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Talk:Law/Archive 3

Source šŸ“

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inevitably happens is that each person who reads it feels compelled to distinguish their own country's law to maintain balance. This usually results in a terrible mess. Much of the rewrite of the article was with a view to remove concrete examples and move them into more confined articles. My doubts about removal of the "sources of law" section are based on the possibility that there may be substantial content to put in the section that does not include pure lists of examples. However, I can't think of what that content would be. As a compromise, I would propose to put a mention of possible sources of law somewhere in the lead-in or else in the beginning of the "legal traditions" section. Perhaps somethings like: "The laws of each legal tradition are typically derived from any number of sources including a
233:"branches of law" list went Employment Law, English Law, French Law, Land Law, US Federal Law, it would be patently ridiculous. To a limited extent, the notion of law being both all-encompassing and simultaneously compartmentalisable into discrete units as "branches", differentiated by subject matter, is not strictly neutral as between different legal traditions: most uncodified common law legal systems would not have such pretensions ... but at least this offsets the Anglocentrism of the rest of the article! 31: 529:, where respect for persons and groups stems from fear of the disproportionate revenge they may exact if their person, property, or prerogatives are not respected. Cultures of law must be maintained. They can be eroded by declining respect for the law, achieved either by weak government unable to wield its authority, or by burdensome restrictions that attempt to forbid behaviour prevalent in the culture or in some 626:
each country has their own variation on the sources of law. Consequently, the "source of law" should likely be mentioned within either the legal tradition and probably not in this page. I'm not very comfortable with the idea of listing, say, five different sources of law and then saying "some countries use certain of these sources while others don't". It's cleaner just to leave it out.
318:; but other words could be used) perspective about law. The former one is Ā«sociologicalĀ» (there we talk about a kind of interactions and social processes), the latter is Ā«legalĀ» (here we say, for instance, that law is a set of norms). These are really different things. Law sociologists and lawyers don't talk about the same when they say Ā«lawĀ». 323:
categories around which to structure the article, so I guess they have a head start. More importantly, German wikipedia has these portals, and so all those lists of this and lists of that which make up so much of the English article are not present, simplifying the picture. I think they should be split off in the English page too.
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within particular legal systems). At any rate, the user in question was subsequently accused of being some sort of troublemaker and his/her account suspended, and I'd like to now propose the reversal of his/her unannounced major change to the article, and remove the conflation of legal systems and "branches" of law.
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The need for revenge, coupled with the need of lawyers to become wealthy, as well as perceptions of highly-paid judges (most of whom have no idea what a thousand dollars means to the average person) works together to escalate settlements to 5 to 10 times what the average person would think reasonable
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and finding the questions and reasoning that were being put forth by this user to be confused and confusing. I think straightening this out is a good idea and I thought about that too, but did not want to seem to autocratic about it being just one person making the suggestion. SB also made a bunch of
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Legal systems should probably have its own article, now that it has been reseparated from branches of law. Branches of law should be integrated instead with the huge list of legal subject areas. As "branches of law, a sampling", it even admits it's not comprehensive, which invites the question of why
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The opening definition of law makes the claim that law is often referred to as a "human legal code" when contrasted with physical laws and so on. According to Google, this claim is simply false. The phrase "human legal code" only appears twice on Google once Knowledge content is excluded, and in both
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I appreciate everyone bearing with me. Iā€™ve removed quite a bit of older material, but much of it has only been relocated so hopefully not much has been lost. My accuracy with some of the facts may be leave something to be desired, but I think the new layout is much more sound than it ever was. Any
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I've removed the whole section originally entitled "discussion". It reads like an essay, it mixes opinion with philosophy with fact, all using very vague generalizations. It's really hard to get a sense of what law in the world looks like. In all, it's not appropriate for an encycopedia. Here it is
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I find it somewhat disturbing that in this article, the word "litigation" does not appear. I'm sure it has a place somewhere in this article, as it has a fundamental place in the law. After some digging around, I've found that Knowledge redirects queries about "litigation" to "civil law". I know
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Well, I'm not sure I'd start with Ulpian, and certainly not with GaiusĀ ;), but this page does need a much better structure. A look at the German and Dutch pages on Law is instructive. These people are basically writing about a Germanic or Romanistic conception of law, which purportedly affords easy
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It's difficult to say. To me, its meaning is entirely dependant on what "law" you are talking about. I removed the section by that name in this article because it was confusing as to who used which "source". The fact of the matter is, each tradition has their own "source", or even more precisely,
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This article is in a real poor state. I'm hoping to do some major editing soon. My major thought it to make it broader in scope. Too much of the article right now is about to north american legal practices and there is not enough about the meaning of "law". If you'd like to discuss it, please do.
