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Lady Justice, often used as a personification of the law, holding a sword in one hand and scales in the other.

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 art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.

Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law.

The scope of law can be divided into two domains: public law concerns government and society, including constitutional law, administrative law, and criminal law; while private law deals with legal disputes between parties in areas such as contracts, property, torts, delicts and commercial law. This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts; by contrast, the public-private law divide is less pronounced in common law jurisdictions. (Full article...)

Selected article

Insanity in English law is a defence to criminal charges based on the idea that the defendant was unable to understand what he was doing, or, that he was unable to understand that what he was doing was wrong.

The defence comes in two forms; where the defendant claims he was insane at the time of the crime, and where the defendant asserts he is insane at the time of trial. In the first situation, the defendant must show that he was either suffering from a disease which damaged the functioning of the mind and led to a defect of reason that prevented him from understanding what he was doing, or that he could not tell that what he was doing was wrong. In the second situation, the test is whether or not the defendant can differentiate between "guilty" and "not guilty" verdicts, instruct counsel and recognise the charges he is facing. If successful, he is likely to be detained under the Criminal Procedure (Insanity) Act 1964, although judges have a wide discretion as to what to do.

Use of insanity as a concept dates from 1324, and its criminal application was used until the late 16th century in an almost identical way. The defence, if successful, either allowed the defendant to return home or led to him being incarcerated until he was granted a royal pardon; after 1542, a defendant who became insane prior to the trial could not be tried for any crime, up to and including high treason. During the 18th century the test to determine insanity became extremely narrow, with defendants required to prove that they could not distinguish between good and evil and that they suffered from a mental disease which made them incapable of understanding the consequences of their actions. The current wording comes from the M'Naghten Rules, based on the trial of Daniel M'Naghten in 1843. (Full article...)

Selected biography

Sir Aubrey Melford Steed Stevenson, PC (17 October 1902 – 26 December 1987), usually known as Sir Melford Stevenson, was an English barrister and, later, a High Court judge, whose judicial career was marked by his controversial conduct and outspoken views.

After establishing a legal career in the field of insolvency, Stevenson served during the Second World War as a Deputy Judge Advocate General of the Armed Forces. He was subsequently Judge Advocate at the 1945 war crimes trial of former personnel of the German submarine U-852 for their actions in what became known as the Peleus affair. In 1954 Stevenson represented the government of British Kenya during Jomo Kenyatta's unsuccessful appeal against his conviction for membership of the rebel organisation Mau Mau. Later that year he represented the litigants in the Crichel Down affair, which led to changes in the law on compulsory purchase. In 1955 he defended Ruth Ellis, the last woman to be executed for murder in the United Kingdom. He was deeply distressed by the execution of Ellis, for whom there had been no defence in law, but whom Home Secretary Gwilym Lloyd George was expected to reprieve. Two years later, Stevenson took part in the unsuccessful prosecution of John Bodkin Adams for the murder of Edith Alice Morrell.

Stevenson became a High Court judge in 1957, and acquired a reputation for severity in sentencing. He sentenced the Kray twins to life imprisonment in 1969, with a recommendation that they serve not less than 30 years each. In 1970 Stevenson passed long sentences on eight Cambridge University students who took part in the Garden House riot, and the following year gave Jake Prescott of the Angry Brigade 15 years for conspiracy to cause explosions.

One of his fellow judges, Sir Robin Dunn, described him as "the worst judge since the war". After Dunn's attack, several high-profile legal figures came to Stevenson's defence, among them fellow judge and biographer Lord Roskill, who pointed out that Stevenson could be merciful to those he regarded as victims. Lord Devlin described Stevenson as the "last of the grand eccentrics". Mr Justice Stevenson retired from the bench in 1979 aged 76, and died at St Leonards in East Sussex on 26 December 1987. (Full article...)

Selected statute

A statute is a formal written enactment of a legislative body, a stage in the process of legislation. Typically, statutes command or prohibit something, or declare policy. Statutes are laws made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, regulations issued by government agencies, and oral or customary law.[better source needed] Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...)


The illustration depicts Edward II, seated on a throne and with a sceptre in his left hand, receiving his crown. His left hand is raised to the crown already on his head.

The Ordinances of 1311 (The New Ordinances, Norman: Les noveles Ordenances) were a series of regulations imposed upon King Edward II by the peerage and clergy of the Kingdom of England to restrict the power of the English monarch. The twenty-one signatories of the Ordinances are referred to as the Lords Ordainers, or simply the Ordainers. English setbacks in the Scottish war, combined with perceived extortionate royal fiscal policies, set the background for the writing of the Ordinances in which the administrative prerogatives of the king were largely appropriated by a baronial council. The Ordinances reflect the Provisions of Oxford and the Provisions of Westminster from the late 1250s, but unlike the Provisions, the Ordinances featured a new concern with fiscal reform, specifically redirecting revenues from the king's household to the exchequer.

Just as instrumental to their conception were other issues, particularly discontent with the king's favourite, Piers Gaveston, whom the barons subsequently banished from the realm. Edward II accepted the Ordinances only under coercion, and a long struggle for their repeal ensued that did not end until Earl Thomas of Lancaster, the leader of the Ordainers, was executed in 1322. (Full article...)

Did you know...

Red dresses representing missing and murdered Indigenous women.

  • ... that after the death of Olaseni Lewis, who was restrained by 11 police officers, UK law was changed to require police to wear body cameras when dealing with vulnerable people?

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Selected case

Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (Full article...)


Coat of arms of Australia

Al-Kateb v Godwin, was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a stateless person was lawful. The case concerned Ahmed Al-Kateb, a Palestinian man born in Kuwait, who moved to Australia in 2000 and applied for a temporary protection visa. The Commonwealth Minister for Immigration's decision to refuse the application was upheld by the Refugee Review Tribunal and the Federal Court. In 2002, Al-Kateb declared that he wished to return to Kuwait or Gaza. However, since no country would accept Al-Kateb, he was declared stateless and detained under the policy of mandatory detention.

The two main issues considered by the High Court were whether the Migration Act 1958 (the legislation governing immigration to Australia) permitted a person in Al-Kateb's situation to be detained indefinitely, and if so, whether this was permissible under the Constitution of Australia. A majority of the court decided that the Act did allow indefinite detention, and that the Act was not unconstitutional.

The controversy surrounding the outcome of the case resulted in a review of the circumstances of twenty-four stateless people in immigration detention. Al-Kateb and 8 other stateless people were granted bridging visas in 2005 and while this meant they were released from detention, they were unable to work, study or obtain various government benefits. Al-Kateb was granted a permanent visa in October 2007. (Full article...)

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