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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 legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. 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. Religious law is in use in some religious communities and states, and has historically influenced secular law.

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

Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.

Precedent is a defining feature that sets common law systems apart from civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law systems, in contrast, are characterized by comprehensive codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law.

Courts in common law systems rely heavily on case law, which refers to the collection of precedents and legal principles established by previous judicial decisions on specific issues or topics. The development of case law depends on the systematic publication and indexing of these decisions in law reports, making them accessible to lawyers, courts, and the general public.

Generally speaking, a legal precedent may be:

applied (if precedent is binding) / adopted (if precedent is persuasive), if the principles underpinning the previous decision are accordingly used to evaluate the issues of the subsequent case;
distinguished, if the principles underpinning the previous decision are found specific to, or premised upon, certain factual scenarios, and not applied to the subsequent case because of the absence or material difference in the latter's facts;
modified, if the same court on determination of the same case on order from a higher court modified one or more parts of the previous decision; or
overruled, if the same or higher courts on appeal or determination of subsequent cases found the principles underpinning the previous decision erroneous in law or overtaken by new legislation or developments. (Full article...)

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Selected biography

Thomas Jefferson Hogg (24 May 1792 – 27 August 1862) was a British barrister and writer best known for his friendship with the Romantic poet Percy Bysshe Shelley. Hogg was raised in County Durham, but spent most of his life in London. He and Shelley became friends while studying at University College, Oxford, and remained close until Shelley's death. During their time at Oxford they collaborated on several literary projects, culminating in their joint expulsion following the publication of an essay titled "The Necessity of Atheism". They remained good friends, but their relationship was sometimes strained because of Hogg's attraction to the women who were romantically involved with Shelley.

Hogg became a barrister and met Jane Williams, who had become a close friend of Percy Shelley's shortly before the poet's death. Jane became Hogg's common-law wife and they had two children together. The family settled in London, although Hogg's legal career meant that he often had to travel away from home.

While living in London Hogg made the acquaintance of several well-known writers, and he published literary works of his own. He studied Greek literature for much of his life and published several articles on the subject, including two entries in the Encyclopædia Britannica. Most of the fiction he wrote was poorly reviewed. His best-known literary work was The Life of Percy Bysshe Shelley, an unfinished biography of the poet. Although the book was well researched and painted a clear picture of Shelley as a young man, it was criticised for portraying him negatively.

Hogg was well connected with Whig politicians. He received an appointment to a government commission on municipal corporations and became a revising barrister. His legal career was moderately successful, but he was often frustrated by his failure to attain his goal of becoming a professor or judge. Nevertheless, he was able to provide for his family thanks to an inheritance and the income from his legal career. (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 Contracts (Rights of Third Parties) Act 1999 (c. 31) is an Act of the Parliament of the United Kingdom that significantly reformed the common law doctrine of privity and "thereby [removed] one of the most universally disliked and criticised blots on the legal landscape". The second rule of the doctrine of privity, that a third party could not enforce a contract for which he had not provided consideration, had been widely criticised by lawyers, academics and members of the judiciary. Proposals for reform via an act of Parliament were first made in 1937 by the Law Revision Committee in their Sixth Interim Report. No further action was taken by the government until the 1990s, when the Law Commission proposed a new draft bill in 1991, and presented their final report in 1996. The bill was introduced to the House of Lords in December 1998, and moved to the House of Commons on 14 June 1999. It received royal assent on 11 November 1999, coming into force immediately as the Contracts (Rights of Third Parties) Act 1999. (Full article...)

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Did you know...

... that the non-payment of debts is the archetype for the seventeen other Hindu titles of law, including that of sexual crimes against women?

... that the case Carlill v Carbolic Smoke Ball Co. established the precedents for UK contract law?

... that Swarup Rani Nehru (pictured)appealed to women to make salt in defiance of the salt laws in British India?

... that although the Chancery Amendment Act 1858 was repealed in the United Kingdom, it is still valid in the Republic of Ireland and parts of Canada?

... that freedom of religion in Singapore, which is guaranteed by Article 15 of the Constitution of Singapore, may be restricted by a general law relating to public order, public health or morality?

... that Peter Rosted served as chief judge at Norway's Inderøy District Court for 46 years, from 1733 to 1776?

... that the Alaska Native Claims Settlement Act extinguished all aboriginal title in Alaska?

More did you know facts

Selected images

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

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...)

Greene v Associated Newspapers Ltd [2004] EWCA Civ 1462 is a case of the Court of Appeal of England and Wales that governs the use of injunctions against publication in alleged defamation cases. Greene, a businesswoman, sought an injunction against Associated Newspapers Ltd to prevent them publishing alleged links with Peter Foster; while they claimed to have emails showing links, she asserted that they were false. The test at the time for a preliminary injunction in defamation cases was Bonnard v Perryman, where it was established that the applicant has to show "a real prospect of success" at trial. The Human Rights Act 1998 established that judges should consider whether applicants are "more likely than not" to succeed at trial, a test applied to confidentiality cases in Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd. Greene claimed that the Cream test should be applied rather than the Bonnard test.

The case first went to the High Court of Justice, where it was heard by Fulford J; he decided that he did not have the authority to overrule Bonnard, and passed the case on to the Court of Appeal after granting a temporary injunction. In the Court of Appeal, the case was heard by May, Dyson and Brooke LJJ, with Brooke delivering the judgment on 5 November 2004. In it, Brooke judged that defamation, the subject of Greene, was significantly different from breach of confidentiality, the subject in Cream. While the damage from a breach of confidentiality can never be undone, justifying a simple test for issuing injunctions, a defamation case that is won vindicates the injured party. Making it easier to grant injunctions in defamation cases would damage the delicate balance between freedom of the press and the right to privacy; as such, despite the Human Rights Act, Bonnard is still a valid test. (Full article...)

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See also: Lists of case law

More Did you know (auto-generated)

... that Episode 7921 of Neighbours featured Australia's first televised fictional same-sex wedding since the country voted in favour of legalising same-sex marriage?
... that Ward v. Flood was the legal basis for racially segregated education in California?
... 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 according to Ruth Marcus, the facts of Michael H. v. Gerald D. "more closely resembled a soap opera synopsis than a typical Supreme Court case"?
... that a guerrilla garden established atop an abandoned railroad in Long Island City became legally recognized by the MTA?
... that the creator of The Americans drew inspiration for the show from his time as a CIA officer and a 2010 Russian spy scandal?

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General images

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

Image 1"With law shall land be built", from the Code of Jutland (1241) above the Copenhagen Court House, Denmark (from Legal history)
Image 2Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence)
Image 3The 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 4Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence)
Image 5Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary)
Image 6Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence)
Image 7Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence)
Image 8Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law)
Image 9Gratian (from Judiciary)
Image 10Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence)
Image 11Aristotle, by Francesco Hayez (from Jurisprudence)
Image 12King John of England signs the Magna Carta (from Legal history)
Image 13The 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 14Mill believed law should create happiness. (from Jurisprudence)
Image 15Corpus Iuris Civilis, 1607 (from Judiciary)

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