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List Of Legal Topics
:'' The following outline is provided as an overview of and topical guide to law:'' Law ('' article link'') is the set of rules and principles (laws) by which a society is governed, through enforcement by governmental authorities. Law is also the field that concerns the creation and administration of laws, and includes any and all legal systems. Nature of law Law can be described as all of the following: * Academic discipline – the body of knowledge given to - or received by - a disciple (student); a branch or sphere of knowledge, or field of study, that an individual has chosen to specialise in. ** one of the humanities – an academic discipline that studies the human condition, using methods that are primarily analytical, critical, or speculative, as distinguished from the mainly empirical approaches of the natural sciences. * System – set of elements (often called 'components' instead) and relationships which are different from relationships of the set o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Custom (Catholic Canon Law)
In the canon law of the Catholic Church, custom is the repeated and constant performance of certain acts for a defined period of time, which, with the approval of the competent legislator, thereby acquire the force of law.Metz, ''What is Canon Law?'', pg. 39 A custom is an unwritten law introduced by the continuous acts of the faithful with the consent of the legitimate legislator. Historically, some ritual and regulatory customs would be recorded in texts known as customaries for use both within particular cathedrals and religious orders or for dissemination among associated ecclesial communities. Custom may be considered as a fact and as a law. As a fact, it is simply the frequent and free repetition of acts concerning the same thing; as a law, it is the result and consequence of that fact. Hence its name, which is derived from ''consuesco'' or ''consuefacio'' and denotes the frequency of the action. In order for custom to become a source of law, it must be approved by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Traditional Chinese Law
Traditional Chinese law refers to the laws, regulations, and rules used in China up to 1911, when the last imperial dynasty fell. It has undergone continuous development since at least the 11th century BCE. This legal tradition is distinct from the common law and civil law traditions of the West – as well as Islamic law and classical Hindu law – and to a great extent, is contrary to the concepts of contemporary Chinese law. It incorporates elements of both Legalist and Confucian traditions of social order and governance. One feature of the traditional Chinese criminal procedure is that it was an inquisitorial system where the judge, usually the district magistrate, conducts the public investigation of a crime. This is comparable to the system used in civil law jurisdictions, but contrary to common law which uses an adversarial system where the judge decides between attorneys representing the prosecution and defense. "The Chinese traditionally despised the role of advocate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ''Allah'') as it was revealed to Muhammad, the Muhammad in Islam, main and final Islamic prophet.Peters, F. E. 2009. "Allāh." In , edited by J. L. Esposito. Oxford: Oxford University Press. . (See alsoquick reference) "[T]he Muslims' understanding of Allāh is based...on the Qurʿān's public witness. Allāh is Unique, the Creator, Sovereign, and Judge of mankind. It is Allāh who directs the universe through his direct action on nature and who has guided human history through his prophets, Abraham, with whom he made his covenant, Moses/Moosa, Jesus/Eesa, and Muḥammad, through all of whom he founded his chosen communities, the 'Peoples of the Book.'" It is the Major religious groups, world's second-largest religion behind Christianity, w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application ( Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crime ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theravada
''Theravāda'' () ( si, ථේරවාදය, my, ထေရဝါဒ, th, เถรวาท, km, ថេរវាទ, lo, ເຖຣະວາດ, pi, , ) is the most commonly accepted name of Buddhism's oldest existing school. The school's adherents, termed Theravādins, have preserved their version of Gautama Buddha's teaching or '' Buddha Dhamma'' in the Pāli Canon for over two millennia. The Pāli Canon is the most complete Buddhist canon surviving in a classical Indian language, Pāli, which serves as the school's sacred language and ''lingua franca''.Crosby, Kate (2013), ''Theravada Buddhism: Continuity, Diversity, and Identity'', p. 2. In contrast to ''Mahāyāna'' and ''Vajrayāna'', Theravāda tends to be conservative in matters of doctrine (''pariyatti'') and monastic discipline (''vinaya''). One element of this conservatism is the fact that Theravāda rejects the authenticity of the Mahayana sutras (which appeared c. 1st century BCE onwards). Modern Theravāda ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pāṭimokkha
