage of justice in British legal history?

... that John B. Creeden was a founder of both Boston College Law School and Georgetown University's School of Foreign Service?

More did you know facts

Selected images

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

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...)

Gyles v Wilcox (1740) 26 ER 489 was a decision of the Court of Chancery of England that established the doctrine of fair abridgement, which would later evolve into the concept of fair use. The case was heard and the opinion written by Philip Yorke, 1st Earl of Hardwicke, and concerned Fletcher Gyles, a bookseller who had published a copy of Matthew Hale's Pleas of the Crown. Soon after the initial publication, the publishers Wilcox and Nutt hired a writer named Barrow to abridge the book, and repackaged it as Modern Crown Law. Gyles sued for a stay on the book's publishing, claiming his rights under the Statute of Anne had been infringed.

The main issues in the case were whether or not abridgements of a work inherently constituted copyright infringement, or whether they could qualify as a separate, new work. Lord Hartwicke ruled that abridgements fell under two categories: "true abridgements" and "coloured shortenings". True abridgements presented a true effort on the part of the editor, and by this effort, constituted a new work which did not infringe upon the copyright of the original. Leaving it to literary and legal experts to decide, Hartwicke ruled that Modern Crown Law was not a true abridgement, but merely a duplication intending to circumvent the law. (Full article...)

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See also: Lists of case law

More Did you know (auto-generated)

... that Fort Hampton was constructed by the United States Army to warn Americans to leave and keep them from illegally settling in Chickasaw territory?
... that until a 1982 legal decision, women were not permitted to stand at the bar at El Vino in London?
... that, before same-sex unions were legally recognised in the UK, the London Partnership Register allowed nearly 1,000 couples to celebrate their relationships?
... that The Outdoor Circle opposed a 2009 visit to Hawaii by the Wienermobile, believing its presence in the state was illegal?
... that despite being legally available in most cases, abortion in Taiwan is still criminalized under the penal code?
... that in 2009, residents of Maine voted to repeal a law that would have legalized same-sex marriage?

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General images

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

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

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