Law

Law

For other uses, see Law (disambiguation) and Legal (dis-ambiguation).“Legal concept” redirects here.Law is, generally, a system of rules which are enforced

Lady Justice, a symbol of justice. She is depicted as a goddessequipped with three items: a sword, symbolising the coercivepower of a court; scales, representing an objective standard bywhich competing claims are weighed; and a blindfold indicatingthat justice should be impartial and meted out objectively, with-out fear or favor and regardless of money, wealth, power oridentity.[1]

through social institutions to govern behaviour.[2] Lawscan be made by legislatures through legislation (re-sulting in statutes), the executive through decrees andregulations, or judges through binding precedents (nor-mally in common law jurisdictions). Private individualscan create legally binding contracts, including (in somejurisdictions) arbitration agreements that may elect to ac-cept alternative arbitration to the normal court process.The formation of laws themselves may be influenced by aconstitution (written or unwritten) and the rights encodedtherein. The law shapes politics, economics, and society

in various ways and serves as a mediator of relations be-tween people.A general distinction can be made between (a) civil lawjurisdictions (including canon and socialist law), in whichthe legislature or other central body codifies and consol-idates their laws, and (b) common law systems, wherejudge-made binding precedents are accepted. Histori-cally, religious laws played a significant role even in set-tling of secular matters, which is still the case in some re-ligious communities, particularly Jewish, and some coun-tries, particularly Islamic. Islamic Sharia law is theworld’s most widely used religious law.[3]

The adjudication of the law is generally divided into twomain areas referred to as (i) Criminal law and (ii) Civillaw. Criminal law deals with conduct that is consideredharmful to social order and in which the guilty party maybe imprisoned or fined. Civil law (not to be confusedwith civil law jurisdictions above) deals with the resolu-tion of lawsuits (disputes) between individuals or organi-sations. These resolutions seek to provide a legal remedy(often monetary damages) to the winning litigant. Un-der civil law, the following specialties, among others, ex-ist: Contract law regulates everything from buying a busticket to trading on derivatives markets. Property law reg-ulates the transfer and title of personal property and realproperty. Trust law applies to assets held for investmentand financial security. Tort law allows claims for com-pensation if a person’s property is harmed. Constitutionallaw provides a framework for the creation of law, theprotection of human rights and the election of politicalrepresentatives. Administrative law is used to review thedecisions of government agencies. International law gov-erns affairs between sovereign states in activities rangingfrom trade to military action. To implement and enforcethe law and provide services to the public by public ser-vants, a government’s bureaucracy, military, and policeare vital. While all these organs of the state are creaturescreated and bound by law, an independent legal profes-sion and a vibrant civil society inform and support theirprogress.Law provides a rich source of scholarly inquiry into legalhistory, philosophy, economic analysis and sociology.Law also raises important and complex issues concern-ing equality, fairness, and justice. There is an old sayingthat 'all are equal before the law.'. The author AnatoleFrance said in 1894, “In its majestic equality, the law for-bids rich and poor alike to sleep under bridges, beg in thestreets, and steal loaves of bread.”[4] Writing in 350 BC,the Greek philosopher Aristotle declared, “The rule of

1

2 2 LEGAL SUBJECTS

law is better than the rule of any individual.”[5] MikhailBakunin said: “All law has for its object to confirm andexalt into a system the exploitation of the workers by aruling class”.[6] Cicero said “more law, less justice”.[7]Marxist doctrine asserts that law will not be required oncethe state has withered away.[8]

1 Definition

Main articles: Definition of law and Analytical jurispru-dence

1.1 Mainstream definitions

Numerous definitions of law have been put forward overthe centuries. The Third New International Dictionaryfrom Merriam-Webster[9] defines law as: “Law is a bind-ing custom or practice of a community; a rule or modeof conduct or action that is prescribed or formally rec-ognized as binding by a supreme controlling authority oris made obligatory by a sanction (as an edict, decree, re-script, order, ordinance, statute, resolution, rule, judicialdecision, or usage) made, recognized, or enforced by thecontrolling authority.”TheDictionary of the History of Ideas published by Scrib-ner’s in 1973 defined the concept of law accordingly as:“A legal system is the most explicit, institutionalized, andcomplex mode of regulating human conduct. At the sametime it plays only one part in the congeries of rules whichinfluence behavior, for social and moral rules of a lessinstitutionalized kind are also of great importance.”[10]

1.2 Whether it is possible or desirable todefine law

There have been many attempts to produce “a universallyacceptable definition of law”. In 1972, one source indi-cated that no such definition could been produced.<refname="Jurisprudence. McCoubrey and White said thatthe question “what is law?" has no simple answer.[11]Glanville Williams said that the meaning of the word“law” depends on the context in which that word is used.He said that, for example, "early customary law" and"municipal law" were contexts where the word “law” hadtwo different and irreconcilable meanings.[12] ThurmanArnold said that it is obvious that it is impossible to de-fine the word “law” and that it is also equally obviousthat the struggle to define that word should not ever beabandoned.[13] It is possible to take the view that there isno need to define the word “law” (e.g. “let’s forget aboutgeneralities and get down to cases").[14]

2 Legal subjects

All legal systems deal with the same basic issues, butjurisdictions categorise and identify its legal subjectsin different ways. A common distinction is that be-tween "public law" (a term related closely to the state,and including constitutional, administrative and criminallaw), and "private law" (which covers contract, tort andproperty).[15] In civil law systems, contract and tort fallunder a general law of obligations, while trusts law isdealt with under statutory regimes or international con-ventions. International, constitutional and administra-tive law, criminal law, contract, tort, property law andtrusts are regarded as the “traditional core subjects”,[16]although there are many further disciplines.

2.1 International law

Main articles: Public international law, Conflict of lawsand European Union lawInternational law can refer to three things: public inter-

Providing a constitution for public international law, the UnitedNations system was agreed during World War II.

national law, private international law or conflict of lawsand the law of supranational organisations.

• Public international law concerns relationshipsbetween sovereign nations. The sources for pub-lic international law development are custom, prac-tice and treaties between sovereign nations, such as

2.2 Constitutional and administrative law 3

the Geneva Conventions. Public international lawcan be formed by international organisations, suchas the United Nations (which was established af-ter the failure of the League of Nations to pre-vent the Second World War),[17] the InternationalLabour Organisation, the World Trade Organisa-tion, or the International Monetary Fund. Public in-ternational law has a special status as law becausethere is no international police force, and courts(e.g. the International Court of Justice as the pri-mary UN judicial organ) lack the capacity to pe-nalise disobedience.[18] However, a few bodies, suchas the WTO, have effective systems of binding ar-bitration and dispute resolution backed up by tradesanctions.[19]

• Conflict of laws (or “private international law” incivil law countries) concerns which jurisdiction a le-gal dispute between private parties should be heardin and which jurisdiction’s law should be applied.Today, businesses are increasingly capable of shift-ing capital and labour supply chains across borders,as well as trading with overseas businesses, makingthe question of which country has jurisdiction evenmore pressing. Increasing numbers of businessesopt for commercial arbitration under the New YorkConvention 1958.[20]

• European Union law is the first and, so far, onlyexample of an internationally accepted legal systemother than the UN and the World Trade Organisa-tion. Given the trend of increasing global economicintegration, many regional agreements—especiallythe Union of South American Nations—are on trackto follow the same model. In the EU, sovereign na-tions have gathered their authority in a system ofcourts and political institutions. These institutionsare allowed the ability to enforce legal norms bothagainst or for member states and citizens in amannerwhich is not possible through public internationallaw.[21] As the European Court of Justice said in the1960s, European Union law constitutes “a new legalorder of international law” for the mutual social andeconomic benefit of the member states.[22]

2.2 Constitutional and administrative law

Main articles: Constitutional law and Administrative lawConstitutional and administrative law govern the affairsof the state. Constitutional law concerns both the re-lationships between the executive, legislature and judi-ciary and the human rights or civil liberties of individu-als against the state. Most jurisdictions, like the UnitedStates and France, have a single codified constitution witha bill of rights. A few, like the United Kingdom, haveno such document. A “constitution” is simply those lawswhich constitute the body politic, from statute, case law

The French Declaration of the Rights of Man and of the Citizen

and convention. A case named Entick v Carrington[23] il-lustrates a constitutional principle deriving from the com-mon law. Mr Entick’s house was searched and ransackedby Sheriff Carrington. When Mr Entick complained incourt, Sheriff Carrington argued that a warrant from aGovernment minister, the Earl of Halifax, was valid au-thority. However, there was no written statutory provi-sion or court authority. The leading judge, Lord Camden,stated that,

The great end, for which men entered intosociety, was to secure their property. That rightis preserved sacred and incommunicable in allinstances, where it has not been taken away orabridged by some public law for the good ofthe whole ... If no excuse can be found or pro-duced, the silence of the books is an author-ity against the defendant, and the plaintiff musthave judgment.[24]

The fundamental constitutional principle, inspired byJohn Locke, holds that the individual can do anything ex-cept that which is forbidden by law, and the state maydo nothing except that which is authorised by law.[25][26]Administrative law is the chief method for people to holdstate bodies to account. People can apply for judicial re-view of actions or decisions by local councils, public ser-vices or government ministries, to ensure that they com-ply with the law. The first specialist administrative courtwas the Conseil d'État set up in 1799, as Napoleon as-sumed power in France.[27]

4 2 LEGAL SUBJECTS

2.3 Criminal law

Main article: Criminal law

Criminal law, also known as penal law, pertains to crimesand punishment.[28] It thus regulates the definition of andpenalties for offences found to have a sufficiently delete-rious social impact but, in itself, makes no moral judg-ment on an offender nor imposes restrictions on societythat physically prevent people from committing a crimein the first place.[29] Investigating, apprehending, charg-ing, and trying suspected offenders is regulated by thelaw of criminal procedure.[30] The paradigm case of acrime lies in the proof, beyond reasonable doubt, that aperson is guilty of two things. First, the accused mustcommit an act which is deemed by society to be criminal,or actus reus (guilty act).[31] Second, the accused musthave the requisite malicious intent to do a criminal act,or mens rea (guilty mind). However, for so called "strictliability" crimes, an actus reus is enough.[32] Criminal sys-tems of the civil law tradition distinguish between inten-tion in the broad sense (dolus directus and dolus eventu-alis), and negligence. Negligence does not carry crimi-nal responsibility unless a particular crime provides forits punishment.[33][34]

A depiction of a 1600s criminal trial, for witchcraft in Salem

Examples of crimes include murder, assault, fraud andtheft. In exceptional circumstances defences can applyto specific acts, such as killing in self defence, or plead-ing insanity. Another example is in the 19th-centuryEnglish case of R v Dudley and Stephens, which testeda defence of "necessity". The Mignonette, sailing fromSouthampton to Sydney, sank. Three crew members andRichard Parker, a 17-year-old cabin boy, were strandedon a raft. They were starving and the cabin boy was closeto death. Driven to extreme hunger, the crew killed andate the cabin boy. The crew survived and were rescued,but put on trial for murder. They argued it was nec-essary to kill the cabin boy to preserve their own lives.Lord Coleridge, expressing immense disapproval, ruled,“to preserve one’s life is generally speaking a duty, but itmay be the plainest and the highest duty to sacrifice it.”

The men were sentenced to hang, but public opinion wasoverwhelmingly supportive of the crew’s right to preservetheir own lives. In the end, the Crown commuted theirsentences to six months in jail.[35]

Criminal law offences are viewed as offences against notjust individual victims, but the community as well.[29]The state, usually with the help of police, takes the lead inprosecution, which is why in common law countries casesare cited as "The People v ...” or "R (for Rex or Regina) v...”. Also, lay juries are often used to determine the guiltof defendants on points of fact: juries cannot change le-gal rules. Some developed countries still condone capi-tal punishment for criminal activity, but the normal pun-ishment for a crime will be imprisonment, fines, statesupervision (such as probation), or community service.Modern criminal law has been affected considerably bythe social sciences, especially with respect to sentencing,legal research, legislation, and rehabilitation.[36] On theinternational field, 111 countries are members of theInternational Criminal Court, which was established totry people for crimes against humanity.[37]

2.4 Contract law

Main article: ContractContract law concerns enforceable promises, and can

The famous Carbolic Smoke Ball advertisement to cure influenzawas held to be a unilateral contract

be summed up in the Latin phrase pacta sunt servanda(agreements must be kept).[38] In common law jurisdic-

2.6 Property law 5

tions, three key elements to the creation of a contractare necessary: offer and acceptance, consideration andthe intention to create legal relations. In Carlill v Car-bolic Smoke Ball Company a medical firm advertised thatits new wonder drug, the smokeball, would cure peo-ple’s flu, and if it did not, the buyers would get £100.Many people sued for their £100 when the drug did notwork. Fearing bankruptcy, Carbolic argued the advertwas not to be taken as a serious, legally binding offer. Itwas an invitation to treat, mere puffery, a gimmick. Butthe Court of Appeal held that to a reasonable man Car-bolic had made a serious offer, accentuated by their re-assuring statement, "£1000 is deposited”. Equally, peo-ple had given good consideration for the offer by goingto the “distinct inconvenience” of using a faulty prod-uct. “Read the advertisement how you will, and twist itabout as you will”, said Lord Justice Lindley, “here is adistinct promise expressed in language which is perfectlyunmistakable”.[39]

“Consideration” indicates the fact that all parties to a con-tract have exchanged something of value. Some com-mon law systems, including Australia, are moving awayfrom the idea of consideration as a requirement. The ideaof estoppel or culpa in contrahendo, can be used to cre-ate obligations during pre-contractual negotiations.[40] Incivil law jurisdictions, consideration is not required for acontract to be binding.[41] In France, an ordinary contractis said to form simply on the basis of a “meeting of theminds” or a “concurrence of wills”. Germany has a spe-cial approach to contracts, which ties into property law.Their 'abstraction principle' (Abstraktionsprinzip) meansthat the personal obligation of contract forms separatelyfrom the title of property being conferred. When con-tracts are invalidated for some reason (e.g. a car buyer isso drunk that he lacks legal capacity to contract)[42] thecontractual obligation to pay can be invalidated separatelyfrom the proprietary title of the car. Unjust enrichmentlaw, rather than contract law, is then used to restore titleto the rightful owner.[43]

2.5 Tort law

Main article: TortTorts, sometimes called delicts, are civil wrongs. To haveacted tortiously, onemust have breached a duty to anotherperson, or infringed some pre-existing legal right. A sim-ple example might be accidentally hitting someone witha cricket ball.[44] Under the law of negligence, the mostcommon form of tort, the injured party could potentiallyclaim compensation for their injuries from the party re-sponsible. The principles of negligence are illustrated byDonoghue v Stevenson.[45] A friend of Mrs Donoghue or-dered an opaque bottle of ginger beer (intended for theconsumption ofMrs Donoghue) in a café in Paisley. Hav-ing consumed half of it, Mrs Donoghue poured the re-mainder into a tumbler. The decomposing remains ofa snail floated out. She claimed to have suffered from