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Back in April a user called Shino Baku (or similar) initiated a series of edits, one of whose effects was to combine the section on legal systems with that on "branches" of law. One of the effects of this was to conflate the various meanings of "civil law" (as a legal system and as a body of law
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A link to Condominium law does not belong on this page, if anything it is something that should appear in an article about real property, and then if the content merits a separate page that page should be written. I will leave this comment here for a few days, if no one objects I will remove the
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I'm unaware of any legal system in this world that is both just and fair (or either), and that does not achieve its effect from instilling a fear of revenge. In North America, for example, fear of revenge of people with physical power has been largely replaced by fear of revenge of people with
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Of course, we should prefer "the change was a bad one" to "the change was made by a bad user" as our reason for reversal. My reasons would be that legal systems and areas of law are effectively orthogonal: the legal system of each country will probably cover each of these areas of law; if the
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Though I have doubts about excluding the section, (in a large part because the source of law it seems worth mentioning somewhere) I still remain sceptical about the section and especially the old version. The previous one consisted almost entirely of examples from select countries, and what
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It has a huge paragraph disambiguating law from physics instead of an introduction, four or so sub-articles which don't fit together and contradict each other, and then a six or so lists of links. The lists of links (legal systems, "branches" of law, and so on) get decreasingly wordy and
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Probably not on this page, agreed, but it could go under property (or real estate) law, which doens't seem to have a link. I am afraid condo law may degenerate into condo rules not actual law, if careful distinction isn't made. But there is still enough law about condos for an article.
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the list of areas of law is not comprehensive, but it would be beneficial to anyone who is reading the article to be able to quickly associate litigation with civil law. Can anyone find a comfortable niche for the word, or supply an adequate reason for its absence? Thanks!
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Most laws and legal systemsā€”at least in the Western worldā€”are quite similar in their essential themes, arising from similar values and similar social, economic, and political conditions, and they typically differ less in their substantive content than in their
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of law, people must dwell in a society where a government exists whose authority is hard to evade and generally recognised as legitimate. People take their grievances before the government and its agents, who arbitrate disputes and enforce penalties.
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At any rate, reverting to the status quo ante the Shino Baku change would be a major reorganisation, and one which perhaps ought to be done in combination with a shakedown between the current competition between "law" and "the law" in the article.
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One of the fundamental similarities across different legal systems is that, to be of general approval and observation, a law has to appear to be public, effective, and legitimate, in the sense that it has to be available to the knowledge of the
184:"In ethics and moral philosophy this type of law is often called a "human legal code" to distinguish it from more fundamental laws applicable to all beings (metaphysics, ontology). Such a body of laws can be seen as a legally-enforced 154:
Effectively, no-one has responded to this complaint, nor has anyone materially objected as some of the above recommendations were implemented. Six months having now elapsed, I propose to carry out the remainder of the recommendations.
140:"Codification of law" seems like someone's attempt to put a subject heading on "law as codification", and should be at the most renamed. It manages to get in a definition of what law is, which would do better in the introduction. 370:
describing the dominant legal systems of the world and the locations where they are practiced. The articles and accompanying map were particularly illustrative. This article could benefit from this sort of info. Any takers? --
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Having thought it over, perhaps a "sources of law" section wouldn't be totally out of line. I still have a lot of reservations about it, but if someone can make it less western-centric than the old one, I could be convinced.
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cases, where the amount is 20 to 50 times higher, due to the perceptions of those in the "posturing profession" of law, whose egos are so sensitive that a slight bruise (deserved or not) is equated with the loss of a limb.
