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Public Law
Public law is the part of law that governs relations 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 inequalized. 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 Roman jurist Ulpia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Person
In law, a legal person is any person or 'thing' (less ambiguously, any legal entity) that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for the term "''legal'' person" is that some legal persons are not people: companies and corporations are "persons" legally speaking (they can legally do most of the things an ordinary person can do), but they are not people in a literal sense. There are therefore two kinds of legal entities: human and non-human. In law, a human person is called a ''natural person'' (sometimes also a ''physical person''), and a non-human person is called a '' juridical person'' (sometimes also a ''juridic'', ''juristic'', ''artificial'', ''legal'', or ''fictitious person'', la, persona ficta). Juridical persons are entities such as corporations, firms (in some jurisdictions), and many government agencies. They are treated in law as if they were persons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General 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 questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, 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 ... [...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 on, as medical knowledge based on Galen was challenged by thinker ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Fiction
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales. Development of the concept A legal fiction typically allows the court to ignore a fact that would prevent it from exercising its jurisdiction by simply assuming that the fact is different. In cases where the court must determine whether a standard has been reached, such as whether a defendant has been negligent, the court frequently uses the legal fiction of the " reasonable man". This is known as the " objective test", and is far more common than the "subjective test" where the court seeks the viewpoint of the parties (or "subjects"). Sometimes, the court may apply a "mixed test", as in the House of Lords' decision in '' DPP v Camplin'' 1978. Legal fictions are different from legal presumptions which assume a certain state of facts until ... [...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 late 5th to the late 15th centuries, similar 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 centralized 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—most recently part of the Ea ... [...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 ''Frederick the Second, 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. Career Early life and education Kantorowicz was born in Poznań, 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 served as an officer in the German Imperial Army, German Army for four years in World War I. After the war, he matriculated at the University of Berlin to study economics, at one point also joining a Freikorps, right-wing militia that fought against Polish forces in the Greater P ... [...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 Ott ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Teutons
The Teutons ( la, Teutones, , grc, Τεύτονες) 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. Julius Caesar described them as a Germanic people, a term he applied to all northern peoples located east of the Rhine, and later Roman authors followed him. On one hand, there is no direct evidence that they spoke a Germanic language, and evidence such as their name, and the names of their rulers, indicates at least 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 Celtic languages. Name The ethnonym is attested in Latin as ''Teutonēs'' or ''Teutoni'' (plural) or, more rarely, as ''T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''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 fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Official
An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their superior and/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 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 ''official'' (12th century), from t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Digest (Roman Law)
The ''Digest'', also known as the Pandects ( la, Digesta seu Pandectae, adapted from grc, πανδέκτης , "all-containing"), is a name given to 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, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
