A written and accessible code of behavior which is enforced by a powerful entity (almost always a state actor). Part of this code includes the entities responsible for maintaining and interpreting the written statutes, the punishments that can be applied in the case of the violation of the stated ...

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4
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1answer
81 views

Did the U.S Constitution revoke or merely amend the the Articles of Confederation?

This may seem like a silly question, but I only ask because of a U.S. Supreme Court case that actually cited the Articles of Confederation. After the civil war, there is this case called ...
6
votes
1answer
322 views

Were there historical examples of “citizen's arrest” concept in history independent of British common law?

I know that the concept of "citizen's arrest" in USA originated from British common law. It seems that in a lot of countries listed in Wiki are ones that have the same origin of that law, since they ...
-1
votes
0answers
12 views

What steps have legal/regulatory systems taken to make outsourcing/offshoring MORE attractive? [closed]

A little bit of background on how I'm thinking about outsourcing and offshoring. First, it is my belief that outsourcing and offshoring are "positive" trends in terms of market utility. Their primary ...
2
votes
2answers
103 views

What if a slave entered a state without slavery?

I was told that a slave entering a sovereign state that has abolished slavery is automatically freed. However, I was only able to trace legal statements on this for ships travelling under the flag of ...
2
votes
2answers
188 views

What is the longest running legal case?

The Black Hills Lands Claim is an ongoing land dispute between the US Government and The Sioux Nation. The treaty of Fort Laramie protected the hills from white settlement, but the discovery of gold ...
11
votes
6answers
1k views

What does it mean that the early supreme court “gave themselves” the power of judicial review?

I'm watching the "Crash Course: American History" youtube series, and I like, it, but it obviously skips over a ton because it's packing decades at a time into 10 minutes. So he just (briefly) ...
7
votes
2answers
917 views

What did the word 'unconstitutional' mean to Americans prior to the Revolution?

I'm reading about the Townshend Acts on Wikipedia, and it says that the American colonists rejected any taxation because it was unconstitutional. Were they referring to a specific document, like the ...
7
votes
3answers
244 views

When did hanging emerge as a form of capital punishment?

As the title has it: when did hanging emerge as a form of legal execution? The Wikipedia article (linked) has nothing to say about this. I've done the best I can with a search in Google Scholar, but ...
-1
votes
2answers
241 views

Does prohibition of polygamy always correlate well with democracy? [closed]

There are only 2 countries in the Middle East where polygamy is illegal: Israel and Turkey. There are only 2 countries in the Middle East that are true democracies: Israel and Turkey. Lebanon is ...
2
votes
6answers
246 views

How Did The US Justice System Lose Sight of Intent? [closed]

In the USA all that seems to matter is the letter of the law. This example demonstrates how a US law is being used for things it was never intended. The British Justice System places a huge emphasis ...
29
votes
14answers
7k views

Was the secession of the Confederate states illegal?

Putting aside their reasons for wanting to do so and all the emotional responses they would provoke, was the secession of states from the Union to eventually form the Confederacy an illegal act in ...
2
votes
1answer
126 views

Death of a Jane or John doe [closed]

I enjoy watching cop dramas and in The Closer (Season 1, Episode 12), a criminal might be exonerated because authorities mis-identified the body of a victim. In American legal history has anyone been ...
1
vote
0answers
106 views

Is this character based on a real person?

In the 2014 historical novel Natchez Burning, by Greg Iles, chapter 29: A black Mississippian who left his native state in the early 1950s to go to law school, Quentin Avery fought on the front ...
18
votes
4answers
420 views

What were the reasons for making Prohibition a constitutional amendment?

What were the reasons that the Prohibition in the United States was passed as a constitutional amendment, rather than a normal federal law, or a set of state laws?
2
votes
3answers
143 views

Prisons and prison laws in Old Testament times?