The "McLibel" two were involved in the longest-running casein UK history for publishing a pamphlet criticising McDonald’srestaurants.

shock, fell ill with gastroenteritis and sued the manufac-turer for carelessly allowing the drink to be contaminated.The House of Lords decided that the manufacturer wasliable for Mrs Donoghue’s illness. Lord Atkin took a dis-tinctly moral approach, and said,

The liability for negligence ... is no doubtbased upon a general public sentiment of moralwrongdoing for which the offender must pay... The rule that you are to love your neigh-bour becomes in law, you must not injure yourneighbour; and the lawyer's question, Who ismy neighbour? receives a restricted reply. Youmust take reasonable care to avoid acts or omis-sions which you can reasonably foresee wouldbe likely to injure your neighbour.[46]

This became the basis for the four principles of negli-gence: (1) Mr Stevenson owed Mrs Donoghue a dutyof care to provide safe drinks (2) he breached his dutyof care (3) the harm would not have occurred but forhis breach and (4) his act was the proximate cause ofher harm.[45] Another example of tort might be a neigh-bour making excessively loud noises with machinery onhis property.[47] Under a nuisance claim the noise couldbe stopped. Torts can also involve intentional acts, suchas assault, battery or trespass. A better known tort isdefamation, which occurs, for example, when a newspa-per makes unsupportable allegations that damage a politi-cian’s reputation.[48] More infamous are economic torts,which form the basis of labour law in some countries bymaking trade unions liable for strikes,[49] when statutedoes not provide immunity.[50]

2.6 Property law

Main article: Property lawProperty law governs ownership and possession. Realproperty, sometimes called 'real estate', refers to owner-ship of land and things attached to it.[52] Personal prop-erty, refers to everything else; movable objects, such as

6 2 LEGAL SUBJECTS

A painting of the South Sea Bubble, one of the world’s firstever speculations and crashes, led to strict regulation on sharetrading.[51]

computers, cars, jewelry or intangible rights, such asstocks and shares. A right in rem is a right to a spe-cific piece of property, contrasting to a right in personamwhich allows compensation for a loss, but not a par-ticular thing back. Land law forms the basis for mostkinds of property law, and is the most complex. It con-cerns mortgages, rental agreements, licences, covenants,easements and the statutory systems for land registration.Regulations on the use of personal property fall under in-tellectual property, company law, trusts and commerciallaw. An example of a basic case of most property law isArmory v Delamirie [1722].[53] A chimney sweep's boyfound a jewel encrusted with precious stones. He took itto a goldsmith to have it valued. The goldsmith’s appren-tice looked at it, sneakily removed the stones, told the boyit was worth three halfpence and that he would buy it. Theboy said he would prefer the jewel back, so the apprenticegave it to him, but without the stones. The boy sued thegoldsmith for his apprentice’s attempt to cheat him. LordChief Justice Pratt ruled that even though the boy couldnot be said to own the jewel, he should be consideredthe rightful keeper (“finders keepers”) until the originalowner is found. In fact the apprentice and the boy bothhad a right of possession in the jewel (a technical con-cept, meaning evidence that something could belong tosomeone), but the boy’s possessory interest was consid-ered better, because it could be shown to be first in time.Possession may be nine tenths of the law, but not all.This case is used to support the view of property in com-mon law jurisdictions, that the person who can show thebest claim to a piece of property, against any contest-ing party, is the owner.[54] By contrast, the classic civillaw approach to property, propounded by Friedrich Carlvon Savigny, is that it is a right good against the world.Obligations, like contracts and torts, are conceptualisedas rights good between individuals.[55] The idea of prop-erty raises many further philosophical and political issues.Locke argued that our “lives, liberties and estates” are ourproperty because we own our bodies and mix our labourwith our surroundings.[56]

2.7 Equity and trusts

Main articles: Equity (law) and Trust lawEquity is a body of rules that developed in England sepa-

The Court of Chancery, London, early 19th century

rately from the “common law”. The common law was ad-ministered by judges. The Lord Chancellor on the otherhand, as the King’s keeper of conscience, could over-rule the judge-made law if he thought it equitable to doso.[57] This meant equity came to operate more throughprinciples than rigid rules. For instance, whereas nei-ther the common law nor civil law systems allow peo-ple to split the ownership from the control of one pieceof property, equity allows this through an arrangementknown as a 'trust'. 'Trustees’ control property, whereasthe 'beneficial' (or 'equitable') ownership of trust prop-erty is held by people known as 'beneficiaries’. Trusteesowe duties to their beneficiaries to take good care of theentrusted property.[58] In the early case of Keech v Sand-ford [1722][59] a child had inherited the lease on a marketin Romford, London. Mr Sandford was entrusted to lookafter this property until the child matured. But beforethen, the lease expired. The landlord had (apparently)told Mr Sandford that he did not want the child to havethe renewed lease. Yet the landlord was happy (appar-ently) to give Mr Sandford the opportunity of the leaseinstead. Mr Sandford took it. When the child (now MrKeech) grew up, he sued Mr Sandford for the profit thathe had been making by getting the market’s lease. MrSandford was meant to be trusted, but he put himself ina position of conflict of interest. The Lord Chancellor,Lord King, agreed and ordered Mr Sandford should dis-gorge his profits. He wrote,

I very well see, if a trustee, on the refusal torenew, might have a lease to himself few trust-estates would be renewed ... This may seemvery hard, that the trustee is the only person ofall mankind who might not have the lease; butit is very proper that the rule should be strictlypursued and not at all relaxed.

2.8 Further disciplines 7

Of course, Lord King LC was worried that trustees mightexploit opportunities to use trust property for themselvesinstead of looking after it. Business speculators usingtrusts had just recently caused a stockmarket crash. Strictduties for trustees made their way into company law andwere applied to directors and chief executive officers.Another example of a trustee’s duty might be to investproperty wisely or sell it.[60] This is especially the case forpension funds, the most important form of trust, whereinvestors are trustees for people’s savings until retire-ment. But trusts can also be set up for charitable pur-poses, famous examples being the British Museum or theRockefeller Foundation.

2.8 Further disciplines

Law spreads far beyond the core subjects into virtuallyevery area of life. Three categories are presented for con-venience, though the subjects intertwine and overlap.

Law and society

A trade union protest by UNISON while on strike

• Labour law is the study of a tripartite industrialrelationship between worker, employer and tradeunion. This involves collective bargaining regula-tion, and the right to strike. Individual employmentlaw refers to workplace rights, such as job security,health and safety or a minimum wage.

• Human rights, civil rights and human rights law areimportant fields to guarantee everyone basic free-doms and entitlements. These are laid down in codessuch as the Universal Declaration of Human Rights,the European Convention on Human Rights (whichfounded the European Court of Human Rights) andthe U.S. Bill of Rights. The Treaty of Lisbon makesthe Charter of Fundamental Rights of the EuropeanUnion legally binding in all member states exceptPoland and the United Kingdom.[61]

• Civil procedure and criminal procedure concernthe rules that courtsmust follow as a trial and appeals

proceed. Both concern a citizen’s right to a fair trialor hearing.

• Evidence law involves which materials are admissi-ble in courts for a case to be built.

• Immigration law and nationality law concern therights of foreigners to live and work in a nation-state that is not their own and to acquire or losecitizenship. Both also involve the right of asylumand the problem of stateless individuals.

• Social security law refers to the rights people haveto social insurance, such as jobseekers’ allowancesor housing benefits.

• Family law covers marriage and divorce proceed-ings, the rights of children and rights to property andmoney in the event of separation.

Law and commerce

• Company law sprang from the law of trusts, on theprinciple of separating ownership of property andcontrol.[62] The law of the modern company beganwith the Joint Stock Companies Act 1856, passedin the United Kingdom, which provided investorswith a simple registration procedure to gain limitedliability under the separate legal personality of thecorporation.

• Commercial law covers complex contract andproperty law. The law of agency, insurance law,bills of exchange, insolvency and bankruptcy lawand sales law are all important, and trace back to themedieval Lex Mercatoria. The UK Sale of GoodsAct 1979 and the US Uniform Commercial Codeare examples of codified common law commercialprinciples.

• Admiralty law and the Law of the Sea lay a basicframework for free trade and commerce across theworld’s oceans and seas, where outside of a coun-try’s zone of control. Shipping companies oper-ate through ordinary principles of commercial law,generalised for a global market. Admiralty lawalso encompasses specialised issues such as salvage,maritime liens, and injuries to passengers.

• Intellectual property law aims at safeguarding cre-ators and other producers of intellectual goods andservices. These are legal rights (copyrights, trade-marks, patents, and related rights) which result fromintellectual activity in the industrial, literary andartistic fields.[63]

• Restitution deals with the recovery of someoneelse’s gain, rather than compensation for one’s ownloss.

8 3 LEGAL SYSTEMS

• Unjust enrichment When someone has been un-justly enriched (or there is an “absence of basis” fora transaction) at another’s expense, this event gener-ates the right to restitution to reverse that gain.

• Space law is a relatively new field dealing with as-pects of international law regarding human activi-ties in Earth orbit and outer space. While at firstaddressing space relations of countries via treaties,increasingly it is addressing areas such as space com-mercialisation, property, liability, and other issues.

Law and regulation

The New York Stock Exchange trading floor after the Wall StreetCrash of 1929, before tougher banking regulation was intro-duced

• Tax law involves regulations that concern valueadded tax, corporate tax, and income tax.

• Banking law and financial regulation set minimumstandards on the amounts of capital banksmust hold,and rules about best practice for investment. This isto insure against the risk of economic crises, such asthe Wall Street Crash of 1929.

• Regulation deals with the provision of public ser-vices and utilities. Water law is one example. Es-pecially since privatisation became popular and tookmanagement of services away from public law, pri-vate companies doing the jobs previously controlledby government have been bound by varying degreesof social responsibility. Energy, gas, telecomms andwater are regulated industries in most OECD coun-tries.

• Competition law, known in the U.S. as antitrustlaw, is an evolving field that traces as far back asRoman decrees against price fixing and the Englishrestraint of trade doctrine. Modern competition lawderives from the U.S. anti-cartel and anti-monopolystatutes (the Sherman Act and Clayton Act) of the

turn of the 20th century. It is used to control busi-nesses who attempt to use their economic influenceto distort market prices at the expense of consumerwelfare.

• Consumer law could include anything from regula-tions on unfair contractual terms and clauses to di-rectives on airline baggage insurance.

• Environmental law is increasingly important, espe-cially in light of the Kyoto Protocol and the potentialdanger of climate change. Environmental protec-tion also serves to penalise polluters within domesticlegal systems.

3 Legal systems

Main article: Legal systems of the world

In general, legal systems can be split between civil lawand common law systems.[64] The term “civil law” refer-ring to a legal system should not be confused with “civillaw” as a group of legal subjects distinct from criminalor public law. A third type of legal system—accepted bysome countries without separation of church and state—is religious law, based on scriptures. The specific systemthat a country is ruled by is often determined by its his-tory, connections with other countries, or its adherenceto international standards. The sources that jurisdictionsadopt as authoritatively binding are the defining featuresof any legal system. Yet classification is a matter of formrather than substance, since similar rules often prevail.

3.1 Civil law

Main article: Civil law (legal system)Civil law is the legal system used in most coun-tries around the world today. In civil law the sourcesrecognised as authoritative are, primarily, legislation—especially codifications in constitutions or statutes passedby government—and custom.[65] Codifications date backmillennia, with one early example being the BabylonianCodex Hammurabi. Modern civil law systems essentiallyderive from the legal practice of the 6th-century EasternRoman Empire whose texts were rediscovered by latemedieval Western Europe. Roman law in the days ofthe Roman Republic and Empire was heavily procedu-ral, and lacked a professional legal class.[66] Instead a laymagistrate, iudex, was chosen to adjudicate. Precedentswere not reported, so any case law that developed wasdisguised and almost unrecognised.[67] Each case was tobe decided afresh from the laws of the State, which mir-rors the (theoretical) unimportance of judges’ decisionsfor future cases in civil law systems today. From 529–534 AD the Byzantine Emperor Justinian I codified andconsolidated Roman law up until that point, so that what

3.2 Common law and equity 9

First page of the 1804 edition of the Napoleonic Code.

remained was one-twentieth of the mass of legal textsfrom before.[68] This became known as the Corpus Ju-ris Civilis. As one legal historian wrote, “Justinian con-sciously looked back to the golden age of Roman law andaimed to restore it to the peak it had reached three cen-turies before.”[69] The Justinian Code remained in forcein the East until the fall of the Byzantine Empire. WesternEurope, meanwhile, relied on a mix of the TheodosianCode and Germanic customary law until the JustinianCode was rediscovered in the 11th century, and schol-ars at the University of Bologna used it to interpret theirown laws.[70] Civil law codifications based closely on Ro-man law, alongside some influences from religious lawssuch as canon law, continued to spread throughout Eu-rope until the Enlightenment; then, in the 19th century,both France, with the Code Civil, and Germany, with theBürgerliches Gesetzbuch, modernised their legal codes.Both these codes influenced heavily not only the law sys-tems of the countries in continental Europe (e.g. Greece),but also the Japanese and Korean legal traditions.[71][72]Today, countries that have civil law systems range fromRussia and China to most of Central and Latin Amer-ica.[73] With the exception of Louisiana’s Civil Code, theUnited States follows the common law system describedbelow.