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in which those people or organizations with more money can destroy the lives of those with less, in order to simultaneously vindicate their egos, exact revenge, and make even more money. This is even more effective than a
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each produce their own laws, though the extent to which law is centralized varies. Thus, at any one place there can be conflicting laws in force at the local, regional, state, national, or international levels. (See
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Law as an academic discipline is far too long for a general article about law as a social phenomenon, and the details of what your qualification is abbreviated to in Canada are totally out of place.
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In North America, laws are based on the indoctrinated views of the legal establishment, under the pretence of representing the people's wishes. The primary tool through which they are enforced is
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This sentence is definetly a good beginning. The 'sources of law by country' is useful, if only as an addition to a more general article/section (I came here after creating an article on
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It is a commonplace that many laws have only a regulative content and are essentially divorced from both ethics and morals (although a moral and ethical duty to obey the law remains).
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in common places or means, it needs to contain instruments to grant its application, and it has to be issued under given formal procedures from a recognized authority.
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There is currently an interesting VfD going on in relation to a 60-lawyer law firm. What is at stake is whether this law firm is notable. Your opinion is welcome,
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I agree that this article just isn't well. I have been reading some of the equivalent articles in other Wikipedias (in other languages) and they seem much better.
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where "respect for persons and groups stems from fear of the revenge they may exact if their person, property, or prerogatives are not respected."
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There having been no objection here for three months, I have carried out the proposed change, separating legal systems from "branches" of law.
563:, and the collective body of laws relating to one subject or emanating from one source are usually identified by specific reference. (E.g., 115:
As someone else has suggested, jurisprudence wants its own article (and of course, already has one!), so we should get rid of that section.
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of the society. When a culture of law declines, there is a possibility that an undesirable culture of honor will arise in its place.
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cases the phrase is not used as a term of art, but in some sort of discussion about the divine authorship of the Old Testament.
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I think this article could use more description on the spectrum of legal systems around the world. I was reading a webpage
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It would be hepful to put here a collection of different definitions of law by different authors. Perhaps starting with
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or community adopts a specific set of laws to regulate the behavior of its own members, to order life in its political
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I feel somewhat guilt about neglecting this article. It seems to have deteriorated considerably. I note the following:
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some subject matter areas get their own paragraph and others are relegated to the list of links in the next section.
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Perhaps you could move here the text you removed from the article, and we can work on this to make it better?--
422:, the law is an ordinance of reason for the common good, promulgated by him who has the care of the community. 304:
This article should start by saying that one of the problems in law is that nobody agrees on how to define it.
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Another important point would be to make a distinction between an Ā«externalĀ» and an Ā«internalĀ» (following
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I note also the development of a jurisprudence section which probably should be moved and developed at
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I removed the following two external links as they were not about the broader subject of law. --
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and privileges of its citizens and other people who may come under the jurisdiction of its
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jurisdictions, rulings by judges are an important additional source of legal rules; within
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has its own set of laws and its own legal system. Individually codified laws are known as
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loopholes that get around the notion of reasonable doubt, while others are coerced into
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according to the article, provides an outcome that is "just and fair." Furthermore, a
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laws also come into existence through custom and also tradition. (See generally
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comments on what more is needed or what should be put back in would be welcome.
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In the context of most legal systems, laws are enacted through the processes of
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If you wish to start a new discussion or revive an old one, please do so on the
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As mentioned in the archived discussion pages, this article is a real mess.
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It might be helpful if anyone could give an example of a place where
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and procedures. Communication between legal systems is the focus of
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There are several distinct laws and legal traditions, and each
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other edits to law related articles that were problematic.
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TO long should we put a notice on wikipedia main pageĀ ?
