sanctions (law)
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Sanctions, in
law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its boundari ...
and legal definition, are penalties or other means of enforcement used to provide incentives for obedience with the
law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its boundari ...
, or with rules and
regulation Regulation is the management of complex systems A complex system is a system composed of many components which may interaction, interact with each other. Examples of complex systems are Earth's global climate, organisms, the human brain, infras ...

regulation
s. Criminal sanctions can take the form of serious
punishment Punishment, commonly, is the imposition of an undesirable or outcome upon a group or individual, meted out by an —in contexts ranging from to —as a response and deterrent to a particular action or that is deemed undesirable or unacceptab ...

punishment
, such as
corporal Corporal is a military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare War is an intense armed conflict between State (polity), states, governments, ...
or
capital punishment Capital punishment, also known as the death penalty, is the State (polity), state-sanctioned killing of a person as punishment for a crime. The sentence (law), sentence ordering that someone is punished with the death penalty is called a de ...

capital punishment
,
incarceration Imprisonment (from , via French French (french: français(e), link=no) may refer to: * Something of, from, or related to France France (), officially the French Republic (french: link=no, République française), is a country primarily lo ...
, or severe fines. Within the context of
civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United ...
, sanctions are usually monetary fines, levied against a party to a
lawsuit A lawsuit is a proceeding by a party or parties against another in the civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit *Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil ...
or their attorney, for violating rules of procedure, or for abusing the
judicial process Legal process (sometimes simply process) is any formal notice Notice is the legal concept describing a requirement that a party (law), party be aware of legal process affecting their rights, obligations or duties. There are several types of not ...
. The most severe sanction in a civil lawsuit is the
involuntary dismissal Involuntary dismissal is the termination of a court case despite the plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit A lawsuit is a proceeding by a party or parties against another in the civil court ...
,
with prejudice ''With Prejudice'' is a 1983 Australian film directed by Esben Storm and starring Terry Serio Terry Serio is an Australian actor, director, musician and singer-songwriter. He has played recurring roles in several television series, including '' ...
, of a complaining party's
cause of action A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money, property, or the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brin ...
, or of the responding party's answer. This has the effect of deciding the entire action against the sanctioned party without recourse, except to the degree that an
appeal In law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described ...
or trial ''de novo'' may be allowed because of
reversible error In United States law, a reversible error is an error of sufficient gravity to warrant reversal of a Judgment (law), judgment on appeal. It is an error by the trier of law (judge), or the trier of fact (the jury, or the judge if it is a bench trial ...
. As a noun, the term is usually used in the plural form, even if it only refers to a single event: if a
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a Judicial panel, panel of judges. A judge hears all the witnesses and any other Evidence (law), evidence presented by the barristers or s ...

judge
fines a party, it is not said that they imposed a sanction, but that they imposed sanctions. A judge may sanction a party during a legal proceeding, by which it is implied that they impose penalties. In the
United States federal court system The federal judiciary of the United States is one of the three branches of the federal government of the United States The federal government of the United States (U.S. federal government) is the Federation#Federal governments, national g ...
, certain types of conduct are sanctionable under Rule 11 of the
Federal Rules of Civil Procedure The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure Civil procedure is the body of law Law is a system A system is a group of Interaction, interacting or interrelated ...
. Conversely and sometimes confusingly, the word may be used to imply "approve of," especially in an official sense. "The law sanctions such behavior" would imply that the behavior spoken of enjoys the specific approval of law. To sanction implies make a legal agreement. The word is derived from sanctus, to make holy. A legal agreement or sanction imposes approvals, rules, guidelines and penalties on conduct.


References


Bibliography

* Herbert L. A. Hart, ''The Concept of Law'', Oxford University Press, London, 1961; * Gerd Spittler, ''Norm und Sanktion. Untersuchungen zum Sanktionsmechanismus'', Walter, Olten-Freiburg, 1967; *
Norberto Bobbio Norberto Bobbio (; 18 October 1909 – 9 January 2004) was an Italian philosopher of law and political science Political science is the scientific study of politics. It is a social science dealing with systems of governance and power, and ...
, ''Sanzione'', Novissimo Digesto, UTET, Torino, XVI, Torino, 1969, 530-540; * Niklas Luhmann, ''Rechtssoziologie'', Rowohlt, Reinbek bei Hamburg, 1972; * Ota Weinberger, ''Der Sanktionsbegriff und die pragmatische Auswirkung gesellschaftlicher Normen'', in H. Lenk, Hrsg., Normenlogik, Verlag Dokumentation, Pullach bei München, 1974, 89-111; * Lawrence M. Friedman, ''The Legal System. A Social Science Perspective'', Russel Sage Foundation, New York, 1975; * Norberto Bobbio, ''Dalla struttura alla funzione. Nuovi studi di teoria del diritto'', Comunità, Milano, 1977; * Vilhelm Aubert, ''On Sanctions'', in “European Yearbook in Law and Sociology”, 1977, 1-19; * H. Kelsen, ''Allgemeine Theorie der Normen'', Manzsche Verlags- und Universitätsbuchhandlung, Wien, 1979; * F. D’Agnostino, ''Sanzione'', "Enciclopedia del diritto", XLI, Giuffrè, Milano, 1989, 303-328; * Ota Weinbeger, ''Rechtslogik'', Duncker & Humblot, Berlin, 1989; * Charles-Albert Morand, ''Sanction'', “Archives de Philosophie du droit”, XXXV, 1990, 293-312; * Heike Jung, ''Sanktionensysteme und Menschenrechte'', Haupt, Bern-Stuttgart-Wien, 1992; * Juan Carlos Bayon, ''Sanction'', Dictionnaire encyclopédique de théorie et de sociologie du droit, L.G.D.J., Paris, 1993, 536-540; * Realino Marra, ''Sanzione'', "Digesto delle discipline privatistiche. Sezione civile", UTET, Torino, XVIII, 1998, 153-61. {{Authority control Judiciaries Legal procedure Punishments International sanctions,