Questions tagged [law]

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 rules, and the means for determining guilt and innocence of parties suspected of violating any aspect of the aforementioned laws.

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16
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4answers
6k 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 Texas_v....
7
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1answer
287 views

Were Draco’s laws particularly “draconian” at the time they were enacted?

There is a lot of talk about “draconian” laws at the moment, which got me thinking about Draco. As I understand it, Draco produced the first written constitution of Athens, which stood for about 30 ...
6
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2answers
312 views

How did smaller feudal vassal realms survive a war or raid?

Say you're a knight or baron or just generally a landowner who swears fealty to a much more higher title than you. One day a war breaks out between a rival realm or raiders from a more tribal-like one ...
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In Indian census, were the children of a Thug recorded as “Yet to Be Thug”?

I read (can't remember where at the moment) that in a population census (probably around 1911) the child of a thug used to be recorded as "yet to be thug" in profession column in India. ...
6
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What is the source for the Middle age tale, “Falling off a church and surviving by falling on someone”?

I'm looking for the original story of a tale I've been told years ago back in high school by my history teacher. A worker in France was working on a church and lost his balance and fell. He landed on ...
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1answer
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What are some good references for the history of legal business entities? [closed]

I'm looking for books and articles that can elucidate how different legal business entities and types of corporate personhood came to be. I've already found the book “The Company: A Short History of a ...
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3answers
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Why were Royal Navy ships forbidden to attack the ARA Veinticinco de Mayo in Argentinian waters?

I watched this video on the British hunt for the Argentinian aircraft carrier ARA Veinticinco de Mayo, during the Falklands war. Involved, among other ships, was the Royal Navy nuclear submarine HMS ...
6
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1answer
171 views

What sources describe the ending of the right to murder family members in 1st century BC Rome?

The right to murder family members ended in the first century BC, although, even then, they kept a few exceptions. Now, the law said, fathers could only murder their sons if they’ve been convicted of ...
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1answer
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In ancient Rome, could free-born Romans become slaves?

In the article Roman Slavery, Kenneth Tuite of the Classics Department at the University of Maryland states quite categorically that Romans could not be slaves: Although a class system existed, ...
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Who had the shortest time in going from imprisonment to head of state within democratic processes?

We know that for example Mandela, Hitler, Stalin all spent some time in prison before they went on to become the head of their respective state or government. Regardless of the reason why they were ...
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318 views

Why were British laypeople more ready to challenge the government starting in the 1960s?

I rectified YouTube's transcript of former UKSC President Lord Neuberger's speech starting at 7:44. Please see the question in the title. I'm asking merely about the bolded phrase below. Are there ...
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3answers
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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 ...
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1answer
228 views

Was slaughtering cows in Kamchatka prohibited in the 1820s?

In To the Pacific and Arctic with Beechey: The Journal of Lieutenant George Peard of HMS Blossom, 1825–1828, Peard claims that in Petropavlovsk, Kamchatka, "nearly every family possesses a Cow (...
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Why can I visit battlefields, but not battleships?

Why are warships declared as war graves prohibiting divers from even visiting them (let alone entering them or taking artifacts) and yet I as a pedestrian I can freely visit the Somme or any other ...
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When the 'speedy trial' amendment was written, how long did trials usually take?

The Sixth Amendment to the United States Constitution promises "the right to a speedy and public trial," to prevent the accused from being held without a conviction for a long pretrial period. What ...
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How did private property work in medieval France?

Were you required to purchase a land deed to get permission from the ruler of the area, or could you build wherever you wanted? If the latter is how it worked throughout Europe for the most part, I ...
6
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1answer
94 views

Were there any specific laws/treaties enshrining the Principle of Distinction in the 18th century?

Hathaway and Shapiro (2017): By the middle of the eighteenth century, European armies had come to recognize a “Principle of Distinction,” the doctrine central to modern humanitarian law, which ...
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1answer
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Was Richard I's imprisonment by Leopold of Austria justified?