3.2 Common law and equity

Main article: Common lawCommon law and equity are legal systems where de-cisions by courts are explicitly acknowledged as legalsources. The “doctrine of precedent”, or stare decisis(Latin for “to stand by decisions”) means that decisions

King John of England signs Magna Carta

by higher courts bind lower courts. Common law systemsalso rely on statutes, passed by the legislature, but maymake less of a systematic attempt to codify their laws thanin a “civil law” system. Common law originated fromEngland and has been inherited by almost every countryonce tied to the British Empire (except Malta, Scotland,the U.S. state of Louisiana, and the Canadian provinceof Quebec). In medieval England, the Norman conquestled to a unification of various tribal customs and hence alaw “common” to the whole country. The common lawdeveloped when the English monarchy had been weak-ened by the enormous cost of fighting for control overlarge parts of France. King John had been forced by hisbarons to sign a document limiting his authority to passlaws. This “great charter” or Magna Carta of 1215 alsorequired that the King’s entourage of judges hold theircourts and judgments at “a certain place” rather than dis-pensing autocratic justice in unpredictable places aboutthe country.[74] A concentrated and elite group of judgesacquired a dominant role in law-making under this sys-tem, and compared to its European counterparts the En-glish judiciary became highly centralised. In 1297, forinstance, while the highest court in France had fifty-onejudges, the English Court of Common Pleas had five.[75]This powerful and tight-knit judiciary gave rise to a rigidand inflexible system of common law.[76] As a result, astime went on, increasing numbers of citizens petitionedthe King to override the common law, and on the King’sbehalf the Lord Chancellor gave judgment to do what wasequitable in a case. From the time of Sir Thomas More,

10 4 HISTORY

the first lawyer to be appointed as Lord Chancellor, a sys-tematic body of equity grew up alongside the rigid com-mon law, and developed its own Court of Chancery. Atfirst, equity was often criticised as erratic, that it variedaccording to the length of the Chancellor’s foot.[77] Butover time it developed solid principles, especially underLord Eldon.[78] In the 19th century the two systems werefused into one another. In developing the common lawand equity, academic authors have always played an im-portant part. William Blackstone, from around 1760, wasthe first scholar to describe and teach it.[79] But merely indescribing, scholars who sought explanations and under-lying structures slowly changed the way the law actuallyworked.[80]

3.3 Religious law

Main article: Religious law

Religious law is explicitly based on religious pre-cepts. Examples include the Jewish Halakha and Is-lamic Sharia—both of which translate as the “path tofollow”—while Christian canon law also survives in somechurch communities. Often the implication of religionfor law is unalterability, because the word of God can-not be amended or legislated against by judges or gov-ernments. However a thorough and detailed legal systemgenerally requires human elaboration. For instance, theQuran has some law, and it acts as a source of further lawthrough interpretation,[81] Qiyas (reasoning by analogy),Ijma (consensus) and precedent. This is mainly containedin a body of law and jurisprudence known as Sharia andFiqh respectively. Another example is the Torah or OldTestament, in the Pentateuch or Five Books of Moses.This contains the basic code of Jewish law, which someIsraeli communities choose to use. The Halakha is a codeof Jewish lawwhich summarises some of the Talmud’s in-terpretations. Nevertheless, Israeli law allows litigants touse religious laws only if they choose. Canon law is onlyin use bymembers of the Catholic Church,[82] the EasternOrthodox Church and the Anglican Communion.

A trial in the Ottoman Empire, 1879, when religious law appliedunder the Mecelle

3.3.1 Sharia law

Until the 18th century, Sharia law was practiced through-out the Muslim world in a non-codified form, with theOttoman Empire'sMecelle code in the 19th century beinga first attempt at codifying elements of Sharia law. Sincethe mid-1940s, efforts have been made, in country aftercountry, to bring Sharia law more into line with modernconditions and conceptions.[83][84] In modern times, thelegal systems of many Muslim countries draw upon bothcivil and common law traditions as well as Islamic law andcustom. The constitutions of certain Muslim states, suchas Egypt and Afghanistan, recognise Islam as the religionof the state, obliging legislature to adhere to Sharia.[85]Saudi Arabia recognises Quran as its constitution, and isgoverned on the basis of Islamic law.[86] Iran has also wit-nessed a reiteration of Islamic law into its legal systemafter 1979.[87] During the last few decades, one of thefundamental features of the movement of Islamic resur-gence has been the call to restore the Sharia, which hasgenerated a vast amount of literature and affected worldpolitics.[88]

4 History

Main article: Legal historyThe history of law links closely to the development of

King Hammurabi is revealed the code of laws by theMesopotamian sun god Shamash, also revered as the god of jus-tice.

civilisation. Ancient Egyptian law, dating as far back as3000 BC, contained a civil code that was probably brokeninto twelve books. It was based on the concept of Ma'at,

11

characterised by tradition, rhetorical speech, social equal-ity and impartiality.[89][90] By the 22nd century BC, theancient Sumerian ruler Ur-Nammu had formulated thefirst law code, which consisted of casuistic statements (“if... then ...”). Around 1760 BC, King Hammurabi fur-ther developed Babylonian law, by codifying and inscrib-ing it in stone. Hammurabi placed several copies of hislaw code throughout the kingdom of Babylon as stelae,for the entire public to see; this became known as theCodex Hammurabi. The most intact copy of these stelaewas discovered in the 19th century by British Assyriol-ogists, and has since been fully transliterated and trans-lated into various languages, including English, German,and French.[91]

The Old Testament dates back to 1280 BC and takesthe form of moral imperatives as recommendations for agood society. The small Greek city-state, ancient Athens,from about the 8th century BC was the first society tobe based on broad inclusion of its citizenry, excludingwomen and the slave class. However, Athens had no le-gal science or single word for “law”,[92] relying instead onthe three-way distinction between divine law (thémis), hu-man decree (nomos) and custom (díkē).[93] Yet AncientGreek law contained major constitutional innovations inthe development of democracy.[94]

Roman law was heavily influenced by Greek philosophy,but its detailed rules were developed by professional ju-rists and were highly sophisticated.[95][96] Over the cen-turies between the rise and decline of the Roman Empire,law was adapted to cope with the changing social situa-tions and underwent major codification under TheodosiusII and Justinian I.[97] Although codes were replaced bycustom and case law during the Dark Ages, Roman lawwas rediscovered around the 11th century when medievallegal scholars began to research Roman codes and adapttheir concepts. Latin legal maxims (called brocards) werecompiled for guidance. In medieval England, royal courtsdeveloped a body of precedent which later became thecommon law. A Europe-wide LawMerchant was formedso that merchants could trade with common standards ofpractice rather than with the many splintered facets oflocal laws. The Law Merchant, a precursor to moderncommercial law, emphasised the freedom to contract andalienability of property.[98] As nationalism grew in the18th and 19th centuries, the Law Merchant was incor-porated into countries’ local law under new civil codes.The Napoleonic and German Codes became the most in-fluential. In contrast to English common law, which con-sists of enormous tomes of case law, codes in small booksare easy to export and easy for judges to apply. How-ever, today there are signs that civil and common law areconverging.[99] EU law is codified in treaties, but developsthrough the precedent laid down by the European Courtof Justice.Ancient India and China represent distinct traditions oflaw, and have historically had independent schools of le-gal theory and practice. TheArthashastra, probably com-

The Constitution of India is the longest written constitution for acountry, containing 444 articles, 12 schedules, numerous amend-ments and 117,369 words.

piled around 100 AD (although it contains older mate-rial), and the Manusmriti (c. 100–300 AD) were foun-dational treatises in India, and comprise texts consideredauthoritative legal guidance.[100] Manu’s central philos-ophy was tolerance and pluralism, and was cited acrossSoutheast Asia.[101] This Hindu tradition, along with Is-lamic law, was supplanted by the common lawwhen Indiabecame part of the British Empire.[102] Malaysia, Brunei,Singapore and Hong Kong also adopted the common law.The eastern Asia legal tradition reflects a unique blend ofsecular and religious influences.[103] Japan was the firstcountry to begin modernising its legal system along west-ern lines, by importing bits of the French, but mostly theGerman Civil Code.[104] This partly reflected Germany’sstatus as a rising power in the late 19th century. Simi-larly, traditional Chinese law gave way to westernisationtowards the final years of the Ch'ing dynasty in the formof six private law codes based mainly on the Japanesemodel of German law.[105] Today Taiwanese law retainsthe closest affinity to the codifications from that period,because of the split between Chiang Kai-shek's national-ists, who fled there, and Mao Zedong's communists whowon control of the mainland in 1949. The current le-gal infrastructure in the People’s Republic of China washeavily influenced by Soviet Socialist law, which essen-tially inflates administrative law at the expense of privatelaw rights.[106] Due to rapid industrialisation, today Chinais undergoing a process of reform, at least in terms of eco-nomic, if not social and political, rights. A new contract

12 5 LEGAL THEORY

code in 1999 represented a move away from administra-tive domination.[107] Furthermore, after negotiations last-ing fifteen years, in 2001 China joined the World TradeOrganisation.[108]

5 Legal theory

Main article: Jurisprudence

5.1 Philosophy

Main article: Philosophy of law

“But what, after all, is a law? [...] When I say that theobject of laws is always general, I mean that law considerssubjects en masse and actions in the abstract, and nevera particular person or action. [...] On this view, we atonce see that it can no longer be asked whose business it isto make laws, since they are acts of the general will; norwhether the prince is above the law, since he is a memberof the State; nor whether the law can be unjust, since noone is unjust to himself; nor how we can be both free andsubject to the laws, since they are but registers of our wills.”

Jean-Jacques Rousseau, The Social Contract, II, 6.[109]

The philosophy of law is commonly known as jurispru-dence. Normative jurisprudence is essentially politicalphilosophy, and asks “what should law be?", while an-alytic jurisprudence asks “what is law?" John Austin'sutilitarian answer was that law is “commands, backed bythreat of sanctions, from a sovereign, to whom peoplehave a habit of obedience”.[110] Natural lawyers on theother side, such as Jean-Jacques Rousseau, argue that lawreflects essentially moral and unchangeable laws of na-ture. The concept of “natural law” emerged in ancientGreek philosophy concurrently and in entanglement withthe notion of justice, and re-entered the mainstream ofWestern culture through the writings of Thomas Aquinas,notably his Treatise on Law.Hugo Grotius, the founder of a purely rationalistic systemof natural law, argued that law arises from both a socialimpulse—as Aristotle had indicated—and reason.[111]Immanuel Kant believed amoral imperative requires laws“be chosen as though they should hold as universal laws ofnature”.[112] Jeremy Bentham and his student Austin, fol-lowing David Hume, believed that this conflated the “is”and what “ought to be” problem. Bentham and Austin ar-gued for law’s positivism; that real law is entirely separatefrom “morality”.[113] Kant was also criticised by FriedrichNietzsche, who rejected the principle of equality, and be-lieved that law emanates from the will to power, and can-not be labelled as “moral” or “immoral”.[114][115][116]

In 1934, the Austrian philosopher Hans Kelsen contin-

ued the positivist tradition in his book the Pure Theoryof Law.[117] Kelsen believed that although law is separatefrom morality, it is endowed with “normativity”, mean-ing we ought to obey it. While laws are positive “is”statements (e.g. the fine for reversing on a highway is€500); law tells us what we “should” do. Thus, eachlegal system can be hypothesised to have a basic norm(Grundnorm) instructing us to obey. Kelsen’s major op-ponent, Carl Schmitt, rejected both positivism and theidea of the rule of law because he did not accept the pri-macy of abstract normative principles over concrete po-litical positions and decisions.[118] Therefore, Schmitt ad-vocated a jurisprudence of the exception (state of emer-gency), which denied that legal norms could encompassof all political experience.[119]

Bentham’s utilitarian theories remained dominant in law until the20th century.

Later in the 20th century, H. L. A. Hart attacked Austinfor his simplifications and Kelsen for his fictions in TheConcept of Law.[120] Hart argued law is a system of rules,divided into primary (rules of conduct) and secondaryones (rules addressed to officials to administer primaryrules). Secondary rules are further divided into rules ofadjudication (to resolve legal disputes), rules of change(allowing laws to be varied) and the rule of recognition(allowing laws to be identified as valid). Two of Hart’sstudents continued the debate: In his book Law’s Em-pire, Ronald Dworkin attacked Hart and the positivistsfor their refusal to treat law as a moral issue. Dworkinargues that law is an "interpretive concept”,[121] that re-quires judges to find the best fitting and most just solu-tion to a legal dispute, given their constitutional tradi-

5.4 Sociology 13

tions. Joseph Raz, on the other hand, defended the posi-tivist outlook and criticised Hart’s “soft social thesis” ap-proach in The Authority of Law.[122] Raz argues that lawis authority, identifiable purely through social sources andwithout reference to moral reasoning. In his view, anycategorisation of rules beyond their role as authoritativeinstruments in mediation are best left to sociology, ratherthan jurisprudence.[123]

5.2 Positive law and non-positive law dis-cussions

One definition is that law is a system of rules and guide-lines which are enforced through social institutions togovern behaviour.[2] In The Concept of Law Hart ar-gued law is a “system of rules";[124] Austin said law was“the command of a sovereign, backed by the threat ofa sanction";[110] Dworkin describes law as an “interpre-tive concept” to achieve justice;[121] and Raz argues law isan “authority” to mediate people’s interests.[122] Holmessaid “The prophecies of what the courts will do in fact,and nothing more pretentious, are what I mean by thelaw.”[125] Aquinas said that law is a rational orderingof things which concern the common good that is pro-mulgated by whoever is charged with the care of thecommunity.[126] This definition has both positivist andnaturalist elements.[127]

5.3 Economic analysis

Main article: Law and economics

In the 18th century Adam Smith presented a philosoph-ical foundation for explaining the relationship betweenlaw and economics.[128] The discipline arose partly outof a critique of trade unions and U.S. antitrust law. Themost influential proponents, such as Richard Posner andOliver Williamson and the so-called Chicago School ofeconomists and lawyers including Milton Friedman andGary Becker, are generally advocates of deregulation andprivatisation, and are hostile to state regulation or whatthey see as restrictions on the operation of free mar-kets.[129]

The most prominent economic analyst of law is 1991Nobel Prize winner Ronald Coase, whose first major arti-cle, The Nature of the Firm (1937), argued that the reasonfor the existence of firms (companies, partnerships, etc.)is the existence of transaction costs.[131] Rational individ-uals trade through bilateral contracts on open markets un-til the costs of transactions mean that using corporationsto produce things is more cost-effective. His second ma-jor article, The Problem of Social Cost (1960), argued thatif we lived in a world without transaction costs, peoplewould bargain with one another to create the same allo-cation of resources, regardless of the way a court mightrule in property disputes.[132] Coase used the example of

Richard Posner, one of the Chicago School, runs a blog withBank of Sweden Prize winning economist Gary Becker.[130]

a nuisance case named Sturges v Bridgman, where a noisysweetmaker and a quiet doctor were neighbours and wentto court to see who should have to move.[47] Coase saidthat regardless of whether the judge ruled that the sweet-maker had to stop using his machinery, or that the doctorhad to put up with it, they could strike a mutually ben-eficial bargain about who moves that reaches the sameoutcome of resource distribution. Only the existence oftransaction costs may prevent this.[133] So the law oughtto pre-empt what would happen, and be guided by themost efficient solution. The idea is that law and regula-tion are not as important or effective at helping people aslawyers and government planners believe.[134] Coase andothers like him wanted a change of approach, to put theburden of proof for positive effects on a government thatwas intervening in the market, by analysing the costs ofaction.[135]

5.4 Sociology

Main article: Sociology of law

Sociology of law is a diverse field of study that examinesthe interaction of law with society and overlaps with ju-risprudence, philosophy of law, social theory and morespecialised subjects such as criminology.[136] The insti-tutions of social construction, social norms, dispute pro-cessing and legal culture are key areas for inquiry in thisknowledge field. Sociology of law is sometimes seen asa sub-discipline of sociology, but its ties to the academicdiscipline of law are equally strong, and it is best seen as atransdisciplinary and multidisciplinary study focused onthe theorisation and empirical study of legal practices andexperiences as social phenomena. In the United States thefield is usually called law and society studies; in Europe

14 6 LEGAL INSTITUTIONS

it is more often referred to as socio-legal studies. At first,jurists and legal philosophers were suspicious of sociol-ogy of law. Kelsen attacked one of its founders, EugenEhrlich, who sought to make clear the differences andconnections between positive law, which lawyers learnand apply, and other forms of 'law' or social norms thatregulate everyday life, generally preventing conflicts fromreaching lawyers and courts.[137] Contemporary researchin sociology of law is much concerned with the way thatlaw is developing outside discrete state jurisdictions, be-ing produced through social interaction in many differentkinds of social arenas, and acquiring a diversity of sourcesof (often competing or conflicting) authority in commu-nal networks existing sometimes within nation states butincreasingly also transnationally.[138]

Max Weber in 1917, Weber began his career as a lawyer, andis regarded as one of the founders of sociology and sociology oflaw.

