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.

Filter by
Sorted by
Tagged with
6
votes
1answer
1k views

Have US troops ever been lawfully quartered in private homes during wartime under the Third Amendment?

According to the Third Amendment to the U.S. Constitution (my emphasis): No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a ...
2
votes
1answer
182 views

How did wills work in times of Oscar Wilde?

Oscar Wilde's play The Importance of Being Earnest contains the following lines (shortened as marked for this purpose) in its third act: JACK. I beg your pardon for interrupting you, Lady ...
8
votes
3answers
2k views

What do Marxists mean by “class basis of law”? As seen in linked article

R. Judson Mitchell's article The Brezhnev Doctrine and Communist Ideology uses the term "class basis of law". I'm not sure but I think: Because this concept almost always appears hand in hand with "...
33
votes
4answers
2k views

Was slavery in the United States legally limited to blacks?

Was slavery legally exclusive to race? That is, could blacks and only blacks in the United States be considered slaves under the law? As an example, if an owner were to import into the United States ...
4
votes
1answer
212 views

What education path had to be followed to study law in 17th century Europe?

How was the path in terms of education for a small kid to follow in years so that he can become a LAWYER in 17th Century in Europe? (Mainly in The Holy Roman Empire). Thanks!
7
votes
2answers
723 views

Mesopotamia laws 196, 197 and 198

While doing some research I stumbled upon some old Mesopotamian laws. Reading through them I found a series of conflicting laws. They state 196: If a man put out the eye of another man, his eye ...
3
votes
0answers
318 views

Was there any restriction on private citizens owning cannons and other large weaponry in 17th, 18th and 19th century Europe? [closed]

Were there laws limiting what kind of guns a private citizen in Europe could own? Could John Doe go to a shop and commission a cannon to be made for his own personal use?
3
votes
1answer
368 views

In ancient Rome what could 'childhood innocence' save a child from being punished for?

The "Innocence of a child", you know, that thing that lets curious little kids sneak onto the white house lawn and not immediately get shot or whatever. In ancient Rome (lets say during the republic ...
3
votes
1answer
2k views

Meaning of the words “Wanted Dead Or Alive”

What is the meaning of the famous words "Wanted Dead Or Alive"? Did they mean that it was for some reason legal for ordinary people to kill the fugitive described on the poster? Is there still this ...
8
votes
1answer
404 views

Was there ever a case where *physically* exporting fiat money caused severe damage to an economy?

For those people who did not experience it: During the Cold War most countries of the Warsaw Pact had ridiculously high sentences for exporting their own money. That means that if you have some coins/...
32
votes
5answers
6k 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?
10
votes
4answers
647 views

When and where was rape first criminalised independently from adultery?

The ancient legislation I know about do not have any concept of rape, but of adultery / married, and virgin / not virgin. The monotheist religious texts condemn rape as adultery outside the wedding, ...
1
vote
1answer
116 views

When were capital punishments suspended during the Rashidun caliphate?

The wikipedia entry about Rashidun Caliphate says: Various Islamic lawyers do however place multiple conditions, and stipulations e.g. the poor cannot be penalised for stealing out of poverty, ...
6
votes
2answers
956 views

Codification of Sharia by the Ottoman Empire in the 19th century

The wikipedia entry about Rashidun Caliphate says: According to Noah Feldman, a law professor at Harvard University, the legal scholars and jurists who once upheld the rule of law were replaced by ...
5
votes
3answers
210 views

Who was the first foreigner to be naturalized as a Mexican citizen in Alta California?

The earliest example I have is Jose Antonio Bolcof of Russia, who became a Mexican about 1833. Who beat him? cf. Who was the first foreigner to be naturalized as a Mexican citizen?: several Texans ...
5
votes
2answers
226 views

Who was the first foreigner to be naturalized as a Mexican citizen?

The earliest example I have is Jose Antonio Bolcof of Russia, who became a Mexican about 1833. Who beat him? cf. Who was the first foreigner to be naturalized as a Mexican citizen in Alta California? ...
-4
votes
1answer
364 views

What is the largest secret kept in history? [closed]

What is the largest successfully or semi-successfully kept secret in human history? Some definitions: Successfully - If a secret was kept entirely secret successfully, we wouldn't know about it. ...
5
votes
0answers
268 views

What was the process by which the modern border control system developed? [duplicate]

I know that today, if I take a cruise of the Mediterranean, then each time the boat stops in a new country, and I wish to go ashore and see the sites, that I will need to have appropriate ...
11
votes
3answers
348 views

Were there any political checks on the U.S. executive during their covert support of the military junta of Pinochet?

U.S. secretary of state Kissinger- with the support of the executive- actively supported the overthrow of Chilean president Allende in favor of the military dictatorship of Pinochet. After the fact, ...
36
votes
5answers
5k views

U.S. weapon restrictions during 19th century

Prior to the 20th century, I'm curious as to how the 2nd amendment was understood: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and ...
9
votes
2answers
528 views

Before his arrival at St Helena, was Napoleon legally a prisoner of war?

I would like to know whether in law Napoleon was a prisoner of war when he surrendered himself to the British after the Battle of Waterloo, did he retain that status up to the point when he was landed ...
2
votes
1answer
435 views

Changes to the school leaving dates in Scotland and Northern Ireland

I am looking for sources that tell me about when and how the school leaving dates were changed in Scotland and Northern Ireland after World War 2. I define school leaving date as the date you do not ...
11
votes
2answers
1k views

What were the Government Press Prosecutions of 1858 and why did they occur?

