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Public Law
Public law is the part of law that governs relations and affairs between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Laws concerning relationships between individuals belong to private law. The relationships public law governs are asymmetric and unequalized. Government bodies (central or local) can make decisions about the rights of persons. However, as a consequence of the rule-of-law doctrine, authorities may only act within the law (''secundum et intra legem''). The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review. The distinction between public law and private law dates back to Roman law, where the R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Person
In law, a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts, lawsuit, sue and be sued, ownership, own property, and so on. The reason for the term "''legal'' person" is that some legal persons are not human persons: Company, companies and corporations (i.e., business entities) are ''persons'', legally speaking (they can legally do most of the things an ordinary person can do), but they are not, in a literal sense, human beings. Legal personhood is a prerequisite to capacity (law), legal capacity (the ability of any legal person to amend – i.e. enter into, transfer, etc. – rights and Law of obligations, obligations): it is a prerequisite for an international organization being able to sign treaty, international treaties in its own legal name, name. History The concept of legal personhood for organizations of people is at least as old as Ancient Rome: a variety of Coll ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including Law and economics, economics, Applied ethics, ethics, Legal history, history, Sociology of law, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, Civil law (legal system), civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Body Politic
The body politic is a polity—such as a city, realm, or state—considered metaphorically as a physical body. Historically, the sovereign is typically portrayed as the body's head, and the analogy may also be extended to other anatomical parts, as in political readings of Aesop's fable of " The Belly and the Members". The image originates in ancient Greek philosophy, beginning in the 6th century BC, and was later extended in Roman philosophy. Following the high and late medieval revival of the Byzantine ''Corpus Juris Civilis'' in Latin Europe, the "body politic" took on a jurisprudential significance by being identified with the legal theory of the corporation, gaining salience in political thought from the 13th century on. In English law the image of the body politic developed into the theory of the king's two bodies and the Crown as corporation sole. The metaphor was elaborated further from the Renaissance onwards, as medical knowledge based on Galen was challenged by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Fiction
A legal fiction is a construct used in the law where a thing is taken to be true, which is not in fact true, in order to achieve an outcome. Legal fictions can be employed by the courts or found in legislation. Legal fictions are different from Presumption, legal presumptions which assume a certain state of facts until the opposite is proved, such as the presumption of legitimacy. The term ''legal fiction'' is sometimes used in a pejorative way. Jeremy Bentham was a famous historical critic of legal fictions. Proponents of legal fictions, particularly of their use historically, identify legal fictions as "scaffolding around a building under construction". Common law examples Adoption Adoption, Child adoption is a legal fiction in that the adoptive parents become the legal parents, notwithstanding the lack of a biological relationship. Once an order or judgment of adoption is entered, the biological parents become legal strangers to the child, legally no longer related nor with a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Publica
', also spelled ''rēs pūblica'' to indicate vowel length, is a Latin phrase, loosely meaning "public affair". It is the root of the ''republic'', and '' commonwealth'' has traditionally been used as a synonym for it; however, translations vary widely according to the context. ''Res'' is a nominative singular Latin noun for a substantive or concrete thing—as opposed to ''spes'', which means something unreal or ethereal—and ''publica'' is an attributive adjective meaning "of or pertaining to the public, people", hence a literal translation is "the public thing, affair", or "the people's thing, affair". The Latin term ''res publica'' was incompatible with the idea of absolute power by any individual or group over the body of citizens. The most essential characteristic of a ''res publica'' was liberty (''libertas''), which meant freedom from the arbitrary control of another and the absence of a monarchical domination over the body politic, that was analogous to the absolute ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and transitioned into the Renaissance and the Age of Discovery. The Middle Ages is the middle period of the three traditional divisions of Western history: classical antiquity, the medieval period, and the modern period. The medieval period is itself subdivided into the Early, High, and Late Middle Ages. Population decline, counterurbanisation, the collapse of centralised authority, invasions, and mass migrations of tribes, which had begun in late antiquity, continued into the Early Middle Ages. The large-scale movements of the Migration Period, including various Germanic peoples, formed new kingdoms in what remained of the Western Roman Empire. In the 7th century, North Africa and the Middle East—once part of the Byzantine Empire� ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ernst Kantorowicz