Around 1900 Max Weber defined his “scientific” ap-proach to law, identifying the “legal rational form” as atype of domination, not attributable to personal authoritybut to the authority of abstract norms.[139] Formal legalrationality was his term for the key characteristic of thekind of coherent and calculable law that was a precon-dition for modern political developments and the mod-ern bureaucratic state. Weber saw this law as havingdeveloped in parallel with the growth of capitalism.[136]Another leading sociologist, Émile Durkheim, wrote inhis classic work The Division of Labour in Society thatas society becomes more complex, the body of civillaw concerned primarily with restitution and compen-sation grows at the expense of criminal laws and pe-nal sanctions.[140] Other notable early legal sociologistsincluded Hugo Sinzheimer, Theodor Geiger, GeorgesGurvitch and Leon Petrażycki in Europe, and WilliamGraham Sumner in the U.S.[141][142]

6 Legal institutions

It is a real unity of them all in one and the same person,made by covenant of every man with every man, in suchmanner as if every man should say to every man: I au-thorise and give up my right of governing myself to thisman, or to this assembly of men, on this condition; that

thou givest up, thy right to him, and authorise all his ac-tions in like manner.Thomas Hobbes, Leviathan, XVII

The main institutions of law in industrialised countriesare independent courts, representative parliaments, an ac-countable executive, the military and police, bureaucraticorganisation, the legal profession and civil society itself.John Locke, in his Two Treatises of Government, andBaron de Montesquieu in The Spirit of the Laws, ad-vocated for a separation of powers between the politi-cal, legislature and executive bodies.[143] Their principlewas that no person should be able to usurp all powers ofthe state, in contrast to the absolutist theory of ThomasHobbes' Leviathan.[144]

Max Weber and others reshaped thinking on the exten-sion of state. Modern military, policing and bureau-cratic power over ordinary citizens’ daily lives pose spe-cial problems for accountability that earlier writers suchas Locke or Montesquieu could not have foreseen. Thecustom and practice of the legal profession is an impor-tant part of people’s access to justice, whilst civil societyis a term used to refer to the social institutions, commu-nities and partnerships that form law’s political basis.

6.1 Judiciary

Main article: Judiciary

A judiciary is a number of judges mediating disputes todetermine outcome. Most countries have systems of ap-peal courts, answering up to a supreme legal authority. IntheUnited States, this authority is the SupremeCourt;[145]in Australia, the High Court; in the UK, the SupremeCourt;[146] in Germany, the Bundesverfassungsgericht;and in France, the Cour de Cassation.[147][148] For mostEuropean countries the European Court of Justice in Lux-embourg can overrule national law, when EU law is rel-evant. The European Court of Human Rights in Stras-bourg allows citizens of the Council of Europe memberstates to bring cases relating to human rights issues beforeit.[149]

Some countries allow their highest judicial authority tooverrule legislation they determine to be unconstitutional.For example, in Brown v. Board of Education, the UnitedStates Supreme Court nullified many state statutes thathad established racially segregated schools, finding suchstatutes to be incompatible with the Fourteenth Amend-ment to the United States Constitution.[150]

A judiciary is theoretically bound by the constitution, justas all other government bodies are. In most countriesjudges may only interpret the constitution and all otherlaws. But in common law countries, where matters arenot constitutional, the judiciary may also create law un-der the doctrine of precedent. The UK, Finland and New

6.3 Executive 15

The judges of the International Court of Justice in the Hague

Zealand assert the ideal of parliamentary sovereignty,whereby the unelected judiciary may not overturn lawpassed by a democratic legislature.[151]

In communist states, such as China, the courts are of-ten regarded as parts of the executive, or subservient tothe legislature; governmental institutions and actors ex-ert thus various forms of influence on the judiciary.[152]In Muslim countries, courts often examine whether statelaws adhere to the Sharia: the Supreme ConstitutionalCourt of Egypt may invalidate such laws,[153] and in Iranthe Guardian Council ensures the compatibility of thelegislation with the “criteria of Islam”.[153][154]

6.2 Legislature

Main article: LegislatureProminent examples of legislatures are the Houses of

The debating chamber of the European Parliament

Parliament in London, the Congress in Washington D.C.,the Bundestag in Berlin, the Duma in Moscow, the

Parlamento Italiano in Rome and theAssemblée nationalein Paris. By the principle of representative governmentpeople vote for politicians to carry out their wishes. Al-though countries like Israel, Greece, Sweden and Chinaare unicameral, most countries are bicameral, meaningthey have two separately appointed legislative houses.[155]

In the 'lower house' politicians are elected to repre-sent smaller constituencies. The 'upper house' is usuallyelected to represent states in a federal system (as in Aus-tralia, Germany or the United States) or different votingconfiguration in a unitary system (as in France). In theUK the upper house is appointed by the government as ahouse of review. One criticism of bicameral systems withtwo elected chambers is that the upper and lower housesmay simply mirror one another. The traditional justifi-cation of bicameralism is that an upper chamber acts asa house of review. This can minimise arbitrariness andinjustice in governmental action.[155]

To pass legislation, a majority of the members of a legis-lature must vote for a bill (proposed law) in each house.Normally there will be several readings and amendmentsproposed by the different political factions. If a coun-try has an entrenched constitution, a special majorityfor changes to the constitution may be required, makingchanges to the law more difficult. A government usuallyleads the process, which can be formed from Membersof Parliament (e.g. the UK or Germany). However, ina presidential system, the government is usually formedby an executive and his or her appointed cabinet officials(e.g. the United States or Brazil).[156]

6.3 Executive

Main article: Executive (government)The executive in a legal system serves as the centre of

The G20 meetings are composed of representatives of each coun-try’s executive branch.

political authority of the State. In a parliamentary sys-tem, as with Britain, Italy, Germany, India, and Japan,the executive is known as the cabinet, and composed ofmembers of the legislature. The executive is led by thehead of government, whose office holds power under theconfidence of the legislature. Because popular electionsappoint political parties to govern, the leader of a party

16 6 LEGAL INSTITUTIONS

can change in between elections.[157]

The head of state is apart from the executive, and symbol-ically enacts laws and acts as representative of the nation.Examples include the President of Germany (appointedby members of federal and state legislatures), the Queenof the United Kingdom (an hereditary office), and thePresident of Austria (elected by popular vote). The otherimportant model is the presidential system, found in theUnited States and in Brazil. In presidential systems, theexecutive acts as both head of state and head of govern-ment, and has power to appoint an unelected cabinet. Un-der a presidential system, the executive branch is separatefrom the legislature to which it is not accountable.[157][158]

Although the role of the executive varies from countryto country, usually it will propose the majority of legis-lation, and propose government agenda. In presidentialsystems, the executive often has the power to veto legis-lation. Most executives in both systems are responsiblefor foreign relations, the military and police, and the bu-reaucracy. Ministers or other officials head a country’spublic offices, such as a foreign ministry or defence min-istry. The election of a different executive is thereforecapable of revolutionising an entire country’s approachto government.

6.4 Military and police

Main articles: Military and PoliceWhile military organisations have existed as long as gov-

U.S. Customs and Border Protection officers

ernment itself, the idea of a standing police force is a rela-tively modern concept. For example, Medieval England'ssystem of traveling criminal courts, or assizes, used showtrials and public executions to instill communities withfear to maintain control.[159] The first modern police wereprobably those in 17th-century Paris, in the court of LouisXIV,[160] although the Paris Prefecture of Police claimthey were the world’s first uniformed policemen.[161]

Max Weber famously argued that the state is thatwhich controls the monopoly on the legitimate use of

force.[162][163] The military and police carry out enforce-ment at the request of the government or the courts. Theterm failed state refers to states that cannot implement orenforce policies; their police and military no longer con-trol security and order and society moves into anarchy,the absence of government.[164]

6.5 Bureaucracy

Main article: BureaucracyThe etymology of “bureaucracy” derives from the French

The United Nations’ New York headquarters houses civil servantsthat serve its 192 member states.

word for “office” (bureau) and the Ancient Greek forword “power” (kratos).[165] Like the military and police, alegal system’s government servants and bodies that makeup its bureaucracy carry out the directives of the exec-utive. One of the earliest references to the concept wasmade by Baron de Grimm, a German author who lived inFrance. In 1765 he wrote,

The real spirit of the laws in France isthat bureaucracy of which the late Monsieur deGournay used to complain so greatly; here theoffices, clerks, secretaries, inspectors and in-tendants are not appointed to benefit the pub-lic interest, indeed the public interest appearsto have been established so that offices mightexist.[166]

Cynicism over “officialdom” is still common, and theworkings of public servants is typically contrasted

6.7 Civil society 17

to private enterprise motivated by profit.[167] In factprivate companies, especially large ones, also havebureaucracies.[168] Negative perceptions of "red tape"aside, public services such as schooling, health care,policing or public transport are considered a crucial statefunction making public bureaucratic action the locus ofgovernment power.[168]

Writing in the early 20th century, Max Weber believedthat a definitive feature of a developed state had cometo be its bureaucratic support.[169] Weber wrote that thetypical characteristics of modern bureaucracy are that of-ficials define its mission, the scope of work is bound byrules, and management is composed of career expertswho manage top down, communicating through writingand binding public servants’ discretion with rules.[170]

6.6 Legal profession

Main article: Legal professionA corollary of the rule of law is the existence of a legal

In civil law systems such as those of France, Germany, Italy,Spain and Greece, there is a distinct category of notary, alegally trained public official, compensated by the parties to atransaction.[171] This is a 16th-century painting of such a notaryby Flemish painter Quentin Massys.

profession sufficiently autonomous to invoke the author-ity of the independent judiciary; the right to assistanceof an advocate in a court proceeding emanates from thiscorollary—in England the function of barrister or advo-cate is distinguished from legal counselor (solicitor).[172]As the European Court of Human Rights has stated,the law should be adequately accessible to everyone andpeople should be able to foresee how the law affects

them.[173]

In order tomaintain professionalism, the practice of law istypically overseen by either a government or independentregulating body such as a bar association, bar council orlaw society. Modern lawyers achieve distinct professionalidentity through specified legal procedures (e.g. success-fully passing a qualifying examination), are required bylaw to have a special qualification (a legal education earn-ing the student a Bachelor of Laws, a Bachelor of CivilLaw or a Juris Doctor degree[174]), and are constituted inoffice by legal forms of appointment (being admitted tothe bar). Most Muslim countries have developed simi-lar rules about legal education and the legal profession,but some still allow lawyers with training in traditionalIslamic law to practice law before personal status lawcourts.[175] In China and other developing countries thereare not sufficient professionally-trained people to staff theexisting judicial systems, and, accordingly, formal stan-dards are more relaxed.[176]

Once accredited, a lawyer will often work in a law firm, ina chambers as a sole practitioner, in a government post orin a private corporation as an internal counsel. In additiona lawyer may become a legal researcher who provides on-demand legal research through a library, a commercialservice or freelance work. Many people trained in lawput their skills to use outside the legal field entirely.[177]

Significant to the practice of law in the common law tra-dition is the legal research to determine the current stateof the law. This usually entails exploring case-law re-ports, legal periodicals and legislation. Law practice alsoinvolves drafting documents such as court pleadings, per-suasive briefs, contracts, or wills and trusts. Negotiationand dispute resolution skills (including ADR techniques)are also important to legal practice, depending on thefield.[177]

6.7 Civil society

Main article: Civil societyThe Classical republican concept of “civil society” dates

A march in Washington D.C. during the U.S. Civil Rights Move-ment in 1963

18 8 NOTES

back to Hobbes and Locke.[178] Locke saw civil societyas people who have “a common established law and judi-cature to appeal to, with authority to decide controversiesbetween them.”[179] German philosopher GeorgWilhelmFriedrich Hegel distinguished the “state” from “civil soci-ety” (bürgerliche Gesellschaft) in Elements of the Philoso-phy of Right.[180]

Hegel believed that civil society and the state were po-lar opposites, within the scheme of his dialectic theory ofhistory. The modern dipole state–civil society was repro-duced in the theories of Alexis de Tocqueville and KarlMarx.[181][182] Nowadays in post-modern theory civil so-ciety is necessarily a source of law, by being the basisfrom which people form opinions and lobby for what theybelieve law should be. As Australian barrister and authorGeoffrey Robertson QC wrote of international law,

... one of its primary modern sources isfound in the responses of ordinary men andwomen, and of the non-governmental organi-zations which many of them support, to thehuman rights abuses they see on the televisionscreen in their living rooms.[183]

Freedom of speech, freedom of association and manyother individual rights allow people to gather, discuss,criticise and hold to account their governments, fromwhich the basis of a deliberative democracy is formed.The more people are involved with, concerned by andcapable of changing how political power is exercised overtheir lives, the more acceptable and legitimate the lawbecomes to the people. The most familiar institutions ofcivil society include economic markets, profit-orientedfirms, families, trade unions, hospitals, universities,schools, charities, debating clubs, non-governmentalorganisations, neighbourhoods, churches, and religiousassociations.[184]

7 See also• Jurisprudence• Legal Research• Legal Research in the United States• Human rights• Political science• Philosophy of law• Rule of law• Legal treatise• Law dictionary• Rule according to higher law• Public interest law

8 Notes[1] Luban, Law’s Blindfold, 23.

[2] Robertson, Crimes against humanity, 90.