495:is often quite equivalent to common law precedent. 525:This behaviour is contrasted with the culture of 438:, which deals with the principles of producing a 164:sentence of condo law to the real property page. 414:for those who might be able to save some of it: 677:." Any further suggestions would be welcome. - 575:.) Moreover, the several different levels of 136:part done - legal systems now has own article 748:For example, some people are coerced into 485:jurisdictions, rulings do not constitute 103:comprehensive as the article progresses. 14: 44:Do not edit the contents of this page. 696:Piotr Konieczny aka Prokonsul Piotrus 647:Piotr Konieczny aka Prokonsul Piotrus 615:Piotr Konieczny aka Prokonsul Piotrus 284:http://AttorneysLawyersLawFirms.com/ 25: 690:, a Polish source of law, see also 23: 586:Preemption of State and Local Laws 279:http://www.medicalmalpractice.com/ 24: 792: 491:for the future, but in practice, 29: 517:dimension. In order to have a 544:, to grant or acknowledge the 13: 1: 782:08:14, 16 December 2005 (UTC) 761:which merely exacts revenge. 701:19:28, 16 December 2005 (UTC) 682:13:56, 13 December 2005 (UTC) 652:04:24, 13 December 2005 (UTC) 641:02:23, 13 December 2005 (UTC) 631:12:44, 12 December 2005 (UTC) 620:06:05, 12 December 2005 (UTC) 598:00:45, 11 December 2005 (UTC) 394:22:20, 27 November 2005 (UTC) 736:is practiced, as opposed to 409:03:39, 9 December 2005 (UTC) 376:17:04, 30 October 2005 (UTC) 219:I remember interacting with 7: 552:, and to resolve disputes. 10: 797: 363:Legal systems of the world 359:09:15, May 29, 2005 (UTC) 255:to edit the law sidebar. - 248:19:00, 10 Apr 2004 (UTC)~ 754:out-of-court settlements, 343:20:38, 22 Mar 2005 (UTC) 330:19:23, 12 Jan 2005 (UTC) 266:08:55, 12 Mar 2004 (UTC) 215:09:08, 3 Oct 2003 (UTC)~ 206:14:14, 24 Sep 2003 (UTC) 159:19:19, 12 Jan 2005 (UTC) 151:19:48, 17 Jul 2004 (UTC) 777:would be more accurate? 609:Any idea where this and 459:constitutional amendment 274:01:49, 2004 Jun 6 (UTC) 241:18:12, 4 Oct 2003 (UTC) 168:15:19, 6 Aug 2003 (UTC) 297:Definitions in the mess 228:00:31, 4 Oct 2003 (UTC) 177:16:00, 6 Aug 2003 (UTC) 590: 455:constitutional charter 416: 42:of past discussions. 775:culture of dishonour 759:culture of honour, 727:culture of honour, 613:should redirect?-- 504:Consuetudinary law 436:legal lexicography 420:St. Thomas Aquinas 385:would you like to 725:contrasts with a 432:legal translation 389:this article? -- 347:Notable law firm? 265: 188:or as a "secular 111:is this done yet? 92: 91: 54: 53: 48:current talk page 788: 582:conflict of laws 261: 73: 56: 55: 33: 32: 26: 796: 795: 791: 790: 789: 787: 786: 785: 715: 679:PullUpYourSocks 638:PullUpYourSocks 628:PullUpYourSocks 607: 595:PullUpYourSocks 515:anthropological 467:executive order 406:PullUpYourSocks 401: 383: 373:PullUpYourSocks 365: 349: 336: 331: 299: 259: 221:User:Shino Baku 97: 69: 30: 22: 21: 20: 12: 11: 5: 794: 750:plea bargains, 723:culture of law 714: 713:Just and Fair? 711: 710: 709: 708: 707: 706: 705: 704: 703: 688:Dziennik Ustaw 633: 606: 604:Sources of law 601: 440:law dictionary 400: 397: 382: 379: 364: 361: 348: 345: 335: 332: 326: 325: 324: 298: 295: 288: 287: 286: 281: 268: 257: 230: 