Prisons where evidently known to Israelites quite early (see the story of Joseph). Nevertheless, I could find no legislation in the Torah on imprisonment - it seems that this form of punishment was ...
9
votes
2answers
332 views

State changing its name within the United States

In 1989 there was an initiative in North Dakota to change the state's name to simply "Dakota". Is this first time an initiative was taken for a state to change its name after becoming a state within ...
3
votes
1answer
98 views

Moving day in Paris, France in the 19th century

Is it true that rental agreements or leases in Paris France all used to start/end on the same day? I think this would have been in the mid/late 19th century or earlier. I know Quebec, Canada had a ...
9
votes
4answers
296 views

Law enforcement vs KKK

What measures (if any) did law enforcement agents take against the rise of the Ku Klux Klan in the south after the Civil War? From what I have read there seems to have been a lot of unrest in that ...
3
votes
1answer
154 views

Where is the Hindu law/instruction of Cremation?

Coming from the northern half of India, I assumed that Hindus were all cremated. In the southern half of the country, I was surprised to find many Hindu burial grounds. Subsequent searches showed many ...
2
votes
0answers
80 views

Execution at the scene of the crime under Australian law

The Criminal Law Consolidation Act Amendment Act 1971 (South Australia) removed the ability for Aboriginal murderers to be executed at the scene of the crime as allowed by the Criminal Law ...
1
vote
2answers
87 views

When did Rome recognize the Christian church as a judical person?

It is known that since Augustus new collegiums (judical persons) could be established only by the senate's decree. It is known that under the late empire the church operated as a collegium. As such, ...
7
votes
0answers
347 views

How did Rome's legal system work?

How was it decided if a case should be tried in Rome or in the province by the governor of that province? was the governor always the judge or were there exceptions? who were the lawyers? I know a lot ...
11
votes
2answers
220 views

Is 529 the largest simultanious death penalty verdict ever?

Recently Egypt made headlines by sentencing 529 people to death in a single court verdict. I've seen a lot of talk both in the media and online about this being the largest single death penalty ...
4
votes
1answer
167 views

Why did Michigan abolish capital punishment so early?

The US state of Michigan abolished the death penalty in 1846, and according to Wikipedia, was the first English-speaking government in the world to do so; the death penalty has not been reinstated ...
3
votes
1answer
141 views

What is the oldest state/nation that has abolished the death penalty?

In 1846 the state of Michigan became the first state in the United States to abolish the use of the death penalty, which still stands today. Is there any country (or state/province/etc.) elsewhere ...
8
votes
1answer
95 views

Has there ever been litigation over a salvaged shipwreck between a European country and a former ex-colony?

International law on shipwreck salvage rights has not yet stabilised and usually requires case-by-case litigation. A common example of this is litigation between a commercial salvage company and the ...
9
votes
2answers
241 views

Is it true that slavery was banned from discussion on the Senate and/or House floor before the American Civil War?

In one of the latter years of my undergraduate program I read/heard from one of my classes that discussing the slave trade/slavery on either the Senate and/or House floor (I forget which) was banned. ...
0
votes
4answers
277 views

Why was the the sack of cities acceptable?

When reading history, it seems that the sacking(killing citizens ) of a city after a successful siege was a common and accepted practice... Why was it acceptable?
5
votes
1answer
179 views

Did Edward VIII's abdication follow constitutional procedures?

Edward VIII abdicated the English throne after discussion with his Prime Minister. Edward informed Baldwin that he would abdicate if he could not marry Simpson. Baldwin then presented Edward with ...
6
votes
1answer
336 views

How did the Nuremberg Trials decide whether a guilty defendant was to be sentence to death or life imprisonment?

This page contains a list of Nuremberg defendants, their verdict and sentence. While explanations for lighter sentence (e.g. Dönitz was only sentenced to 10 years) can be found quite easily, many Nazi ...
10
votes
2answers
224 views

Why did the political parties in the US give up power to run primary elections to some states?

In the US, it seems that in certain states, the political parties have allowed the state to prescribe the manner in which delegates are selected to the party's national convention. This includes ...
1
vote
1answer
134 views

What were the civic privileges created for the Jews by Porcius Festus?

Festus inherited all of the problems of his predecessor in regard to the Roman practice of creating civic privileges for Jews. Only one other issue bedeviled his administration, the controversy ...
16
votes
3answers
343 views

Has a foreign power ever sought to compel another country to abide by international law by means of that country's internal judiciary?

Suppose there are two countries which have a treaty or convention between them. One country thinks the other has infringed upon it. Have there been any instances where the first country filed a suit ...
10
votes
2answers
374 views

Were any drugs (except alcohol) forbidden during medieval or ancient times?