[3] http://www.brightknowledge.org/knowledge-bank/law-and-politics/spotlight-on-law/what-is-sharia-law

[4] (France, The Red Lily, Chapter VII). The original Frenchis: “La loi, dans un grand souci d'égalité, interdit auxriches comme aux pauvres de coucher sous les ponts, demendier dans les rues et de voler du pain.”.

[5] Aristotle. Politics, Book 3#3:16. n.b. This translationreads, “it is more proper that law should govern than anyone of the citizens”

[6] Stewart and Burgess. Collins Dictionary of Law. Harper-Collins Publishers. 1996. ISBN 0 00 470009 0. Page229.

[7] Cicero, De Officiis, I, 10, 33. Latin: "summum ius,summa iniuria". For the translation given above, see, forexample, Adler and Doren, Great Treasury of WesternThought, Bowker, 1977, p 851.

[8] “Withering away of the state”. Palgrave McMillan Dictio-nary of Political Thought. 2007.

[9] Third New International Dictionary, Merriam-Webster,Inc., Springfield, Massachussettes.

[10] Dictionary of the History of Ideas, Charles Scribner’sSons, Editor Philip P. Weiner, 1973.

[11] McCoubrey, Hilaire and White, Nigel D. Textbook on Ju-risprudence. Second Edition. Blackstone Press Limited.1996. ISBN 1-85431-582-X. Page 2.

[12] Williams, Glanville. International Law and the Contro-versy Concerning the Meaning of the Word “Law”. Re-vised version published in Laslett (Editor), Philosophy,Politics and Society (1956) p. 134 et seq. The originalwas published in (1945) 22 BYBIL 146.

[13] Arnold, Thurman. The Symbols of Government. 1935.Page 36.

[14] Lord Lloyd of Hampstead. Introduction to Jurisprudence.Third Edition. Stevens & Sons. London. 1972. SecondImpression. 1975.

[15] Although many scholars argue that “the boundaries be-tween public and private law are becoming blurred”,and that this distinction has become mere “folklore”(Bergkamp, Liability and Environment, 1–2).

[16] E.g. in England these seven subjects, with EU law sub-stituted for international law, make up a “qualifying lawdegree”. For criticism, see Peter Birks' poignant com-ments attached to a previous version of the Notice to LawSchools.

[17] History of the UN, United Nations. Winston Churchill(The Hinge of Fate, 719) comments on the League ofNations’ failure: “It was wrong to say that the Leaguefailed. It was rather the member states who had failedthe League.”

19

[18] The prevailing manner of enforcing international lawis still essentially “self help"; that is the reaction bystates to alleged breaches of international obligations byother states (Robertson, Crimes against Humanity, 90;Schermers-Blokker, International Institutional Law, 900–901).

[19] Petersmann, The GATT/WTO Dispute Settlement SystemInternational Criminal Court, 32

[20] Redfem, International Commercial Arbitration, 68–69

[21] Schermers–Blokker, International Institutional Law, 943

[22] See the fundamental C-26/62 Van Gend en Loos v Neder-landse Administratie der Belastingen, and Flaminio Costav E.N.E.L. decisions of the European Court.

[23] Entick v Carrington (1765) 19 Howell’s State Trials 1030;[1765] 95 ER 807

[24] “Entick v Carrington”. 19 Howell’s State Trials 1029(1765). US: Constitution Society. Retrieved 13 Novem-ber 2008.

[25] Locke, The Second Treatise, Chapter 9, section 124

[26] Tamanaha, On the Rule of Law, 47

[27] Auby, Administrative Law in France, 75

[28] Cesare Beccaria's seminal treatise of 1763–1764 is titledOn Crimes and Punishments (Dei delitti e delle pene).

[29] Brody, Acker and Logan, Criminal Law, 2; Wilson, Crim-inal Law, 2

[30] Dennis J. Baker, Glanville Williams Textbook of CriminalLaw (London: 2012), 2

[31] See e.g. Brody, Acker and Logan, Criminal Law, 205about Robinson v. California, 370 U.S. 660 (1962).

[32] See e.g. Feinman, Law 111, 260–261 about Powell v.Texas, 392 U.S. 514 (1968).

[33] Dörmann, Doswald-Beck and Kolb, Elements of WarCrimes, 491

[34] Kaiser, Leistungsstörungen, 333

[35] About R v Dudley and Stephens [1884] 14 QBD 273 DC,see Simpson, Cannibalism and the Common Law, 212–217, 229–237

[36] Pelser, Criminal Legislation, 198

[37] The States Parties to the Rome Statute, InternationalCriminal Court

[38] Wehberg, Pacta Sunt Servanda, 775

[39] About Carlill v Carbolic Smoke Ball Company [1893] 1QB 256, and the element of consideration, see Beale andTallon, Contract Law, 142–143

[40] Austotel v Franklins (1989) 16 NSWLR 582

[41] e.g. in Germany, § 311 Abs. II BGB

[42] § 105 Abs. II BGB

[43] Smith, The Structure of Unjust Enrichment Law, 1037

[44] Bolton v Stone [1951] AC 850

[45] Donoghue v Stevenson ([1932] A.C. 532, 1932 S.C. (H.L.)31, [1932] All ER Rep 1). See the original text of the casein UK Law Online.

[46] Donoghue v Stevenson [1932] AC 532, 580

[47] Sturges v Bridgman (1879) 11 Ch D 852

[48] e.g. concerning a British politician and the Iraq War,George Galloway v Telegraph Group Ltd [2004] EWHC2786

[49] Taff Vale Railway Co v Amalgamated Society of RailwayServants [1901] AC 426

[50] In the UK, Trade Union and Labour Relations (Consolida-tion) Act 1992; c.f. in the U.S., National Labor RelationsAct

[51] Harris, The Bubble Act, 610–627

[52] e.g. Hunter v Canary Wharf Ltd [1997] 2 All ER 426

[53] Armory v Delamirie (1722) 93 ER 664, 1 Strange 505

[54] Matthews, The Man of Property, 251–274

[55] Savigny, Das Recht des Besitzes, 25

[56] Locke, Second Treatise on Civil Government, Chap. IX.Of the Ends of Political Society andGovernment. Chapter9, section 123.

[57] McGhee, Snell’s Equity, 7

[58] c.f. Bristol and West Building Society v Mothew [1998] Ch1

[59] Keech v Sandford (1726) Sel Cas Ch 61

[60] Nestlé v National Westminster Bank plc [1993] 1 WLR1260

[61] A Guide to the Treaty of Lisbon, The Law Society

[62] Berle, Modern Corporation and Private Property

[63] WIPO, Intellectual Property, 3

[64] Modern scholars argue that the significance of this dis-tinction has progressively declined; the numerous legaltransplants, typical of modern law, result in the sharing bymodern legal systems of many features traditionally con-sidered typical of either common law or civil law (Mattei,Comparative Law and Economics, 71)

[65] Civil law jurisdictions recognise custom as “the othersource of law"; hence, scholars tend to divide the civil lawinto the broad categories of “written law” (ius scriptum) orlegislation, and “unwritten law” (ius non scriptum) or cus-tom. Yet they tend to dismiss custom as being of slightimportance compared to legislation (Georgiadis, GeneralPrinciples of Civil Law, 19; Washofsky, Taking PrecedentSeriously, 7).

[66] Gordley-von Mehren, Comparative Study of Private Law,18

20 8 NOTES

[67] Gordley-von Mehren, Comparative Study of Private Law,21

[68] Stein, Roman Law in European History, 32

[69] Stein, Roman Law in European History, 35

[70] Stein, Roman Law in European History, 43

[71] Hatzis, The Short-Lived Influence of the Napoleonic CivilCode in Greece, 253–263

[72] Demirgüç-Kunt -Levine, Financial Structures and Eco-nomic Growth, 204

[73] The World Factbook – Field Listing – Legal system, CIA

[74] Magna Carta, Fordham University

[75] Gordley-von Mehren, Comparative Study of Private Law,4

[76] Gordley-von Mehren, Comparative Study of Private Law,3

[77] Pollock (ed) Table Talk of John Selden (1927) 43; “Equityis a roguish thing. For law we have a measure... equityis according to the conscience of him that is Chancellor,and as that is longer or narrower, so is equity. 'Tis allone as if they should make the standard for the measure aChancellor’s foot.”

[78] Gee v Pritchard (1818) 2 Swans. 402, 414

[79] Blackstone, Commentaries on the Laws of England, Bookthe First – Chapter the First

[80] Gordley-von Mehren, Comparative Study of Private Law,17

[81] Glenn, Legal Traditions of the World, 159

[82] See Canon law (Catholic Church)

[83] Anderson, Law Reform in the Middle East, 43

[84] Giannoulatos, Islam, 274–275

[85] Sherif, Constitutions of Arab Countries, 157–158

[86] Saudi Arabia, Jurist

[87] Akhlagi, Iranian Commercial Law, 127

[88] Hallaq, The Origins and Evolution of Islamic Law, 1

[89] Théodoridés. “law”. Encyclopedia of the Archaeology ofAncient Egypt.

[90] VerSteeg, Law in ancient Egypt

[91] Richardson, Hammurabi’s Laws, 11

[92] Kelly, A Short History of Western Legal Theory, 5–6

[93] J.P. Mallory, “Law”, in Encyclopedia of Indo-EuropeanCulture, 346

[94] Ober, The Nature of Athenian Democracy, 121

[95] Kelly, A Short History of Western Legal Theory, 39

[96] Stein, Roman Law in European History, 1

[97] As a legal system, Roman law has affected the develop-ment of law worldwide. It also forms the basis for thelaw codes of most countries of continental Europe andhas played an important role in the creation of the ideaof a common European culture (Stein, Roman Law in Eu-ropean History, 2, 104–107).

[98] Sealey-Hooley, Commercial Law, 14

[99] Mattei, Comparative Law and Economics, 71

[100] For discussion of the composition and dating of thesesources, see Olivelle, Manu’s Code of Law, 18–25.

[101] Glenn, Legal Traditions of the World, 276

[102] Glenn, Legal Traditions of the World, 273

[103] Glenn, Legal Traditions of the World, 287

[104] Glenn, Legal Traditions of the World, 304

[105] Glenn, Legal Traditions of the World, 305

[106] Glenn, Legal Traditions of the World, 307

[107] Glenn, Legal Traditions of the World, 309

[108] Farah, Five Years of China WTO Membership, 263–304

[109] Rousseau, The Social Contract, Book II: Chapter 6 (Law)

[110] Bix, John Austin

[111] Fritz Berolzheimer, The World’s Legal Philosophies, 115–116

[112] Kant, Immanuel, Groundwork of the Metaphysics ofMorals, 42 (par. 434)

[113] Green, Legal Positivism

[114] Nietzsche, Zur Genealogie der Moral, Second Essay, 11

[115] Kazantzakis, Friedrich Nietzsche and the Philosophy ofLaw, 97–98

[116] Linarelli, Nietzsche in Law’s Cathedral, 23–26

[117] Marmor, The Pure Theory of Law

[118] Bielefeldt, Carl Schmitt’s Critique of Liberalism, 25–26

[119] Finn, Constitutions in Crisis, 170–171

[120] Bayles, Hart’s Legal Philosophy, 21

[121] Dworkin, Law’s Empire, 410

[122] Raz, The Authority of Law, 3–36

[123] Raz, The Authority of Law, 37 etc.

[124] Campbell, The Contribution of Legal Studies, 184

[125] Holmes, Oliver Wendell. “The Path of Law (1897) 10Harvard Law Review 457 at 461.

21

[126] Aquinas, St Thomas. Summa Theologica. 1a2ae, 90.4.Translated by J G Dawson. Ed d'Entreves. (Basil Black-well). Latin: “nihil est aliud qau edam rationis ordinatioad bonum commune, ab eo qi curam communitatis habet,promulgata”.

[127] McCoubrey, Hilaire and White, Nigel D. Textbook on Ju-risprudence. Second Edition. Blackstone Press Limited.1996. ISBN 1-85431-582-X. Page 73.

[128] According to Malloy (Law and Economics, 114), Smithestablished “a classical liberal philosophy that made indi-viduals the key referential sign while acknowledging thatwe live not alone but in community with others”.

[129] Jakoby, Economic Ideas and the Labour Market, 53

[130] “The Becker-Posner Blog”. Retrieved 20 May 2010.

[131] Coase, The Nature of the Firm, 386–405

[132] Coase, The Problem of Social Cost, 1–44

[133] Coase, The Problem of Social Cost, IV, 7

[134] Coase, The Problem of Social Cost, V, 9

[135] Coase, The Problem of Social Cost, VIII, 23

[136] Cotterrell, Sociology of Law, Jary, Collins Dictionary ofSociology, 636

[137] Ehrlich, Fundamental Principles, Hertogh, Living Law,Rottleuthner, La Sociologie du Droit en Allemagne, 109,Rottleuthner, Rechtstheoritische Probleme der Sociologiedes Rechts, 521

[138] Cotterrell, Law, Culture and Society

[139] Rheinstein, Max Weber on Law and Economy in Society,336

[140] Cotterrell, Emile Durkheim: Law in a Moral Domain,Johnson, The Blackwell Dictionary of Sociology, 156

[141] Gurvitch, Sociology of Law, 142

[142] Papachristou, Sociology of Law, 81–82

[143] Montesquieu, The Spirit of Laws, Book XI: Of the LawsWhich Establish Political Liberty, with Regard to theConstitution, Chapters 6–7

[144] Thomas Hobbes, Leviathan, XVII

[145] A Brief Overview of the Supreme Court, Supreme Courtof the United States

[146] House of Lords Judgments, House of Lords

[147] Entscheidungen des Bundesverfassungsgerichts, Bun-desverfassungsgericht

[148] Jurisprudence, publications, documentation, Cour de cas-sation

[149] Goldhaber, European Court of Human Rights, 1–2

[150] Patterson, Brown v. Board of Education

[151] Dicey, Law of the Constitution, 37–82

[152] E.g., the court president is a political appointee (Jensen–Heller, Introduction, 11–12). About the notion of “judi-cial independence” in China, see Findlay, Judiciary in thePRC, 282–284

[153] Sherif, Constitutions of Arab Countries, 158

[154] Rasekh, Islamism and Republicanism, 115–116

[155] Riker, The Justification of Bicameralism, 101

[156] About “cabinet accountability” in both presidential andparliamentary systems, see Shugart–Haggard, PresidentialSystems, 67 etc.

[157] Haggard, Presidents, Parliaments and Policy, 71

[158] Olson, The New Parliaments of Central and Eastern Eu-rope, 7

[159] See, e.g. Tuberville v Savage (1669), 1 Mod. Rep. 3, 86Eng. Rep. 684, where a knight said in a threatening toneto a layman, “If it were not assize time, I would not takesuch language from you.”