In Theravada Buddhism, the Pāṭimokkha is the basic code of monastic discipline, consisting of 227 rules for fully ordained monks (bhikkhus) and 311 for nuns ( bhikkhuṇīs). It is contained in the Suttavibhaṅga, a division of the Vinaya Piṭaka. Pārājika The four pārājikas (lit. "defeats") are rules entailing expulsion from the sangha for life. If a monk breaks any one of the rules he is automatically "defeated" in the holy life and falls from monkhood immediately. He is not allowed to become a monk again in his lifetime. Intention is necessary in all these four cases to constitute an offence. The four parajikas for bhikkus are: # Sexual intercourse: engaging in any sexual intercourse. # Stealing: the robbery of anything worth more than 1/24 troy ounce of gold (as determined by local law). # Killing: bringing about the death of a human being — whether by killing the person, arranging for an assassin to kill the person, inciting the person to die, or describing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jain Law
Jain law or Jaina law is the modern interpretation of ancient Jain law that consists of rules for adoption, marriage, succession and death prescribed for the followers of Jainism. History Ancient Jains regard '' Bharata Chakravartin'' as the first law giver of the present half cycle of time. Jains have their own law books. ''Vardhamana Niti'' and ''Ashana Niti'' by the great Jain teacher Hemachandra deals with Jain law. ''Bhadrabahu Samhit'' is also considered an important book on Jaina law. Modern In 1916, Barrister Jagomandar Lal Jaini (1881-1927) published a translation of ''Bhadrabahu Samhita'', which went on to form the basis of modern Jain law. The author mentioned the full text of a judgement that he delivered in Civil Original Case No. 6 o f1914, Indore, in which Jain religious and legal scriptures were explicitly quoted and relied upon. It has been suggested that Jain mendicants kept Jain lawbooks away from the British because of the Jain laws of purity. Jain lawgivers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Law
Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts. It is one of the oldest known jurisprudence theories in the world and began three thousand years ago whose original sources were the Hindu texts. Hindu tradition, in its surviving ancient texts, does not universally express the law in the canonical sense of ''ius'' or of '' lex''. The ancient term in Indian texts is Dharma, which means more than a code of law, though collections of legal maxims were compiled into works such as the Nāradasmṛti. The term "Hindu law" is a colonial construction, and emerged after the colonial rule arrived in Indian Subcontinent, and when in 1772 it was decided by British colonial officials, that European common law system would not be implement ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Halakha
''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical commandments (''mitzvot''), subsequent Talmudic and rabbinic laws, and the customs and traditions which were compiled in the many books such as the ''Shulchan Aruch''. ''Halakha'' is often translated as "Jewish law", although a more literal translation of it might be "the way to behave" or "the way of walking". The word is derived from the root which means "to behave" (also "to go" or "to walk"). ''Halakha'' not only guides religious practices and beliefs, it also guides numerous aspects of day-to-day life. Historically, in the Jewish diaspora, ''halakha'' served many Jewish communities as an enforceable avenue of law – both civil and religious, since no differentiation of them exists in classical Judaism. Since the Jewish Enlightenment (''Haska ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Promulgation (Catholic Canon Law)
Promulgation in the Catholic canon law, Catholic Catholic canon law, canon law is the publication of a law by which it is made known publicly, and is required by canon law (Catholic Church), canon law for the law to obtain legal effect. Universal Canon law (Catholic Church), laws are promulgated when they are published in ''Acta Apostolicae Sedis'', and unless specified to the contrary, vacatio legis, obtain legal force three months after promulgation.Canon 8 §1, 1983 Code of Canon Law Particular laws are promulgated in various ways but by default take effect one month after promulgation.Canon 8 §2, 1983 Code of Canon Law Definition and nature Promulgation is the act by which the legislator manifests to those subject to his jurisdiction the decision that he has made and makes known to them his intention to bind them to the observance of his law.Metz, René. ''What is Canon Law?'', pg. 41. Without having been promulgated, the canonical law in question has no legal effect, since pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obrogation
In civil law, obrogation (Latin: ''obrogat'' from ''obrogare'') is the modification or repeal of a law in whole or in part by issuing a new law. In canon law, of the Catholic Church, obrogation is the enacting of a contrary law that is a revocation of a previous law; it may also be the partial cancellation or amendment of a law, decree, or legal regulation by the imposition of a newer one. Catholic Church The 1983 Code of Canon Law governs here in canon 53: This canon incorporates Rule 34 in VI of the '' Regulae Iuris'': ''"Generi per speciem derogatur"'' or "The specific derogates from the general."Coriden ''et al.'', ''Commentary'', pg. 54 (commentary on canon 53). See also *Repeal *Conflict of laws * Implied repeal *Naskh (tafsir) ''Naskh'' ( نسخ) is an Arabic word usually translated as " abrogation". In tafsir, or Islamic legal exegesis, ''naskh'' recognizes that one rule might not always be suitable for every situation. In the widely recognized Burton, "Those Are t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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