229: 209: 179: 178: 161: 146: 145: 138: 137: 129: 128: 121: 120: 113: 112: 96: 93: 90: 89: 84: 79: 74: 67: 62: 52: 51: 34: 15: 9: 6: 4: 3: 2: 793: 784: 783: 780: 779:24.64.223.203 776: 771: 768: 762: 760: 755: 751: 747: 742: 739: 735: 730: 728: 724: 720: 702: 699: 697: 693: 689: 685: 684: 683: 680: 676: 672: 668: 664: 660: 655: 654: 653: 650: 648: 644: 643: 642: 639: 634: 632: 629: 624: 623: 622: 621: 618: 616: 612: 611:source of law 605: 600: 599: 596: 589: 587: 583: 578: 574: 570: 566: 562: 558: 553: 551: 547: 543: 539: 536:A particular 534: 532: 528: 523: 520: 516: 511: 509: 508:Anarchist law 505: 501: 496: 494: 493:jurisprudence 490: 489: 484: 480: 476: 472: 468: 464: 460: 456: 451: 449: 443: 441: 437: 433: 429: 423: 421: 418:According to 415: 411: 410: 407: 396: 395: 392: 388: 378: 377: 374: 369: 360: 358: 354: 344: 342: 329: 321: 320: 319: 317: 312: 310: 305: 302: 294: 293: 285: 282: 280: 277: 276: 275: 273: 267: 264: 260: 254: 253:Mediawiki:law 249: 247: 242: 240: 234: 227: 222: 218: 217: 216: 214: 207: 205: 201: 200:jurisprudence 196: 193: 191: 187: 182: 176: 171: 170: 169: 167: 160: 158: 152: 150: 143: 142: 141: 135: 134: 133: 126: 125: 124: 118: 117: 116: 110: 109: 108: 104: 100: 88: 85: 83: 80: 78: 75: 72: 68: 66: 63: 61: 58: 57: 49: 45: 41: 40: 35: 28: 27: 19: 774: 772: 766: 765:- except in 763: 758: 753: 749: 745: 743: 737: 733: 731: 726: 722: 718: 716: 692:promulgation 659:constitution 608: 591: 573:Criminal law 557:jurisdiction 554: 535: 524: 512: 499: 497: 486: 475:adjudication 452: 444: 424: 417: 412: 402: 384: 366: 355:. Thanks. -- 350: 337: 316:Herbert_Hart 313: 306: 303: 300: 289: 269: 250: 243: 235: 231: 208: 197: 194: 186:ethical code 183: 180: 162: 153: 147: 144:not done yet 139: 130: 122: 114: 105: 101: 98: 70: 43: 37: 717:I see that 513:Law has an 463:legislation 381:publication 334:Litigation? 204:Fred Bauder 36:This is an 767:defamation 577:government 569:Common law 531:subculture 479:common law 471:rulemaking 190:moral code 95:first talk 746:coercion. 565:Roman law 542:territory 498:However, 483:civil law 477:. Within 87:ArchiveĀ 6 82:ArchiveĀ 5 77:ArchiveĀ 4 71:ArchiveĀ 3 65:ArchiveĀ 2 60:ArchiveĀ 1 773:Perhaps 671:case law 561:statutes 500:de facto 399:Clean up 357:Edcolins 292:Paladine 175:Rmhermen 18:Talk:Law 741:money. 738:honour. 663:statute 538:society 519:culture 488:de jure 448:citizen 387:publish 341:Zephlon 226:Alex756 166:Alex756 39:archive 675:custom 571:, and 550:courts 546:rights 473:, and 428:jargon 391:Zondor 309:Ulpian 272:Zigger 263:(talk) 673:, or 527:honor 328:Mk270 246:Mk270 239:Mk270 213:Mk270 157:Mk270 149:Mk270 16:< 719:law, 694:).-- 667:code 434:and 353:here 311:... 251:See 127:done 119:done 734:law 588:.) 510:.) 669:, 665:, 661:, 584:, 567:, 506:; 469:, 465:, 461:, 457:, 442:. 404:-- 258:SV 202:. 50:.

Index

Talk:Law
archive
current talk page
ArchiveĀ 1
ArchiveĀ 2
ArchiveĀ 3
ArchiveĀ 4
ArchiveĀ 5
ArchiveĀ 6
Mk270
Mk270
Alex756
Rmhermen
ethical code
moral code
jurisprudence
Fred Bauder
Mk270
User:Shino Baku
Alex756
Mk270
Mk270
Mediawiki:law
SV
(talk)
Zigger
http://www.medicalmalpractice.com/
http://AttorneysLawyersLawFirms.com/
Paladine
Ulpian

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