[160] History of Police Forces, History.com Encyclopedia

[161] Des Sergents de Ville et Gardiens de la Paix à la Police deProximité, La Préfecture de Police

[162] Weber, Politics as a Vocation

[163] Weber, The Theory of Social and Economic Organisation,154

[164] In these cases sovereignty is eroded, and often warlordsacquire excessive powers (Fukuyama, State-Building,166–167).

[165] Bureaucracy, Online Etymology Dictionary

[166] Albrow, Bureaucracy, 16

[167] Mises, Bureaucracy, II, Bureaucratic Management

[168] Kettl, Public Bureaucracies, 367

[169] Weber, Economy and Society, I, 393

[170] Kettl, Public Bureaucracies, 371

[171] Hazard–Dondi, Legal Ethics, 22

[172] Hazard–Dondi, Legal Ethics, 1

[173] The Sunday Times v The United Kingdom [1979] ECHR1 at 49 Case no. 6538/74

[174] Higher academic degrees may also be pursued. Examplesinclude a Master of Laws, a Master of Legal Studies or aDoctor of Laws.

[175] Ahamd, Lawyers: Islamic Law

[176] Hazard–Dondi, Legal Ethics, 22–23

[177] Fine, The Globalisation of Legal Education, 364

[178] Warren, Civil Society, 3–4

[179] Locke, Second Treatise, Chap. VII, Of Political orCivil_Society. Chapter 7, section 87

22 9 REFERENCES

[180] Hegel, Elements of the Philosophy of Right, 3, II, 182;Karkatsoulis, The State in Transition, 277–278

[181] (Pelczynski, The State and Civil Society, 1–13; Warren,Civil Society, 5–9)

[182] Zaleski, Pawel (2008). “Tocqueville on Civilian Society.A Romantic Vision of the Dichotomic Structure of So-cial Reality”. Archiv für Begriffsgeschichte (Felix MeinerVerlag) 50.

[183] Robertson, Crimes Against Humanity, 98–99

[184] There is no clear legal definition of the civil society, andof the institutions it includes. Most of the institutions andbodies who try to give a list of institutions (such as theEuropean Economic and Social Committee) exclude thepolitical parties. For further information, see Jakobs, Pur-suing Equal Opportunities, 5–6; Kaldor–Anheier–Glasius,Global Civil Society, passim (PDF); Karkatsoulis, TheState in Transition, 282–283.

9 ReferencesPrinted sources

• Ahmad, Ahmad Atif. “Lawyers: Islamic Law”(PDF). Oxford Encyclopedia of Legal History. Ox-ford University Press.

• Akhlaghi, Behrooz (2005). “Iranian CommercialLaw and the New Investment Law FIPPA”. In Yas-sari, Nadjma. The Sharīʻa in the Constitutions ofAfghanistan, Iran, and Egypt. Mohr Siebeck. ISBN3-16-148787-7.

• Albrow, Martin (1970). Bureaucracy (Key Conceptsin Political Science). London: Palgrave Macmillan.ISBN 0-333-11262-8.

• Anderson, J.N.D. (January 1956). “Law Reform inthe Middle East”. International Affairs (Royal Insti-tute of International Affairs 1944—) 32 (1): 43–51.doi:10.2307/2607811. JSTOR 2607811.

• Aristotle. Athenian Constitution. Trans. FredericGeorge Kenyon. Wikisource. See original text inPerseus program.

• Barzilai, Gad (2003), Communities and Law: Poli-tics and Cultures of Legal Identities. The Universityof Michigan Press, 2003. Second print 2005 ISBN0-47211315-1

• Auby, Jean-Bernard (2002). “Administrative Lawin France”. In Stroink, F.A.M.; Seerden, René. Ad-ministrative Law of the European Union, its MemberStates and the United States. Intersentia. ISBN 90-5095-251-8.

• Gad Barzilai (2003). Communities and Law: Politicsand Cultures of Legal Identities. The University ofMichigan Press. ISBN 0-47211315-1.

• Bayles, Michael D. (1992). “A Critique of Austin”.Hart’s Legal Philosophy. Springer. ISBN 0-7923-1981-8.

• Beale, Hugh; Tallon, Denis (2002). “English Law:Consideration”. Contract Law. Hart Publishing.ISBN 1-84113-237-3.

• Bergkamp, Lucas (2001). “Introduction”. Liabil-ity and Environment. Martinus Nijhoff Publishers.ISBN 90-411-1645-1.

• Berle, Adolf (1932). Modern Corporation and Pri-vate Property.

• Bielefeldt, Heiner (1998). “Carl Schmitt’s Cri-tique of Liberalism: Systematic Reconstruction andCountercriticism”. In David Dyzenhaus. Law asPolitics: Carl Schmitt’s Critique of Liberalism. DukeUniversity Press. ISBN 0-8223-2244-7.

• Blackstone, William (1765–69). Commentaries onthe Laws of England.

• Brody, David C.; Acker, James R.; Logan, WayneA. (2000). “Introduction to the Study of CriminalLaw”. Criminal Law. Jones & Bartlett Publishers.ISBN 0-8342-1083-5.

• Campbell, Tom D. (1993). “The Contribution ofLegal Studies”. A Companion to Contemporary Po-litical Philosophy edited by Robert E. Goodin andPhilip Pettit. Malden, Mass.: Blackwell Publishing.ISBN 0-631-19951-9.

• Churchill, Winston (1986). “Problems of War andPeace”. The Hinge of Fate. Houghton MifflinBooks. ISBN 0-395-41058-4.

• Clarke, Paul A. B.; Linzey, Andrew (1996). Dic-tionary of Ethics, Theology and Society. London:Routledge. ISBN 0-415-06212-8.

• Coase, Ronald H. (November 1937). “The Na-ture of the Firm”. Economica 4 (16): 386–405.doi:10.1111/j.1468-0335.1937.tb00002.x.

• Coase, Ronald H. (October 1960). “The Problemof Social Cost (this online version excludes someparts)". Journal of Law and Economics 3: 1–44.doi:10.1086/466560.

• Demirgüç-Kunt, Asli; Levine, Ross (2001). “Finan-cial Structures and Economic Growth”. FinancialStructures and Economic Growth. MIT Press. ISBN0-262-54179-3.

• Cotterrell, Roger (1992). The Sociology of Law: AnIntroduction. OxfordUniversity Press. ISBN 0-406-51770-3.

• Cotterrell, Roger (1999). Emile Durkheim: Law ina Moral Domain. Edinburgh University Press/ Stan-ford University Press. ISBN 0-7486-1339-0.

23

• Cotterrell, Roger (2006). Law, Culture and Society:Legal Ideas in the Mirror of Social Theory. Ashgate.ISBN 978-0-7546-2511-7.

• Curtin, Deirdre; Wessel, Ramses A. (2005). “ASurvey of the Content of Good Governance forsome International Organisations”. Good Gover-nance and the European Union: Reflections on Con-cepts, Institutions and Substance. Intersentia nv.ISBN 90-5095-381-6.

• Albert Venn, Dicey (2005). “ParliamentarySovereignty and Federalism”. Introduction to theStudy of the Law of the Constitution. Adamant Me-dia Corporation. ISBN 1-4021-8555-3.

• Dörmann, Knut; Doswald-Beck, Louise; Kolb,Robert (2003). “Appendix”. Elements of WarCrimes. Cambridge University Press. ISBN 0-521-81852-4.

• Durkheim, Émile (1893). The Division of Laborin Society. The Free Press reprint. ISBN 0-684-83638-6.

• Dworkin, Ronald (1986). Law’s Empire. HarvardUniversity Press. ISBN 0-674-51836-5.

• Ehrlich, Eugen ([1936]2002). Fundamental Prin-ciples of the Sociology of Law. Transaction Booksreprint. Check date values in: |date= (help)

• Farah, Paolo (August 2006). “Five Years of ChinaWTO Membership. EU and US Perspectives aboutChina’s Compliance with Transparency Commit-ments and the Transitional Review Mechanism”.Legal Issues of Economic Integration 33 (3): 263–304.

• Feinman, Jay M. (2006). “Criminal Responsibilityand Criminal Law”. Law 101. Oxford UniversityPress US. ISBN 0-19-517957-9.

• Findlay, Marc (1999). "'Independence' and the Ju-diciary in the PRC”. In Jayasuriya, Kanishka. Law,Capitalism and Power in Asia. Routledge. ISBN 0-415-19742-2.

• Fine, Tony F. (2001). “The Globalization of LegalEducation in the United States”. In Drolshammer,Jens I.; Pfeifer, Michael. The Internationalization ofthe Practice of Law. Martinus Nijhoff Publishers.ISBN 90-411-1620-6.

• Finn, John E. (1991). “Constitutional Dissolution inthe Weimar Republic”. Constitutions in Crisis: Polit-ical Violence and the Rule of Law. Oxford Univer-sity Press. ISBN 0-19-505738-4.

• France, Anatole (1894). The Red Lily (Le lys rouge).

• Fukuyama, Francis (2005—first edition in English2004). State-Building. Editions Livanis. ISBN 960-14-1159-3. Check date values in: |date= (help)

• Georgiadis, Apostolos S. (1997). “Sources of Law”.General Principles of Civil Law (in Greek). Ant. N.Sakkoulas Publishers. ISBN 960-232-715-4.

• Giannoulatos, Anastasios (1975). “Characteristicsof Modern Islam”. Islam – A General Survey (inGreek). Athens: Poreuthentes.

• Glenn, H. Patrick (2000). Legal Traditions of theWorld. Oxford University Press. ISBN 0-19-876575-4.

• Michael D., Goldhaber (2007). “Europe’s SupremeCourt”. A People’s History of the European Courtof Human Rights. Rutgers University Press. ISBN0-8135-3983-8.

• Gordley, James R.; von Mehren; Arthur Taylor(2006). An Introduction to the Comparative Studyof Private Law. Cambridge: Cambridge UniversityPress. ISBN 978-0-521-68185-8.

• Gurvitch, Georges; Hunt, Alan (1942—New edition2001). “Max Weber and Eugen Ehrlich”. Sociologyof Law. Athens: Transaction Publishers. ISBN 0-7658-0704-1. Check date values in: |date= (help)

• Haggard, Stephan (2001). “Institutions and Pub-lic Policy in Presidential Systems”. Presidents, Par-liaments and Policy. Cambridge University Press.ISBN 0-521-77485-3.

• Hallaq, Wael Bahjat (2005). “Introduction”. TheOrigins and Evolution of Islamic Law. CambridgeUniversity Press. ISBN 0-521-00580-9.

• Hamilton, Michael S., and George W. Spiro (2008).The Dynamics of Law, 4th ed. Armonk, NY: M.E.Sharpe, Inc. ISBN 978-0-7656-2086-6.

• Harris, Ron (September 1994). “The Bubble Act:Its Passage and Its Effects on Business Organiza-tion”. The Journal of Economic History 54 (3): 610–27. doi:10.1017/S0022050700015059. JSTOR2123870?.

• Hart, H.L.A. (1961). The Concept of Law. OxfordUniversity Press.

• Hatzis, Aristides N. (November 2002). “TheNature of the Firm”. European Journalof Law and Economics 14 (3): 253–263.doi:10.1023/A:1020749518104. Retrieved 13February 2007.

• Hayek, Friedrich (1978). The Constitution of Lib-erty. University of Chicago Press. ISBN 0-226-32084-7.

• Hazard, Geoffrey C.; Dondi, Angelo (2004). LegalEthics. Stanford University Press. ISBN 0-8047-4882-9.

24 9 REFERENCES

• Hegel, Georg (1820). Elements of the Philosophy ofRight (in German).

• Heinze, Eric (2013). The Concept of Injustice.Routledge. ISBN 978-0-415-52441-4.

• Hertogh (ed), Marc (2009). Living Law: Reconsid-ering Eugen Ehrlich. Hart. ISBN 978-1-84113-898-5.

• Hobbes, Thomas (1651). “Chapter XVII: Of theCauses, Generation, and Definition of a Common-wealth”. Leviathan.

• Jakobs, Lesley A. (2004). “Retrieving Equality ofOpportunity”. Pursuing Equal Opportunities. Cam-bridge University Press. ISBN 0-521-53021-0.

• Jakoby, Stanford M. (Winter 2005). “Cycles ofEconomic Thought” (PDF). “Economic Ideas andthe Labour Market”. Comparative Labor Law andPolicy Journal 25 (1): 43–78. Retrieved 12 Febru-ary 2007.

• Jary, David; Julia Jary (1995). Collins Dictionary ofSociology. HarperCollins. ISBN 0-00-470804-0.

• Jensen, Eric G.; Heller, Thomas C. (2003). “Intro-duction”. In Jensen, Eric G.; Heller, Thomas C.Beyond Common Knowledge. Stanford UniversityPress. ISBN 0-8047-4803-9.

• Johnson, Alan (1995). The Blackwell Dictionary ofSociology. Blackwells publishers. ISBN 1-55786-116-1.

• Kaiser, Dagmar (2005). “Leistungsstōrungen”. InStaudinger, Julius von; Martinek, Michael; Beck-mann, Roland Michael. Eckpfeiler Des Zivilrechts.Walter de Gruyter. ISBN 3-8059-1019-3.

• Kaldor, Mary; Anheier, Helmut; Glasius, Marlies(2003). “Global Civil Society in an Era of Regres-sive Globalisation”. In Kaldor, Mary; Anheier, Hel-mut; Glasius, Marlies. Global Civil Society Year-book 2003. Oxford University Press. ISBN 0-19-926655-7.

• Kant, Immanuel (1785—New edition 1998).Groundwork of the Metaphysics of Morals (Trans-lated by Mary Gregor). Cambridge UniversityPress. ISBN 0-521-62695-1. Check date values in:|date= (help)

• Karkatsoulis, Panagiotis (2004). “Civil Society andNew Public Management”. The State in Transition(in Greek). Athens: I. Sideris. ISBN 960-08-0333-1.

• Kazantzakis, Nikos (1909—Reissue edition 1998).“Law”. Friedrich Nietzsche and the Philosophyof Law and Polity (in Greek). Athens: EditionsKazantzakis. Check date values in: |date= (help)

• Kelly, J.M. (1992). A Short History of Western Le-gal Theory. Oxford University Press. ISBN 0-19-876244-5.

• Kettl, Don (November 2006). “Public Bureaucra-cies”. The Oxford Handbook of Political Institutionsedited by R. A. W. Rhodes, Sarah A. Binder and BertA. Rockman. Oxford University Press. ISBN 0-19-927569-6.

• Linarelli, John (2004). “Cycles of Eco-nomic Thought”. “Nietzsche in Law’s Cathe-dral: Beyond Reason and Postmodernism”.Catholic University Law Review 53: 413–457.doi:10.2139/ssrn.421040. Retrieved 5 March2007.

