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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139 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 ...
7
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3answers
522 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 ...
0
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1answer
105 views

Marbury vs Madison, what about other midnight judges?

After reading about it, I still have confusion as to what happened to the other midnight judges that Adams appointed. If the Supreme Court had the power to refuse to give Marbury his commission ...
6
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1answer
277 views

When did private fighting become a capital offense in Japan?

In "Might Makes Right: Just war and just warfare in early medieval Japan", Karl Friday mentions that bushi (warriors) who violated decrees banning fighting were exiled or imprisoned under pre-Edo ...
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2answers
390 views

Was either side legally in the right in the Hundred Years War?

Legalistically speaking which side was right in the Hundred Years War. My view is that the Salic law combined with the principle that nobody can transmit a right greater than he himself can possess ...
3
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2answers
292 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 ...
8
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1answer
485 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 ...
8
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2answers
1k 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 ...
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2answers
270 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 ...
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6answers
309 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 ...
2
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1answer
155 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 ...
3
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0answers
136 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 ...
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3answers
364 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 ...
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2answers
453 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
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1answer
164 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 ...
10
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3answers
554 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 ...
4
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1answer
464 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 ...
5
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0answers
169 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 ...
2
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2answers
125 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, ...
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2answers
272 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
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1answer
233 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 ...
4
votes
1answer
208 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
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1answer
122 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 ...
10
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2answers
441 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. ...
6
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1answer
230 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
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1answer
490 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 ...
11
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2answers
387 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 ...
2
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1answer
241 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 ...
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3answers
1k 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. ...
1
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4answers
6k 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 ...
15
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2answers
379 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 ...
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0answers
66 views

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

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 ...
20
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3answers
2k 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) ...
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2answers
753 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
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2answers
366 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?
6
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2answers
2k 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
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2answers
124 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 ...
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1answer
490 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 ...
12
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1answer
210 views

Was the State of Indiana's legislation changed to fix the value of Pi?

Is the following an anecdote? Mathematicians describe Pi as an irrational number, that is, a number that cannot be expressed as the ratio of any two integers. This was an irksome fact to the State ...
7
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2answers
132 views

Total budget of Nuremberg trial

I am trying to estimate the total budget of the Nuremberg War Criminal trial. Any help with reference, please?
4
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3answers
350 views

Did any of the US States ever attempt to secede, aside from American Civil War times?

Reading about the non-governmental organizations in support of the Texas secession movement, I've started to think if there were any States where such movements achieved something more. My questions ...
3
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2answers
279 views

How early did restrictions on hunting start?

Today in the US you can only hunt certain game during certain seasons. In medieval England, only certain people were allowed to hunt deer and boars. Legal restrictions on who could hunt what, where, ...
1
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1answer
81 views

Did Joseph II introduce the presumption of innocence in his legal code?

The Holy Roman Emperor Joseph II has pushed through some important reforms. E.g. strongly reducing death penalty or abolishing serfdom. His legal code (Josephina) was in many ways revolutionary, one ...
11
votes
1answer
477 views

Why did the states that were born out of the Louisiana purchase adopt a common law system, and not a civil law system?

The French system of laws is a civil law system that is based upon the Napoleonic Code, and further back the Justinian Code. The legal system in Louisiana is now bijuridicial retaining some of the ...
2
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1answer
91 views

What does 'trade in' mean in this article on the Westway project?

A little background so you know where we are at. I'm doing a paper concerning the Westway project* specifically the period immediately before the collapse of the project in which hundreds of ...
11
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3answers
471 views

Was it ever illegal for two people of different religions to marry in the UK?

Was it ever illegal for 2 people of different religions (e.g. Catholic & Anglican) to marry in the UK? I'm refering only to "civil marriage". I'm sure, even now, that the Catholic church may not ...
28
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4answers
498 views

What Factors Have Led to the Duration of US Copyrights Continuously Increasing?

The below image shows how the duration of US copyright laws has increased to 4x what it was originally. Is there a reason that copyright duration has only been extended in the US? What are the ...
7
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1answer
118 views

What was the procedure for prosecuting criminals in England between the World Wars?

I'm doing some research on court procedures during the '20's and '30's in England. I understand that at that time there was a Director of Public Prosecutions, and some of the resources I have found ...
18
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1answer
1k views

Did “droit du seigneur” actually exist in medieval Europe?

Droit du seigneur, also known as "jus primae noctis" (right of the first night), was the supposed right of a feudal lord to sleep with his serfs' brides on their wedding night. Was it actually ...
4
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1answer
134 views

Has the resignation of a political leader in a Westminster style parliament ever forced an election call?

So reading about the premier of Ontario Dalton McGuinty abruptly quitting his post, and there's many people wondering if there will have to be an election to replace him. While there is some precedent ...