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

Paragraph 175 (known formally as §175 StGB; also known as Section 175 in English) was a provision of the German Criminal Code from 15 May 1871 to 10 March 1994. It made sexual relations between males a crime, and in early revisions the provision also criminalized bestiality as well as forms of prostitution and underage sexual abuse. Overall, around 140,000 men were convicted under the law. The law had always been controversial and inspired the first homosexual movement, which called for its repeal.

The statute drew legal influence from previous measures, including those undertaken by the Holy Roman Empire and Prussian states. It was amended several times. The Nazis broadened the law in 1935 as part of the most severe persecution of homosexual men in history. It was one of the few Nazi-era laws retained in its original form in West Germany, although East Germany reverted to the pre-Nazi version. In 1987, the law was ruled unconstitutional in East Germany, and was repealed there in 1989. In West Germany, the law was revised in 1969, 1973, and finally repealed in 1994. (Full article...)

Selected biography

Lithograph of an English man

Claud Schuster, 1st Baron Schuster, GCB, CVO, QC (22 August 1869 – 28 June 1956), was a British barrister and civil servant noted for his long tenure as Permanent Secretary to the Lord Chancellor's Office. Born to a Mancunian business family, Schuster was educated at St. George's School, Ascot and Winchester College before matriculating at New College, Oxford in 1888 to read history. After graduation, he joined the Inner Temple with the aim of becoming a barrister, and was called to the Bar in 1895. Practising in Liverpool, Schuster was not noted as a particularly successful barrister, and he joined Her Majesty's Civil Service in 1899 as secretary to the Chief Commissioner of the Local Government Act Commission.

After serving as secretary to several more commissions, he was made Permanent Secretary to the Lord Chancellor's Office in 1915. Schuster served in this position for 29 years under ten different Lord Chancellors, and with the contacts obtained thanks to his long tenure and his work outside the Office he became "one of the most influential Permanent Secretaries of the 20th century". His influence over decisions within the Lord Chancellor's Office and greater Civil Service led to criticism and suspicions that he was a "power behind the throne", which culminated in a verbal attack by the Lord Chief Justice Lord Hewart in 1934 during a session of the House of Lords. Schuster retired in 1944 and was elevated to the peerage. Despite being officially retired he continued to work in government circles, such as with the Allied Commission for Austria and by using his seat in the House of Lords as a way to directly criticise legislation. (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...)


The first page of the Accurate News and Information Act

The Accurate News and Information Act (complete title: An Act to Ensure the Publication of Accurate News and Information) was a statute passed by the Legislative Assembly of Alberta, Canada, in 1937, at the instigation of William Aberhart's Social Credit government. It would have required newspapers to print "clarifications" of stories that a committee of Social Credit legislators deemed inaccurate, and to reveal their sources on demand.

The act was a result of the stormy relationship between Aberhart and the press, dating to before the 1935 election, in which the Social Credit League was elected to government. Virtually all of Alberta's newspapers—especially the Calgary Herald—were critical of Social Credit, as were a number of publications from elsewhere in Canada. Even the American media had greeted Aberhart's election with derision.

Though the act won easy passage through the Social Credit-dominated legislature, Lieutenant-Governor of Alberta John C. Bowen reserved royal assent until the Supreme Court of Canada evaluated the act's legality. In 1938's Reference re Alberta Statutes, the court found that it was unconstitutional, and it never became law. (Full article...)

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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...)


A painting of some rocks in the middle of the sea

The Pedra Branca dispute was a territorial dispute between Singapore and Malaysia over several islets at the eastern entrance to the Singapore Strait, namely Pedra Branca (previously called Pulau Batu Puteh and now Batu Puteh by Malaysia), Middle Rocks and South Ledge. The dispute began in 1979 and was largely resolved by the International Court of Justice (ICJ) in 2008, which opined that Pedra Branca belonged to Singapore and Middle Rocks belonged to Malaysia. Sovereignty over South Ledge belongs to the state in the territorial waters of which it is located.

In early 1980, Singapore lodged a formal protest with Malaysia in response to a map published by Malaysia in 1979 claiming Pedra Branca. In 1989 Singapore proposed submitting the dispute to the ICJ. Malaysia agreed to this in 1994. In 1993, Singapore also claimed the nearby islets Middle Rocks and South Ledge. In 1998 the two countries agreed on the text of a Special Agreement that was needed to submit the dispute to the ICJ. The Special Agreement was signed in February 2003, and the ICJ formally notified of the Agreement in July that year. The hearing before the ICJ was held over three weeks in November 2007 under the name Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia v. Singapore).

On 23 May 2008, the Court ruled that Pedra Branca is under Singapore's sovereignty, while Middle Rocks belongs to Malaysia. As regards South Ledge, the Court noted that it falls within the apparently overlapping territorial waters generated by mainland Malaysia, Pedra Branca and Middle Rocks. As it is a maritime feature visible only at low tide, it belongs to the state in the territorial waters of which it is located. Malaysia and Singapore have established what they have named the Joint Technical Committee to delimit the maritime boundary in the area around Pedra Branca and Middle Rocks, and to determine the ownership of South Ledge. (Full article...)

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