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Lady Justice, often used as a personification of the law, holding a sword in one hand and scales in the other.

Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.

Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law.

The scope of law can be divided into two domains: public law concerns government and society, including constitutional law, administrative law, and criminal law; while private law deals with legal disputes between parties in areas such as contracts, property, torts, delicts and commercial law. This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts; by contrast, the public-private law divide is less pronounced in common law jurisdictions. (Full article...)

Selected article

A Medieval drawing of ploughing with oxen

Carucage was a medieval English land tax enacted by King Richard I in 1194, based on the size—variously calculated—of the taxpayer's estate. It was a replacement for the danegeld, last imposed in 1162, which had become difficult to collect because of an increasing number of exemptions. Carucage was levied just six times: by Richard in 1194 and 1198; by John, his brother and successor, in 1200; and by John's son, Henry III, in 1217, 1220, and 1224, after which it was replaced by taxes on income and personal property.

The taxable value of an estate was initially assessed from the Domesday Survey, but other methods were later employed, such as valuations based on the sworn testimony of neighbours or on the number of plough-teams the taxpayer used. Carucage never raised as much revenue as other taxes, but nevertheless helped to fund several projects. It paid the ransom for Richard's release in 1194 after he was taken prisoner by Leopold V, Duke of Austria; it covered the tax John had to pay King Philip II of France in 1200 on land he inherited in that country; and it helped to finance Henry III's military campaigns in England and on continental Europe. (Full article...)

Selected biography

Portrait

Lloyd Kenyon, 1st Baron Kenyon, PC (5 October 1732 – 4 April 1802), was a British politician and barrister, who served as Attorney General, Master of the Rolls and Lord Chief Justice. Born to a country gentleman, he was initially educated in Hanmer before moving to Ruthin School aged 12. Rather than going to university he instead worked as a clerk to an attorney, joining the Middle Temple in 1750 and being called to the Bar in 1756. Initially almost unemployed due to the lack of education and contacts which a university education would have provided, his business increased thanks to his friendships with John Dunning, who, overwhelmed with cases, allowed Kenyon to work many, and Lord Thurlow who secured for him the Chief Justiceship of Chester in 1780. He was returned as the Member of Parliament (MP) for Hindon the same year, serving repeatedly as Attorney General under William Pitt the Younger. He effectively sacrificed his political career in 1784 to challenge the ballot of Charles James Fox, and was rewarded with a baronetcy; from then on he did not speak in the House of Commons, despite remaining an MP.

On 27 March 1784, he was appointed Master of the Rolls, a job to which he dedicated himself once he ceased to act as an MP. He had previously practised in the Court of Chancery, and although unfamiliar with Roman law was highly efficient; Lord Eldon said "I am mistaken if, after I am gone, the Chancery Records do not prove that if I have decided more than any of my predecessors in the same period of time, Sir Lloyd Kenyon beat us all". On 9 June 1788, Kenyon succeeded Lord Mansfield as Lord Chief Justice, and was granted a barony. Although not rated as highly as his predecessor, his work "restored the simplicity and rigor of the common law". He remained Lord Chief Justice until his death in 1802. (Full article...)

Selected statute

A statute is a formal written enactment of a legislative body; a law enacted by a legislature. Typically, statutes declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (otherwise known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." (Full article...)


The Representation of the People Act 1832 (also known as the Reform Act 1832, Great Reform Act or First Reform Act) was an act of the Parliament of the United Kingdom (indexed as 2 & 3 Will. 4. c. 45), enacted by the Whig government of Prime Minister Charles Grey, 2nd Earl Grey, introducing major changes to the electoral system of England and Wales, expanding the electorate in the United Kingdom. The legislation granted the right to vote to a broader segment of the male population by standardizing property qualifications, extending the franchise to small landowners, tenant farmers, shopkeepers, and all householders who paid a yearly rental of £10 or more. The act also reapportioned constituencies to address the unequal distribution of seats. The act of England and Wales was accompanied by the Scottish Reform Act 1832 and Irish Reform Act 1832, respectively.

Before the reform, most members of Parliament nominally represented boroughs, and the number of electors in a borough varied widely however, from a dozen or so up to 12,000, and the criteria for qualification for the franchise varied greatly among these boroughs, from the requirement to own land, to merely living in a house with a hearth sufficient to boil a pot. (Full article...)

Did you know...

  • ... that, in the cases of Klayman v. Obama and ACLU v. Clapper, US district courts issued conflicting rulings on the constitutionality of bulk data collection by the US government?
  • ... that in 2011, Nitehawk Cinema successfully lobbied to overturn a Prohibition-era liquor law that prevented movie theaters in New York from serving alcohol?

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Selected case

Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (Full article...)


Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 1 All ER 53 is a case in English tort law that established the principle that claims under nuisance and Rylands v Fletcher must include a requirement that the damage be foreseeable; it also suggested that Rylands was a sub-set of nuisance rather than an independent tort, a debate eventually laid to rest in Transco plc v Stockport Metropolitan Borough Council.

The Cambridge Water Company were a company responsible for providing potable water to the inhabitants of Cambridge and the surrounding areas. In 1976, they purchased a borehole outside Sawston to deal with rising demand. In 1980, a European Directive was issued requiring nations of the European Community to establish standards on the presence of perchloroethene (PCE) in water, which the United Kingdom did in 1982. It was found that the Sawston borehole was contaminated with PCE that had originated in a tannery owned by Eastern Counties Leather. Prior to 1980, there was no knowledge that PCE should be avoided or that it could cause harm, but the Cambridge Water Company brought a case against Eastern Counties Leather anyway.

The case first went to the High Court of Justice, where Kennedy J dismissed claims under nuisance, negligence and Rylands v Fletcher because the harm was not foreseeable. His decision was reversed by the Court of Appeal of England and Wales, who cited an "obscure decision" to justify doing so. The case then went to the House of Lords, where a decision was read by Lord Goff on 9 December 1993. Goff first countered the Court of Appeal decision, restoring Kennedy's dismissal of the case, before moving on to the deeper legal points. Based on the original decision in Rylands, Goff argued that it had always been intended for foreseeability of harm to be a factor, something not previously put into law by the English judiciary. He then stated that Rylands was arguably a sub-set of nuisance, not an independent tort, and as such the factors which led him to including a test of foreseeability of harm in Rylands cases also imposed such a test on all nuisance cases.

The decision in Cambridge Water Co made an immediate change to the law, for the first time requiring foreseeability of harm to be considered in cases brought under Rylands v Fletcher and the general tort of nuisance. It was also significant in implying that Rylands was not an independent tort, something later concluded in the Transco case. Goff's judgment has been criticised on several points by academics, who highlight flaws in wording which leave parts of the judgment ambiguous and a selective assessment of Rylands that ignores outside influences. (Full article...)

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