I assume that some drugs where known to humanity in some way or other for a long time, but I think actually prohibiting certain drugs would require a state that (for reasons of morals, public health, ...
15
votes
3answers
868 views

Why is the United States the only developed country whose labour laws leave most up to the employer? [closed]

I read this post: "Bad Facts About The USA". It says that the United States, Lesotho, Swaziland and New Guinea are the only countries in the world not to mandate paid leave for mothers of newborns. ...
4
votes
0answers
105 views

What were the factors that caused debtors' prison to disappear in most parts of the world in the 20th century?

Debtors' prison is a prison for people who are unable to pay debt. As recently as the mid 19th century, it was a common way to deal with unpaid debt in Western Europe. Debtors' prison started to ...
2
votes
4answers
4k views

Has the US Congress ever repealed a law?

Has the United States Congress ever repealed legislation, rather than amend the legislation or let the legislation be annulled by the Supreme Court? It seems to me that once a law is passed it ...
1
vote
0answers
59 views

Could invocation and revocation of bastardry be used to manipulate primogeniture?

Primogeniture: The legal custom for the firstborn and only the firstborn to inherit the bulk of the estate, especially indivisible property. Bastard: An illegitimate child without the right to ...
14
votes
2answers
251 views

How did ancient empires account for slow propagation of information e.g. in their legal codes?

Mathematician Alain Connes cites a French legal rule that explicitly accounts for propagation of information at finite speeds substantially below the speed of light: There was a legal rule ...
15
votes
7answers
1k views

How do new countries legally and without bloodshed declare themselves independent?

I saw an article about the legality of the declaration of independence. For example, when USSR broke up, several countries became independent, but for others, there is still fighting to maintain them ...
24
votes
3answers
1k views

No speed limit on German highways - why?

I wonder what are the historical circumstances that led to lack of speed limit on German federal Autobahn network. There is an advisory 130 km/h limit, but it is not mandatory one nor obeyed ...
1
vote
0answers
46 views

How did Mike McShaffry's 'No Grownups Allowed' cause a congressional hearing?

While reading Mike McShaffry's book 'Game Coding Complete, Fourth Edition' I came upon this: Exactly seven years from the day he was hired, Mike arranged his escape and in 1997 formed his first ...
18
votes
3answers
965 views

What was the legal framework in Ancient India?

We all know the immense contribution ancient Roman, medieval Roman (or Byzantine), and pre-modern HRE cannon law has made to the modern world. These empires relied on a written constitution (or code) ...
1
vote
3answers
297 views

What is an open city? [closed]

During World War 2 Rome was declared to be an "open city" but I do not know what this means. What rules are there in an open city? Who controls it or is it neutral? I want to know what happens when a ...
13
votes
2answers
239 views

How did Quebec transition from French Law to English Law?

When Britain conquered Quebec at the end of the Seven Years War, Quebec began a transition between French law and English law. How did that transition occur?
20
votes
1answer
453 views

When did the Romans begin using the sword, as opposed to the axe, for decapitation?

According to this article, the Romans first used the axe for decapitation, and then moved to using the sword later. The article states: [B]eheading, a mode of executing capital punishment by which ...
3
votes
1answer
152 views

Did the Dutch carry out trials for collaboration with the Japanese in the Dutch East Indies?

After the Second World War, the Netherlands tried Dutch citizens for acts of collaboration with the German occupation. Did they do the same (as the UK did on a limited scale in India and other areas ...
6
votes
2answers
553 views

When did the last formal and recorded duel take place?

It seems that duels are no longer fought because of a combination of both changes in law and in fashions. E.g. Tom Reiss' The Black Count: Glory, Revolution, Betrayal, and the Real Count of Monte ...
7
votes
2answers
97 views

Georgia's Ruling by O. Henry

O. Henry's 1900 story, "Georgia's Ruling", http://classiclit.about.com/library/bl-etexts/ohenry/bl-ohenry-georgia.htm describes a dire social problem related to the USA land laws and the "land ...
9
votes
1answer
299 views

Did America ignore British patents during Industrialization

I remember reading a Noam Chomsky book where he stated that America simply stole British patented ideas, claiming that British laws did not apply to her. Chomsky's argument was that America is ...