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Socialist law is the legal systems in communist states such as the former Soviet Union and the People’s Republic of China. Academic opinion is divided on whether it is a separate system from civil law, given major deviations based on Marxist–Leninist ideology, such as subordinating the judiciary to the executive ruling party. English common law was largely customary law and unwritten, until discovered, applied, and reported by the courts of law. In a narrow sense, common law is the phrase still used to distinguish case law from statutory law.
- Professor Hampson is a scholar of bankruptcy, insolvency, and the ethics of debt.
- 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.
- When you are lost, look up your case on Westlaw, hit the History tab and bask in the glow of enlightenment.
- A similar tendency to seek definitions which are distinct from those used in other areas of social policy can be found in anti-discrimination law.
In China and other developing countries there are not sufficient professionally trained people to staff the existing judicial systems, and, accordingly, formal standards are more relaxed. Until the 18th century, Sharia Law News was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire’s Mecelle code in the 19th century being a first attempt at codifying elements of Sharia law. Since the mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions. In modern times, the legal systems of many Muslim countries draw upon both civil and common law traditions as well as Islamic law and custom. The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia. Saudi Arabia recognises Quran as its constitution, and is governed on the basis of Islamic law.
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It is the internal ecclesiastical law governing the Catholic Church , the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.
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For instance, the Quran has some law, and it acts as a source of further law through interpretation, Qiyas , Ijma and precedent. This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively. Another example is the Torah or Old Testament, in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some Israeli communities choose to use. The Halakha is a code of Jewish law that summarizes some of the Talmud’s interpretations. Nevertheless, Israeli law allows litigants to use religious laws only if they choose.
Admiralty law and the sea law lay a basic framework for free trade and commerce across the world’s oceans and seas, where outside of a country’s zone of control. Shipping companies operate through ordinary principles of commercial law, generalised for a global market. Admiralty law also encompasses specialised issues such as salvage, maritime liens, and injuries to passengers. Law and commerceCompany law sprang from the law of trusts, on the principle of separating ownership of property and control. The law of the modern company began with the Joint Stock Companies Act 1856, passed in the United Kingdom, which provided investors with a simple registration procedure to gain limited liability under the separate legal personality of the corporation.
King Hammurabi is revealed the code of laws by the Mesopotamian sun god Shamash, also revered as the god of justice. Hugo Grotius, the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. Immanuel Kant believed a moral imperative requires laws “be chosen as though they should hold as universal laws of nature”. Jeremy Bentham and his student Austin, following David Hume, believed that this conflated the “is” and what “ought to be” problem. Bentham and Austin argued for law’s positivism; that real law is entirely separate from “morality”.
Anarchist law primarily deals with how anarchism is implemented upon a society, the framework based on decentralized organizations and mutual aid, with representation through a form of direct democracy. A large portion of anarchist ideologies such as anarcho-syndicalism and anarcho-communism primarily focuses on decentralized worker unions, cooperatives and syndicates as the main instrument of society. With notable alumni across the globe, you’re never too far away from the resources and expertise of accomplished law practitioners. We work hard to help our students feel welcome and valued for their unique skills and perspectives. Professor Hampson is a scholar of bankruptcy, insolvency, and the ethics of debt.
