In
law
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 ar ...
and
government
A government is the system or group of people governing an organized community, generally a State (polity), state.
In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
, ''de jure'' (; ; ) describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with ''
de facto'' ('from fact'), which describes situations that exist in reality, even if not formally recognized.
Definition
''De jure'' is a
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
expression composed of the words ''de'',("from, of") and ''jure'',("law", adjectival form of ''
jus''). Thus, it is descriptive of a structural argument or position derived "from law".
Usage
Jurisprudence and ''de jure'' law
In
U.S. law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the supreme law is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
, particularly after ''
Brown v. Board of Education
''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision of the United States Supreme Court that ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the ...
'' (1954), the difference between ''de facto''
segregation Segregation may refer to:
Separation of people
* Geographical segregation, rates of two or more populations which are not homogenous throughout a defined space
* School segregation
* Housing segregation
* Racial segregation, separation of human ...
(that existed because of voluntary associations and neighborhoods) and ''de jure'' segregation (that existed because of local laws) became important distinctions for court-mandated remedial purposes.
Government and culture
Between 1805 and 1914, the
ruling dynasty of
Egypt
Egypt ( , ), officially the Arab Republic of Egypt, is a country spanning the Northeast Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via the Sinai Peninsula. It is bordered by the Mediterranean Sea to northe ...
was subject to the rulers of the
Ottoman Empire
The Ottoman Empire (), also called the Turkish Empire, was an empire, imperial realm that controlled much of Southeast Europe, West Asia, and North Africa from the 14th to early 20th centuries; it also controlled parts of southeastern Centr ...
but acted as ''de facto'' independent rulers who maintained the
polite fiction
A polite fiction is a social scenario in which all participants are aware of a truth, but pretend to believe in some alternative version of events to avoid conflict or embarrassment. Polite fictions are closely related to euphemism, in which a word ...
of Ottoman
suzerainty
A suzerain (, from Old French "above" + "supreme, chief") is a person, state (polity)">state or polity who has supremacy and dominant influence over the foreign policy">polity.html" ;"title="state (polity)">state or polity">state (polity)">st ...
. However, starting from around 1882, the rulers had only ''de jure'' rule over Egypt, as it had by then become a British
puppet state
A puppet state, puppet régime, puppet government or dummy government is a State (polity), state that is ''de jure'' independent but ''de facto'' completely dependent upon an outside Power (international relations), power and subject to its ord ...
. Thus, by Ottoman law, Egypt was ''de jure'' a province of the Ottoman Empire, but ''de facto'' was part of the
British Empire
The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...
.
Borders
The ''de jure'' borders of a country are defined by the area its government claims, but not necessarily controls. Modern examples include
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
(claimed but not controlled by
China
China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
) and
Kashmir
Kashmir ( or ) is the Northwestern Indian subcontinent, northernmost geographical region of the Indian subcontinent. Until the mid-19th century, the term ''Kashmir'' denoted only the Kashmir Valley between the Great Himalayas and the Pir P ...
(claimed by
multiple countries).
See also
*
Implied repeal
The doctrine of implied repeal is a concept in constitutional theory which states that where an Act of Parliament or an Act of Congress (or of some other legislature) conflicts with an earlier one, the later Act takes precedence and the conflicti ...
*
List of Latin phrases (D)
References
Further reading
*
*
{{Latin phrases
D
ca:Locució llatina#D
fr:Liste de locutions latines#D
id:Daftar frasa Latin#D
it:Locuzioni latine#D
nl:Lijst van Latijnse spreekwoorden en uitdrukkingen#D
pt:Lista de provérbios ...
*
Obrogation
In civil law, obrogation (Latin: from ) is the modification or repeal of a law in whole or in part by issuing a new law.
In the canon law of the Catholic Church, obrogation is the enacting of a contrary law that is a revocation of a previous law ...
*
Unenforced law
An unenforced law (also symbolic law, dead letter law) is a law which is formally in effect (''de jure''), but is usually ('' de facto'') not penalized by a jurisdiction. Such laws are usually ignored by law enforcement, and therefore there are fe ...
References
{{reflist
Latin legal terminology
Latin words and phrases