• Locke, John (1689). " Book II". Two Treatises ofGovernment. Wikisource.

• Luban, David (2001). “Law’s Blindfold”. Conflict ofInterest in the Professions. Oxford University Press.ISBN 0-19-512863-X.

• Malloy, Robin Paul (1994). “Adam Smith and theModern Discourse of Law and Economics”. In PaulMalloy, Robin; Evensky, Jerry. Adam Smith and thePhilosophy of Law and Economics. Springer. ISBN0-7923-2796-9.

• Mattei, Ugo (1997). “The Distinction betweenCommon Law and Civil Law”. Comparative Lawand Economics. University of Michigan Press.ISBN 0-472-06649-8.

• Matthews, Paul (Autumn 1995). “The Man ofProperty”. Medical Law Review, 3 (3): 251–274.doi:10.1093/medlaw/3.3.251. PMID 11657690.

• McGhee, John (2000). Snell’s Equity. London:Sweet and Maxwell. ISBN 0-421-85260-7.

• Mises, Ludwig von (1962) [1944]. Bureaucracy(PDF). Retrieved 10 November 2006.

• Montesquieu, Baron de (1748). “Book XI: Of theLaws Which Establish Political Liberty, with Re-gard to the Constitution, Chapters 6–7”. The Spiritof Laws (translated in English by Thomas Nugent,revised by J. V. Prichard).

• Nietzsche, Friedrich (1887). “Zweite Abhandlung:“Schuld”, “schlechtes Gewissen” und Verwandtes”.Zur Genealogie der Moral – Eine Streitschrift (inGerman).

• Ober, Josiah (1996). “The Nature of AthenianDemocracy”. The Athenian Revolution: Essayson Ancient Greek Democracy and Political Theory.Princeton University Press. ISBN 0-691-00190-1.

25

• Olivelle, Patrick (2005). Manu’s Code of Law:A Critical Edition and Translation of the Manava-Dharmasastra. New York: Oxford University Press.ISBN 0-19-517146-2.

• Olson, David M., Norton, Philip (1996). “Legisla-tures in Democratic Transition”. The New Parlia-ments of Central and Eastern Europe. Frank Cass(UK). ISBN 0-7146-4261-4.

• (Greek) Papachristou, T.K. (1999). “The Sociolog-ical Approach of Law”. Sociology of Law. Athens:A.N. Sakkoulas Publishers. ISBN 960-15-0106-1.

• Patterson, James T. (2001). Brown v. Board of Ed-ucation: A Civil Rights Milestone and Its TroubledLegacy. New York: Oxford University Press. ISBN0-19-515632-3.

• Pelczynski, A.Z. (1984). The State and Civil Society.Cambridge University Press.

• Petersmann, Ernst-Ulrich (1997). “Rule of Law andConstitutionalism”. The GATT/WTO Dispute Settle-ment System. Martinus Nijhoff Publishers. ISBN90-411-0933-1.

• Rasekh, Mohammad (2005). “Are Islamism andRepublicanism Compatible?". In Yassari, Nadjma.The Sharīʻa in the Constitutions of Afghanistan, Iran,and Egypt. Mohr Siebeck. ISBN 3-16-148787-7.

• Raz, Joseph (1979). The Authority of Law, Es-says on Law and Morality. Oxford University Press.ISBN 0-19-825493-8.

• Redfem, Alan (2004). “Regulation of InternationalArbitration”. Law and Practice of InternationalCommercial Arbitration. Sweet & Maxwell. ISBN0-421-86240-8.

• Rheinstein, M. (1954). Max Weber on Law andEconomy in Society. Harvard University Press.

• Richardson, W.E.J. (2004). “Introduction”. Ham-murabi’s Laws. Continuum International PublishingGroup. ISBN 0-567-08158-3.

• Riker, William H. (January 1992). “The Justifica-tion of Bicameralism”. International Political Sci-ence Review / Revue internationale de science poli-tique 13 (1): 101–116. JSTOR 1601440.

• Robertson, Geoffrey (2006). Crimes Against Hu-manity. Penguin. ISBN 978-0-14-102463-9.

• Roeber, A. G. (October 2001). “What the LawRequires Is Written on Their Hearts: Noachicand Natural Law among German-Speakers inEarly Modern North America”. William andMary Quarterly. Third Series 58 (4): 883–912.doi:10.2307/2674504. JSTOR 2674504.

• Rottleuthner, Hubert (December 1989). “La Soci-ologie du Droit en Allemagne” (PDF). Droit et So-ciété (in French) 11: 101–120. Retrieved 10 Febru-ary 2007.

• Rottleuthner, Hubert (1984). “RechtstheoritischeProbleme der Sociologie des Rechts. Die Kon-troverse zwischen Hans Kelsen und Eugen Ehrlich(1915/17)". Rechtstheorie (in German) 5: 521–551.

• Rousseau, Jean-Jacques (1762). “Book II: Chapter6 (Law)". The Social Contract (translated in Englishby G. D. H. Cole) (in French).

• Savigny, Friedrich Carl von (1803). “Zu welcherClasse von Rechten gehört der Besitz?". Das Rechtdes Besitzes (in German).

• Schermers, Henry G.; Blokker, Niels M. (1995).“Supervision and Sanctions”. International Institu-tional Law. The Hague/London/Boston: MartinusNijhoff Publisher.

• Sealy, L.S.; Hooley, R.J.A. (2003). CommercialLaw. LexisNexis Butterworths.

• Sherif, Adel Omar (2005). “Constitutions of ArabCountries and the Position of Sharia”. In Yas-sari, Nadjma. The Sharīʻa in the Constitutions ofAfghanistan, Iran, and Egypt. Mohr Siebeck. ISBN3-16-148787-7.

• Shugart, Matthew Soberg; Haggard, Stephan(2001). “Institutions and Public Policy in Presiden-tial Systems”. In Haggard, Stephan; McCubbins,MathewDaniel. Presidents, Parliaments, and Policy.Cambridge University Press. ISBN 0-521-77485-3.

• Simpson, A.W.B. (1984). Cannibalism and theCommon Law. Chicago: University of ChicagoPress. ISBN 978-0-226-75942-5.

• Smith, StephenA. (Winter 2003). “The Structure ofUnjust Enrichment Law: Is Restitution a Right or aRemedy” (PDF). Loyola of Los Angeles Law Review36 (2): 1037–1062. Retrieved 9 February 2007.

• Stein, Peter (1999). Roman Law in European His-tory. Cambridge University Press. p. 32. ISBN0-521-64372-4.

• Stone, Julius (1965). “Early Horizons of Justice inthe West”. Human Law and Human Justice. Stan-ford University Press. ISBN 0-8047-0215-2.

• Tamanaha, Brian Z. (2004). “Locke, Montesquieuthe Federalist Papers”. On the Rule of Law. Cam-bridge University Press. ISBN 0-521-60465-6.

• Théodoridés, Aristide (1999). “law”. Encyclope-dia of the Archaeology of Ancient Egypt. Routledge(UK). 0-415-18589-0.

26 9 REFERENCES

• VerSteeg, Russ (2002). Law in Ancient Egypt.Durham, N.C.: Carolina Academic Press. ISBN 0-89089-978-9.

• Warren, Mark E. (1999). Civil Society and GoodGovernance (PDF). Washington DC: Center forthe Study of Voluntary Organisations and Services,Georgetown University.

• Washofsky, Mark (2002). “Taking Precedent Seri-ously”. Re-Examining Progressive Halakhah editedby Walter Jacob, Moshe Zemer. Berghahn Books.ISBN 1-57181-404-3.

• Weber, Max (1978). “Bureaucracy and Politi-cal Leadership”. Economy and Society, Volume I(Translated and edited by Claus Wittich, EphraimFischoff, and Guenther Roth). University of Cali-fornia Press. ISBN 0-520-03500-3.

• Weber, Max (1919). Politics as a Vocation.Wikisource.

• Weber, Max (1964). The Theory of Social and Eco-nomic Organization (Edited with Introduction by Tal-cott Parsons – Translated in English by A. M. Hen-derson). The Free Press of Glencoe. ASIN B-000-LRHAX-2.

• Wehberg, Hans (October 1959). “Pacta Sunt Ser-vanda”. The American Journal of International Law53 (4): 775–786. doi:10.2307/2195750. JSTOR2195750.

• Wilson, William (2003). “Understanding CriminalLaw”. Criminal Law. Pearson Education. ISBN 0-582-47301-2.

• World Intellectual Property Organization (1997).“The System of Intellectual Property”. Introductionto Intellectual Property. Kluwer Law International.ISBN 90-411-0938-2.

• Silvestri, Paolo, “The ideal of good government inLuigi Einaudi’s Thought and Life: Between Law andFreedom”, in Paolo Heritier, Paolo Silvestri (Eds.),Good government, Governance, Human complex-ity. Luigi Einaudi’s legacy and contemporary soci-eties, Leo Olschki, Firenze, 2012, pp. 55-95.

Online sources

• “A Brief Overview of the Supreme Court” (PDF).Supreme Court of the United States. Retrieved 10November 2006.

• “A Guide to the Treaty of Lisbon” (PDF). The LawSociety. January 2008. Retrieved 1 September2008.

• Bix, Brian. “John Austin”. Stanford Encyclopediaof Philosophy. Retrieved 14 February 2007.

• “bureaucracy”. Online Etymology Dictionary. Re-trieved 2 September 2007.

• “C-26/62VanGend en Loos v Nederlandse Adminis-tratie der Belastingen". Eur-Lex. Retrieved 19 Jan-uary 2007.

• “C-6/64 Flaminio Costa v ENEL". Eur-Lex. Re-trieved 1 September 2007.

• “Des Sergents de Ville et Gardiens de la Paix à la Po-lice de Proximité : la Préfecture de Police au Servicedes Citoyens” (in French). La Préfecture de Policede Paris. Archived from the original on 6May 2008.Retrieved 24 January 2007.

• “Entscheidungen des Bundesverfassungsgerichts(Decisions of the Federal Constitutional Court)" (inGerman). Bundesverfassungsgericht. Retrieved 10November 2006.

• Green, Leslie. “Legal Positivism”. Stanford En-cyclopedia of Philosophy. Retrieved 10 December2006.

• “History of Police Forces”. History.com Encyclope-dia. Retrieved 10 December 2006.

• “History of the UN”. About the United Na-tions/History. Retrieved 1 September 2008.

• “House of Lords Judgments”. House of Lords. Re-trieved 10 November 2006.

• “Jurisprudence, publications, documentation” (inFrench). Cour de cassation. Retrieved 11 February2007.

• “law”. Law.com Dictionary. Retrieved 10 February2007.

• “law”. Online Etymology Dictionary. Retrieved 9February 2007.

• “legal”. Merriam-Webster’s Online Dictionary. Re-trieved 9 February 2007.

• “Magna Carta”. Fordham University. Retrieved 10November 2006.

• Marmor, Andrei (1934). “The Pure Theory ofLaw”. Stanford Encyclopedia of Philosophy. Re-trieved 9 February 2007.

• “Saudi Arabia”. Jurist. Retrieved 2 September2006.

• “The States Parties to the Rome Statute”.International Criminal Court. Retrieved 10February 2007.

• “The World Factbook – Field Listing – Legal sys-tem”. CIA. Retrieved 13 October 2007.

27

10 External links• DRAGNET: Search of free legal databases fromNew York Law School

• WorldLII – World Legal Information Institute

• CommonLII – Commonwealth Legal InformationInstitute

• AsianLII – Asian Legal Information Institute(AsianLII)