I read in Wikipedia and Britannica about Richard I of England regarding his imprisonment and I was perplexed by the fact that a sovereign monarch, and a crusader at that, could be imprisoned by a ...
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3answers
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When did the last Terra Nullius vanish from the earth?

By "Terra Nullius" or "white spot" I mean a place where you (if you were so inclined) could "legally" settle and live in some wilderness as a trapper or farmer without having to ask for permission, ...
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Are there any specific events which grants a soldier permission to execute a prisoner on sight? (Like in the movie: Fury)

I recently watched the movie Fury. Although the movie is full of historical inaccuracies as usual, there are some events looked very questionable to me. In a scene, the U.S. soldiers capture a German ...
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2answers
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Were life imprisonment and mental insanity the only reasons a divorce couldn't be granted in early 20th century England?

I was watching a Poirot TV movie which was set to England somewhere around 1930s, and one plot point was that the only reasons a divorce couldn't be granted were that either the husband or the wife ...
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Could women make contracts in ancient Rome? [closed]

I'm writing a story and the main character is a wealthy widow who runs the estate for her rather lazy son. Could women in ancient Rome (specifically the 3rd Century Empire) legally make contracts, or ...
3
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1answer
93 views

Having had his policy judged unlawful, which Home Secretary asked to meet Lord Bingham to discuss?

I quote p 27, in the Winter 2018 Issue 13 of the Hong Kong Student Law Gazette. The tension between executive and judiciary exists in many jurisdictions practising separation of powers, and the UK ...
5
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1answer
165 views

Was Mark Twain's book 'The Adventures of Huckleberry Finn' banned in the former German Democratic Republic (East Germany)?

I am currently studying the film Barbara directed by Christian Petzold for my undergraduate dissertation. This film is based in the former German Democratic Republic=GDR (East Germany). The ...
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2answers
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What East German laws and regulations were extended to the West after unification?

Legally speaking, the reunification of Germany in 1990 was not a merger of two equal states resulting in a new country. Rather, it is better characterized as the absorption of the German Democratic ...
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148 views

How many instances of the Writs of Assistance were there? Are there any documented instances?

I have been in general frustrated by the lack of easily available documentation surrounding the 1760 Writs of Assistance, and the Writs of Assistance as they appear today in UK legislation, as pointed ...
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0answers
213 views

How did Roman law change between Justinian and Basil II?

What were the ways in which Roman law changed between under the rule of Justinian I (with his Corpus Juris Civilis and the rest of his Legal Order) and under the rule of Basil II? I am interested in ...
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2answers
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Why are there so many laws about eye injuries in the Code of Hammurabi?

Why are there so many laws about eye injuries in the Code of Hammurabi? (And so few laws about other body parts injuries.) I want to concentrate on injuries mentioned as the crimes of physical ...
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Why did the form Baron OF Somewhere drop out of use?

The Question In the various British peerages - i.e. the peerages of England, Scotland, Ireland, Great Britain and the United Kingdom - one finds titles of the form Duke of X, Marquess of X and Earl ...
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1answer
380 views

Who was Jack Hagler? As amended by chapter 87-24, Laws of Florida, this section shall be known and may be cited as the “Jack Hagler Self Defense Act.”

Who is Jack Hagler? Why is he mentioned in this law, the Jack Hagler Self Defense Act? I tried to find out information but nothing relevant came up. https://duckduckgo.com/?q=Jack+Hagler&ia=web
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1answer
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What was the age of majority in 1900 United States?

What was the age of majority in 1900, in the United States? For women and for men? I am not asking about the age of consent. The age of majority is the chronological moment when minors cease to ...
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Are there any examples of retrial for longer prison sentences?