Ernst Hartwig Kantorowicz (May 3, 1895 – September 9, 1963) was a German historian of medieval political and intellectual history and art, known for his 1927 book '' Kaiser Friedrich der Zweite'' on Holy Roman Emperor Frederick II, and '' The King's Two Bodies'' (1957) on medieval and early modern ideologies of monarchy and the state. He was an elected member of both the American Philosophical Society and the American Academy of Arts and Sciences. Life Early life and education Kantorowicz was born in Posen (then part of Prussia) to a wealthy, assimilated German-Jewish family, and as a young man was groomed to take over his family's prosperous liquor distillery business. He was also the cousin of author and Muslim homosexual activist Hugo Marcus. Kantorowicz served as an officer in the German Army for four years in World War I. According to his biographer Robert E. Lerner, Kantorowicz served in a field artillery regiment and fought at Battle of Verdun, where he was wounded. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Otto Von Gierke
Otto Friedrich von Gierke, born Otto Friedrich Gierke (11 January 1841 – 10 October 1921), was a German legal scholar and historian. He is considered today as one of the most influential and important legal scholars of the 19th and 20th century. In his four-volume magnum opus entitled ''Das deutsche Genossenschaftsrecht'' (''German Law of Associations''), he pioneered the study of social groups and the importance of associations in German life, which stood between the divide of private and public law. During his career at Berlin University's law department, Gierke was a leading critic of the first draft of a new Civil Code for Imperial Germany. Gierke argued that it had been molded in an individualistic frame that was inconsistent with German social traditions. Gierke became known as a vocal Germanist within the German Historical School of Jurisprudence. The draft was revised to remove Roman law influences and the German Civil Code came into effect in 1900. Career In 1841 O ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Teutons
The Teutons (, ; ) were an ancient northern European tribe mentioned by Roman authors. The Teutons are best known for their participation, together with the Cimbri and other groups, in the Cimbrian War with the Roman Republic in the late second century BC. Some generations later, Julius Caesar compared them to the Germanic peoples of his own time, and used this term for all northern peoples located east of the Rhine. Later Roman authors followed his identification. However, there is no direct evidence about whether or not they spoke a Germanic language. Evidence such as the tribal name, and the names of their rulers, as they were written up by Roman historians, indicates a strong influence from Celtic languages. On the other hand, the indications that classical authors gave about the homeland of the Teutones is considered by many scholars to show that they lived in an area associated with early Germanic languages, and not in an area associated with Celtic languages. Name Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for Civil law (legal system), legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary. Eastern Europe was also influenced by the jurisprudence of the , especially in countries such as medieval Romania, which created a new legal system comprising a mixture of Roman and local law. After the dissolution of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Official
An official is someone who holds an office (function or Mandate (politics), mandate, regardless of whether it carries an actual Office, working space with it) in an organization or government and participates in the exercise of authority (either their own or that of their superior or employer, public or legally private). An elected official is a person who is an official by virtue of an election. Officials may also be appointed ''ex officio'' (by virtue of another office, often in a specified capacity, such as presiding, advisory, secretary). Some official positions may be Inheritance, inherited. A person who currently holds an office is referred to as an incumbent. Something "official" refers to something endowed with governmental or other authoritative recognition or mandate, as in official language, official gazette, or official scorer. Etymology The word ''official'' as a noun has been recorded since the Middle English period, first seen in 1314. It comes from the Old French ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Digest (Roman Law)
The ''Digest'' (), also known as the Pandects (; , , "All-Containing"), was a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine emperor Justinian I in 530–533 AD. It is divided into 50 books. The ''Digest'' was part of a reduction and codification of all Roman laws up to that time, which later came to be known as the (). The other two parts were a collection of statutes, the (Code), which survives in a second edition, and an introductory textbook, the Institutes; all three parts were given force of law. The set was intended to be complete, but Justinian passed further legislation, which was later collected separately as the (New Laws or, conventionally, the "Novels"). History The original ''Codex Justinianus'' was promulgated in April of 529 by the C. "Summa". This made it the only source of imperial law, and repealed all earlier codifications. However, it permitted reference to ancient jurists whose writings had been regarded as au ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
