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All
legal systems deal with the same basic issues, but each country
categorizes and identifies its legal subjects in different ways. A
common distinction is that between "public law" (a term related
closely to the state, and including constitutional, administrative
and criminal law), and "private law" (which covers contract, tort
and property). In civil law systems, contract and tort fall under a
general law of obligations, while trusts law is dealt with under
statutory regimes or international conventions. International,
constitutional and administrative law, criminal law, contract, tort,
property law and trusts are regarded as the "traditional core
subjects”, although there are many further disciplines which may be
of greater practical importance.
The great end, for which men entered into society, was to secure
their property. That right is preserved sacred and incommunicable in
all instances, where it has not been taken away or abridged by some
public law for the good of the whole ... If no excuse can be found
or produced, the silence of the books is an authority against the
defendant, and the plaintiff must have judgment
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Law
is a system of rules, usually enforced through a set of
institutions. Laws can shape or reflect politics, economics and
society in numerous ways and serves as a primary social mediator of
relations between people.
Contract law regulates everything from buying a bus ticket to
trading on derivatives markets. Property law defines rights and
obligations related to the transfer and title of personal (often
referred to as chattel) and real property. Trust law applies to
assets held for investment and financial security, while tort law
allows claims for compensation if a person's rights or property are
harmed.
If the harm is criminalized in a statute, criminal law offers means
by which the state can prosecute the perpetrator. Constitutional law
provides a framework for the creation of law, the protection of
human rights and the election of political representatives.
Administrative law is used to review the decisions of government
agencies, while international law governs affairs between sovereign
nation states in activities ranging from trade to environmental
regulation or military action. Writing in 350 BC, the Greek
philosopher Aristotle declared, "The rule of law is better than the
rule of any individual.
Legal systems elaborate rights and responsibilities in a variety of
ways. A general distinction can be made between civil law
jurisdictions, which codify their laws, and common law systems,
where judge made law is not consolidated. In some countries,
religion informs the law. Law provides a rich source of scholarly
inquiry, into legal history, philosophy, economic analysis or
sociology. Law also raises important and complex issues concerning
equality, fairness and justice. "In its majestic equality", said the
author Anatolia France in 1894, "the law forbids rich and poor alike
to sleep under bridges, beg in the streets and steal loaves of
bread.
In a typical democracy, the central institutions for interpreting
and creating law are the three main branches of government, namely
an impartial judiciary, a democratic legislature, and an accountable
executive. To implement and enforce the law and provide services to
the public, a government's bureaucracy, the military and police are
vital. While all these organs of the state are creatures created and
bound by law, an independent legal profession and a vibrant civil
society inform and support their progress.
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