Today I've read in 'Journey into the Whirlwind' by Eugenia Ginzburg, that prisoners in the USSR could be re-sentenced. They had been accused and found guilty of a crime (usually counter-revolutionary ...
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1answer
219 views

Are there pictures of a chancellor behind a lattice? [closed]

Are 1 and 2 are referring to the same type of chancellor? Anyways, are there pictures fictional or non-fictional for each? chancellor | Origin and meaning of chancellor by Online Etymology Dictionary ...
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1answer
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Could women be crucified under Roman law?

Were women eligible for crucifixion in Roman society? I found plenty of sources saying something along the lines of "women and Roman citizens were exempt" but also found some sources saying women ...
10
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2answers
479 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 ...
7
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1answer
411 views

What happens to interned military personnel if war is declared post-internment?

Here is a real-world example during World War I. The German ship SMS Geier sails to neutral port in Hawaii in 1914, territory of the United States. Since the USA and Germany are not at war, the ship ...
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3answers
3k views

Was it illegal to blaspheme God in Antioch in 360.-410.?

We know that the Roman Empire became a Christian state. Was it illegal to blaspheme God in Antioch in 360.-410.? What punishment was prescribed (if it was illegal)? If it was punishable, who could ...
37
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3answers
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Is there a historical explanation as to why the USA people are so litigious compared to the French?

I'm French and I often hear that people in USA tend to sue for almost anything. I don't hear the same about countries neighboring France (Spain, Italia, Belgium, etc..) and, since a good part of USA ...
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2answers
1k views

Why was compulsory vaccination abandoned in the UK?

There is currently talk in the UK of making school attendance conditional on vaccination. Similar schemes operate in various places around the world now. Vaccination against smallpox was compulsory ...
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1answer
71 views

Where in San Francisco did the Land Commission meet?

After taking California, the U.S. needed a way to sort through land claims and established a Public Land Commission. This operated from 1852 to 1856, principally in San Francisco but also briefly in ...
22
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2answers
4k views

Had there been instances of national states banning harmful imports before the mid-19th C Opium Wars?

Background To my current understanding, James Matheson in his »The British trade with China« argued that China might have originally had the right to refuse trading with Britain, but that they lost ...
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2answers
456 views

How were de jure lands determined during the Middle Ages in Western Europe?

I was continuing my research on the strained relationship of France and England during the Middle-Ages. As I was reading up on Philip II Augustus of France in Wikipedia I stumbled upon this: The ...
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1answer
272 views

Thought Crimes in History? [closed]

Has there ever been anywhere at any point in history a law criminalizing certain thoughts? I mean a law that says that the thinking of certain thoughts is illegal. I don't mean a law that says that ...
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1answer
1k views

How was ownership of property managed during the Black Death, when so many original owners had died?

Historically, in the UK if a property owner died intestate with no heirs, the property ownership went to the Crown under an escheat. During the Black Death, in the 12th century, the population of ...
6
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1answer
170 views

What were the rules of the migration to the Louisiana Territory in USA?

To my best knowledge, at the point of Louisiana Purchase, the area was inhabited mostly by Native Americans. At the time there existed some legislation regarding how the settlement should look like. ...
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2answers
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Why was “leaping into the river” a valid trial outcome to prove one's innocence?

The second law of the Code of Hammurabi states: 2 If any one bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall ...
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2answers
3k views

What is the history of the university asylum law?

I fear this question may be rather broad and I would like help to narrow it down. Currently a debate is ongoing in Greece regarding the law preventing police from stepping into university campuses. ...
9
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3answers
318 views

Does O Henry's story “Georgia's Ruling” describe history?

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 sharks":...
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Why were Law Lords created peers of different ranks?

I cross-referenced the men below with List of law life peerages to check that these Law Lords were created life peers, and didn't inherit peerage. Most Law Lords are created as Barons, but note the ...
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1answer
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Strong movement to deregulate professions in the 1960's?

In chapter 11, page 209, of his book "predictably irrational", Dan Ariely writes: "The word profession comes from the Latin professus, meaning "affirmed publicly." Professions started somewhere ...

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