In the second chapter of On Liberty, John Stuart Mill mentions in a note the "Government Press Prosecutions of 1858". He further writes that "The offence charged was not that of criticising ...
14
votes
5answers
4k views

Was there a constitutional mechanism to overturn the election of Adolf Hitler?

In March 1933 Hitler received 44 % of the votes during the elections and became relatively fast a dictator. Were there any constitutional or other legal mechanisms in place through which this “...
6
votes
1answer
2k views

The Roman Law of the Twelve Tables on slavery

I have just been reading the Roman Twelve Tables, and am deeply confused. In Table VI, it states: Law VII. Where anyone demands freedom for another against the claim of servitude, the Prætor shall ...
8
votes
2answers
922 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 ...
4
votes
2answers
482 views

Why the laws re the burial of slaves in the Twelve Tables?

In the Roman Twelve Tables, Table X states:- Law X. The body of no dead slave shall be anointed; nor shall any drinking take place at his funeral, nor a banquet of any kind be instituted in ...
7
votes
3answers
989 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 (...
4
votes
1answer
637 views

When did the trademark symbol come into use?

Trademarks existed and were recognized before the Trademark symbol was used. When did we start using the ™ and ® symbols?
13
votes
3answers
2k 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
votes
2answers
676 views

Did Soviet cars have seatbelts or laws enforcing them?

I know in America, the seatbelt has a history involving legislation and Ralph Nader, and didn't really exist before the 1960's. What about in the Soviet Union? Did they go through a similar process? ...
3
votes
1answer
206 views

When was the first time lower-class people had a reasonable chance of having a fair trial? [closed]

When was the first time in recorded history where the juridical system provided for protecting the rights of the general population, including the lower classes, so that a person of lower class could ...
12
votes
6answers
11k views

In the United States government, has there been cases that electoral colleges don't vote for the candidate the majority of their state voted for?

Has there ever been a case where electoral colleges vote for someone the people didn't vote for during an election for president of the United States?
4
votes
1answer
228 views

What influenced the Supreme Court to overrule precedent in Afroyim v. Rusk?

In Afroyim v. Rusk the Supreme Court ruled that US citizens may not be deprived of their citizenship voluntarily. A previous precedent (Perez v. Brownell) had made the possibility of possessing dual ...
3
votes
1answer
627 views

What political events led to the Separate Car Act that was upheld in Plessy v. Ferguson?

One often reads that in 1896 in the case of Plessy versus Ferguson, the United States Supreme Court let stand a Louisiana law, the Separate Car Act, that required white and non-white passengers to ...
7
votes
3answers
8k 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
3answers
4k 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 ...
3
votes
4answers
669 views

Did Roman statutory law in the 1st century allow for crucifixion of non slaves?

Did Roman statutory law in the 1st century allow for crucifixion of non slaves? I knew a Roman law scholar who claimed it did not, ergo Christ could not have been crucified but must have been ...
23
votes
2answers
5k views

What did an ancient Roman certificate of land ownership look like; or, what did it consist of?

Suppose you're a landowner in Germania, just west of the Rhine. It is the 2nd Century A.D. You own a number of farms, a couple of good houses, maybe some slaves, some of whom are on the verge of ...
5
votes
1answer
678 views

Penalty for patricide in Ancient Rome

This question is prompted by an earlier question on Roman law, which seemed to suggest that only treason was punishable by death for citizens. I did ask this as comment, but have got intrigued. I am ...
6
votes
2answers
733 views

Did Hirohito offer to stand trial for war crimes, but was turned down by the US?

At the end of WW2, did Emperor Hirohito volunteer to stand trial for war crimes? Was he planning to plead guilty? Did the US refuse all this? Please make a citation because I would like to read more ...
2
votes
1answer
107 views

How does citizenship work during revolutions and similar upheavals?

For example, on October 1st 1949, the People's Republic of China (PRC) was proclaimed. Would hundreds of millions of people then suddenly have switched from being citizens of the Republic of China (...
16
votes
5answers
4k 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) ...
6
votes
1answer
316 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 ...
4
votes
1answer
128 views

History of terrorist organizations designations/undesignations by Israel

In 1948, Israel passed the Prevention of Terrorism Ordinance, which allows it to officially designate organizations as terrorists in the Official Gazette. What organizations have been designated this ...
22
votes
2answers
3k 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
2answers
2k views

How did criminal law work in the Roman Empire?

I have old memory from when I was in little school: During the Roman empire, criminal law was very "flexible". You could kill nearly anyone in the Empire, as long as you were able to pay a fee to the ...
11
votes
1answer
392 views

Where does the concept of traffic keeping to the “right” side of the street originate?

In any nation that has cars, there are well-understood rules about how to operate them. If a road is shared by traffic going both ways, everyone will, by law and convention, stick to either the right ...
5
votes
1answer
266 views

Name of the ancient law that forbade naming/publicising the name of a criminal?

I think it was a Roman law, and it said that when a horrific crime was committed, the criminal could not be named, and anyone who disobeyed would suffer capital punishment. I can't remember the name, ...
15
votes
1answer
873 views

Why is the charter of Rhode Island and Providence Plantations signed “HOWARD”?

Why is the charter of Rhode Island and Providence Plantations signed "HOWARD"? Note also that the Charter of Connecticut is likewise signed "By Writ of Privy Seal, HOWARD". But, the keeper of the ...