• AustLII – Australasian Legal Information Institute

• BaiLII – British and Irish Legal Information Insti-tute

• CanLII – Canadian Legal Information Institute

• NZLII – New Zealand Legal Information Institute

• PacLII – Pacific Islands Legal Information Institute

• SAfLII – Southern African Legal Information Insti-tute

28 11 TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES

11 Text and image sources, contributors, and licenses

11.1 Text• Law Source: http://en.wikipedia.org/wiki/Law?oldid=632704924 Contributors: Chenyu, Lee Daniel Crocker, Brion VIBBER, Mav, TheAnome, Tarquin, AstroNomer, Slrubenstein, F. Lee Horn, -- April, Mark, XJaM, Fredbauder, Gianfranco, Toby Bartels, Enchanter, Deb,Nate Silva, SJK, Ortolan88, SimonP, Shii, DavidLevinson, DrBob, LK, Heron, Netesq, Hephaestos, Olivier, Rickyrab, Stevertigo, Ed-ward, Patrick, Michael Hardy, Fred Bauder, Oliver Pereira, Lexor, Vera Cruz, Pnm, BoNoMoJo (old), Red Bowen, Gabbe, Lquilter,Zanimum, Sannse, TakuyaMurata, Karada, Delirium, Pde, Looxix, Ihcoyc, Ahoerstemeier, EntmootsOfTrolls, Snoyes, Angela, Den fjät-trade ankan, Mk270, Glenn, Djmutex, Nikai, Rotem Dan, Kaihsu, Palfrey, Evercat, David Stewart, Samw, Alex756, Shino Baku, Likea Virgin, EdH, Lukobe, Schneelocke, Emperorbma, Charles Matthews, Guaka, Timwi, Ike9898, Tedius Zanarukando, Daniel Quin-lan, Rednblu, WhisperToMe, Lafayette, Tpbradbury, Maximus Rex, Grendelkhan, Tempshill, VeryVerily, Karukera, Topbanana, LordEmsworth, Andrew Yong, Indefatigable, Raul654, Bcorr, Jerzy, Jusjih, David.Monniaux, Jon Roland, Patrician42, Phil Boswell, Rob-bot, Dale Arnett, Chrism, Fredrik, Enceladus, Postdlf, Merovingian, Rfc1394, Puckly, Hemanshu, Sekicho, Auric, CdaMVvWgS, Jondel,Hadal, UtherSRG, Lupo, HaeB, Guy Peters, Superm401, Dina, Carnildo, Alan Liefting, Ancheta Wis, Benji Franklyn, Smjg, ChristopherParham, Wikilibrarian, Robin Patterson, Yuri koval, Kim Bruning, Wiglaf, Ævar Arnfjörð Bjarmason, Netoholic, Aphaia, Zigger, Rj,Brad Bridgewater, Everyking, Bkonrad, Michael Devore, Frencheigh, Gareth Wyn, Guanaco, Sundar, Python eggs, Jackol, Bobblewik,JRR Trollkien, Altinmas, Gadfium, Manuel Anastácio, Pamri, Quadell, Seek, Antandrus, Beland, MisfitToys, Lesgles, Kiteinthewind,Rdsmith4, Anythingyouwant, Maximaximax, Bodnotbod, Phil1988, Icairns, Gscshoyru, Neutrality, Trilobite, M1ss1ontomars2k4, Jimag-inator, Bluemask, D6, Monkeyman, Poccil, Discospinster, Rosskin, Brianhe, Rich Farmbrough, Supercoop, FT2, Qutezuce, Vsmith, EricShalov, Dbachmann, Paul August, SpookyMulder, Bender235, ESkog, Janderk, Polynova, Jestephens, Brian0918, Pmcm, MBisanz, El C,Lycurgus, Kwamikagami, Art LaPella, RoyBoy, Dennis Brown, Coolcaesar, Bobo192, Icut4you, Longhair, Smalljim, Reinyday, RAM,AllyUnion, Mytildebang, JW1805, SpeedyGonsales, Man vyi, Gilgamesh79, Larry V, Martg76, Sam Korn, AnnaAniston, AppleJuggler,Pearle, Passw0rd, Ranveig, Kunwarbs, Alansohn, Gary, TheParanoidOne, Arcenciel, Ungtss, Arthena, Nealcardwell, Philippe.shink, Jeltz,Andrewpmk, Crebbin, Riana, Wikidea, Esadiweb, Garfield226, TommyBoy, InShaneee, Dark Shikari, Spangineer, Snowolf, Mesulliv,Wtmitchell, Palakin, ReyBrujo, Harej, CloudNine, LFaraone, Bsadowski1, Drbreznjev, Ringbang, PullUpYourSocks, HenryLi, Dismas,Y0u, Tariqabjotu, Angr, Joriki, Velho, Richard Arthur Norton (1958- ), Simetrical, Dionysios, OwenX, Woohookitty, Mindmatrix, Camw,Jersyko, Jacobolus, Kzollman, Jeff3000, MONGO, Apokrif, Hayvac, RicJac, Wikedguy, Prashanthns, Cedrus-Libani, Rajanala83, Yst,Mbxp, Dysepsion, Graham87, Magister Mathematicae, Keeves, BD2412, FreplySpang, DePiep, Dpr, Dwaipayanc, Electionworld, Edison,Sjö, Rjwilmsi, Hogué, Erebus555, Kinu, Ian Lancaster, Vary, PCStuff, Amire80, Seraphimblade, SMC, HappyCamper, Frenchman113,Boccobrock, Brighterorange, The wub, Gary Brown, FlavrSavr, Tbone, Bbullot, Saksham, Vuong Ngan Ha, Talia679, RobertG, Vclaw,Nihiltres, RexNL, Gurch, Jrtayloriv, Kuribosshoe, Malhonen, Forzaferrara, King of Hearts, DaGizza, Gwernol, Ravenswing, The RamblingMan, Wavelength, Jeffpw, Sceptre, Hairy Dude, Brandmeister (old), 999, Smehrdad, RussBot, Yjones, DMahalko, John Smith’s, Fabar-tus, Hede2000, Splash, Sir Jimmy, DanMS, Chaser, Stephenb, Alex Bakharev, Cryptic, Wimt, Marcus Cyron, NawlinWiki, ENeville,Wiki alf, Johann Wolfgang, Trovatore, Justin Eiler, RazorICE, Irishguy, Mshecket, Hogne, PhilipO, Dimmelman, Eugrus, Mmmbeer,Raven4x4x, Moe Epsilon, Tertulia, Tony1, JPMcGrath, IAMCanadian, Dbfirs, Htonl, Samir, BOT-Superzerocool, Gadget850, Speed-oflight, Pydos, Wknight94, Tigershrike, Jkelly, Sandstein, CQ, Zzuuzz, Epiq, JB Piggin, Chase me ladies, I'm the Cavalry, Closedmouth,Dooley, Modify, JoanneB, TBadger, BergZ, Fram, Bentong Isles, HereToHelp, Pádraic MacUidhir, Allens, Alloy33, Kungfuadam, Md-wyer, Banus, Hathaldir, Selmo, DVD R W, AndyJones, Bibliomaniac15, DocendoDiscimus, Sardanaphalus, Vanka5, Chicocvenancio,Veinor, SmackBot, Monocrat, Moeron, Reedy, Prodego, KnowledgeOfSelf, Hydrogen Iodide, David.Mestel, Pgk, Prototime, Vald, Speight,Jagged 85, Thunderboltz, Delldot, Josephprymak, Canthusus, Kintetsubuffalo, Edgar181, Commander Keane bot, PeterSymonds, PeterIsotalo, Gilliam, Bernard Hibbitts, Ohnoitsjamie, Hmains, Skizzik, JAn Dudík, Redcbr600, Master Jay, KaragouniS, Keegan, PersianPoet Gal, Rex Germanus, Tito4000, Jprg1966, Thumperward, MartinPoulter, Jon513, Fplay, SchfiftyThree, Schi, Kungming2, Robth,Baronnet, Colonies Chris, Chr.K., Oatmeal batman, Verrai, John Reaves, Scwlong, Can't sleep, clown will eat me, Aquarius Rising,TheGerm, Chlewbot, Squalla, Intelligent Mr Toad, Darthgriz98, TheKMan, Zvar, Gopple, Bolivian Unicyclist, Edivorce, AhmetArikan,Dr pda, COMPFUNK2, Cybercobra, Savidan, Kenlamance, VegaDark, Stiles, Guthridg, Harvestman, Shadow1, A.R., Eran of Arcadia,Akriasas, BullRangifer, Sljaxon, Terryballard, Andeggs, Ck lostsword, Samuel Sol, Dadso, Kukini, Ceoil, Will Beback, The undertow,Yannismarou, CinnamonApril, ArglebargleIV, Zymurgy, NikoSilver, Zenbuddha77, Kuru, T g7, Ourai, Scientizzle, Coredesat, Tim Q.Wells, Rundquist, Green Giant, Pegmnet, Shattered, Ckatz, Svippong, 16@r, JHunterJ, Werdan7, Kirbytime, Beetstra, SQGibbon, TheMissing Hour, Waggers, SandyGeorgia, Doczilla, TastyPoutine, Ryulong, RichardF, Sopholatre, Lotvas, Omfgbbq, Susceptor, Hu12, On-BeyondZebrax, White Ash, TwistOfCain, LeyteWolfer, Flamelai, J Di, Alberto33, R, GDallimore, Pimlottc, Lucy-marie, AGK, CivilEngineer III, Linkspamremover, Tawkerbot2, Dlohcierekim, Daniel5127, Ouishoebean, Firewall62, Cryptic C62, Eastlaw, Fvasconcel-los, Seide, CmdrObot, Davidryan168, Wafulz, Dycedarg, Scohoust, Blue-Haired Lawyer, Vision Thing, Caesar Rodney, CWY2190, Ba-sawala, Yarnalgo, ShelfSkewed, MarsRover, Leujohn, Neelix, Penbat, E.G., Gregbard, TJDay, Vaquero100, [email protected], Jasperdoomen,Reywas92, Steel, DavidForthoffer, Krishnaji, Forceful342, Gogo Dodo, Khatru2, Anonymi, Corpx, Chasingsol, Gba111, Julian Mendez,Kotiwalo, Shirulashem, Dragomiloff, DumbBOT, Dumaka, FastLizard4, Kozuch, Brad101, SteveMcCluskey, Theirishpianist, Justice III,Banakar, Gimmetrow, Bryan P. C. C., Malleus Fatuorum, Epbr123, Barticus88, Mercury, Kilva, Jobber, Mojo Hand, Mereda, Luigi-fan, Vertium, Bobblehead, Picus viridis, Joymmart, Sinn, CharlotteWebb, Nick Number, Dugong, Escarbot, Dantheman531, Ju66l3r,Thadius856, Snbritishfreak, Hires an editor, AntiVandalBot, Luna Santin, Seaphoto, LeoSchulz, DimTsi, Prolog, Flibjib8, Lordmetroid,Cinnamon42, Dylan Lake, Alphachimpbot, Thehappyhobo, NYGiantsNYMets91, Myanw, Dmerrill, Kapla2004, Ani td, MikeLynch,JAnDbot, Donkyt, Dan D. Ric, D99figge, Husond, Jetblaksuit, Bobvila2, Barek, MER-C, The Transhumanist, Instinct, INAFFIT, BeeAr-kKey, Andonic, Hut 8.5, Leolaursen, Frankie816, Ow, the pain!, Mike Teflon, RennonNariano, Ninie300, Xeltopius, InsanityJ, Reswik,Pharillon, ZPM, Kelleyo2l, Bongwarrior, VoABot II, Dentren, JNW, EOBeav, JamesBWatson, Verkhovensky, Nyttend, Kevinmon, Spar-rowsWing, JohnKoziar, GroovySandwich, Richardss, Adjmalachite, Mariapoliantseva, Taamu, 28421u2232nfenfcenc, Allstarecho, UserA1, Businessman332211, DerHexer, Esanchez7587, Tkessler45, Gjd001, Adriaan, MartinBot, Mermaid from the Baltic Sea, Hotamar,Alexwebpro, Anaxial, Holwil, Mschel, Kostisl, R'n'B, CommonsDelinker, AlexiusHoratius, Mrorigins, ArcAngel, Tgeairn, Robb0082,J.delanoy, Captain panda, Trusilver, ThaneofFife, Maurice Carbonaro, Jesant13, Eliz81, Lawpro, Unimaginative Username, Manmanjin2,FrummerThanThou, Katalaveno, Tetonca, Mgbell, AdamBMorgan, Sunidesus, Mrg3105, The Transhumanist (AWB), SJP, Cobi, TouchOf Light, LeighvsOptimvsMaximvs, Dogg12, Flatterworld, Non Curat Lex, Interkulti, BigHairRef, Juliancolton, Cometstyles, WJBscribe,Amaryllis2, Bonadea, Linuxaurus, Funkydunky9, Hun99, NwoOtr594, CardinalDan, Idioma-bot, Spellcast, Ingram, Xnuala, Signalhead,Wikieditor06, Lights, Vranak, Marblesong, Deor, VolkovBot, Jeff G., Reddog418, Harkey Lodger, Soliloquial, RightSideNov, TomerT, Šarukinu, Bsroiaadn, Station1, Jacroe, Aesopos, Philip Trueman, Drmarcphd, DoorsAjar, TXiKiBoT, Joopercoopers, GimmeBot,Parker007, Jazzwick, Walor, Chimpex, Anonymous Dissident, Namikiw, Mocko13, Qxz, Timlaz, Anna Lincoln, Savagepine, Clarince63,

11.2 Images 29

Martin451, Idib, Matilda Sharks, Andrewandjoseph, Jackfork, LeaveSleaves, MercuryBot, Blinkelicious, Bearian, Ilkali, Ordermaven, SIRDUCKSWORTHY8, Madhero88, Eubulides, Megamanxxxhp, Doug, Complex (de), Andrewaskew, Osho-Jabbe, Enigmaman, Finngall,Brainmuncher, Synthebot, Altermike, SmileToday, TLJames, Texasbbq, Sheepgomoo, Denri, Skixz, Ralle Funk, Nicro, Mrroboto2007,Lollypopdancer, Three in the morning, JohnG-07, Pignord, Coolkat23, Manhunter3, Nagy, Quantpole, Logan, Struway, Ohiostandard,Sfmammamia, IrishAbroad, Thw1309, Natox, SieBot, Kfc1864, K. Annoyomous, Tiddly Tom, AlexanderMatsumoto, Moonriddengirl,WereSpielChequers, Fost112358, SheepNotGoats, Winchelsea, Viskonsas, Matthew Yeager, Yintan, Bamkin, Troyw, Flyer22, Tiptoety,Adamward69, Arbor to SJ, Jreans, Strife911, Thishumorcake, Oxymoron83, Artoasis, Smaug123, Bagatelle, KoshVorlon, Aringoold, Light-mouse, Alex.muller, Sanya3, Dillard421, Bot-iww, Gecko19, Bowei Huang 2, Dios Primus, Joshschr, TFCforever, ShajiA, Jiminezwaldorf,Elassint, ClueBot, Rumping, Jum-interw, Narutodude2007, Snigbrook, Gorillasapiens, The Thing That Should Not Be, Police,Mad,Jack,Rodhullandemu, Thinh94, ImperfectlyInformed, Wysprgr2005, 13camiles, Sahib-qiron, Dingiswayo, Mild Bill Hiccup, DanielDeibler,Timothy Lubin, CounterVandalismBot, Etlsen, Sarahperacha, Niceguyedc, Jamesrand2e, Neverquick, Crules4, Auntof6, Jon007, Manis-hearth, Depositlaw, Jordanb2k7, No such user, Excirial, Anonymous101, Jusdafax, Kered1954, Coralmizu, Mira Gambolputty, Jbaladitya,Lartoven, NuclearWarfare, Kaeso Dio, 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11.2 Images• File:1879-Ottoman_Court-from-NYL.png Source: http://upload.wikimedia.org/wikipedia/commons/3/3b/1879-Ottoman_Court-from-NYL.png License: Public domain Contributors: Transferred from en.wikipedia; transferred to Commons by User:Shizhaousing CommonsHelper. Original artist: Original uploader was Karabekir at en.wikipedia

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30 11 TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES

• File:Constitution_of_India.jpg Source: http://upload.wikimedia.org/wikipedia/commons/4/4d/Constitution_of_India.jpg License:Public domain Contributors: http://www.loc.gov/exhibits/world/images/wt0070_1s.jpg Originally from en.wikipedia; description pageis/was here. Beohar Rammanohar Sinha illuminated, beautified and decorated the original manuscript calligraphed by Prem Behari NarainRaizada. Beohar Rammanohar Sinha’s legible short-signature in Devanagari-script as Ram on the Preamble-page (lower-right corner withinthe outermost border-design), and as Rammanohar on other pages of the Constitution bear unambiguous testimony to this fact. He was thefavorite disciple of Nandalal Bose. After finishing the Constitution, some leftover art-material was carefully preserved by the artist whichhe bequeathed to his son Beohar Dr Anupam Sinha. Original artist: Illumination/ornamentation by Beohar Rammanohar Sinha, calligraphyby Prem Behari Narain Raizada.

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• File:Milkau_Oberer_Teil_der_Stele_mit_dem_Text_von_Hammurapis_Gesetzescode_369-2.jpg Source: http://upload.wikimedia.org/wikipedia/commons/5/55/Milkau_Oberer_Teil_der_Stele_mit_dem_Text_von_Hammurapis_Gesetzescode_369-2.jpg License:Public domain Contributors: Fritz-Milkau-Dia-Sammlung, erstellt in der Photographischen Werkstatt der Preußischen Staatsbibliothek von1926-1933 Original artist: ?

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