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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13
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2answers
930 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 ...
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During feudalism in Europe, was one's allegiance to the lord more or less important than the allegiance to the king?

So, let's say your feudal overlord is rebelling against the king. Who do you owe your allegiance to, the lord, or the king? It's best to fight for the one who's going to win, obviously, but what would ...
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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?
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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 ...
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1answer
309 views

When was Nazi paramilitary organisation Waffen-SS liquidated in the legal sense?

Armed forces of Third Reich consisted of two groups: proper public/national army "Wehrmacht" and private paramilitary organization "Waffen-SS" which was an armed branch of SS (Schutzstaffel, "...
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1answer
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Do we know any Roman debtor being cut to pieces in line with the 12 Tables?

The Twelve Tables state: ... Meanwhile they shall have the right to compromise, and unless they make a compromise the debtors shall be held in bonds for sixty days. During these days they shall ...
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Why did The Crown give assent to Apartheid legislation during the 1950s?

Why did The Crown give assent to Apartheid legislation during the 1950s? For example, the Reservation of Separate Amenities Act, Act No 49 of 1953 was assented to by the crown. The relevant law in ...
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329 views

Was every Roman citizen part of a curia?

In a book by German historian Klaus Bringmann, I read that during the regal period, the whole population was divided into three tribes. He furthermore states that each tribe was divided into 10 curiae ...
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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 ...
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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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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 ...
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Was the king of England able to execute a high rank noble and his family between 1216 and 1688?

After signing the Magna Carta, was the king of England able to execute a noble and his family and escheat their property to the crown by his own will up to 1688? For example in the cases such as Lèse-...
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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 ...
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450 views

What is this crime, “F and A”, from the 1890's US?

What was the crime of "F and A" in North Carolina in the United States in the 1890's? My wife saw that one of her female ancestors was arrested and served 6 months in jail for this crime in the 1890'...
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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 ...
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Why was the Halifax death penalty reserved for thefts of at least 13½ pence?

Wikipedia's article on the Halifax Gibbet says, with several citations: …ancient custom and law gave the Lord of the Manor the authority to execute summarily by decapitation any thief caught with ...
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471 views

What was the legal process of raising a legion in late Republican Rome?

I've read some about both the Roman army and the Late Republican period, but realized that, while I understand well enough how legions worked in the field, I have only a very incomplete idea of who ...
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3answers
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How did the Alien and Sedition acts pass?

The Alien and Sedition acts, passed in 1798, are said to have been an attempt by the Federalist Party to suppress opposition. In Chapter 74 Section 2, the law seems to put restrictions on freedom of ...
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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 ...
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1answer
456 views

Were mattress labels inspired by public outcry?

If you're an American consumer, you likely know the "mattress tag", labels attached to mattresses, pillows, stuffed animals, and pet beds, which often begin "This tag may not be removed under penalty ...
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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 ...
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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, ...
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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, ...
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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 ...
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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 ...
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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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Did more Jews live in Poland than any other country, prior to the Holocaust, because of how Polish laws and people regarded Jews?

Poland in 1900 and just before the Holocaust ranks 1st in a list of nations by Jewish percentage of the population. [1] Now of course in such a ranking that country is Israel. Why did Jews migrate ...
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375 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 ...
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Origin of French electoral tie-breaking mechanism (oldest candidate wins)

The French Code électoral specifies that ties be broken by giving the oldest candidate the win. (At least in certain elections. See for example L126, L262, L338, LO512.) What is the historical origin ...
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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 ...
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316 views

How did the Supreme Court case Lochner vs. New York influence the U.S. economy?

In 1905, the U.S. Supreme Court ruled that laws limiting the number of hours bakers could work was a violation of the Fourteenth Amendment. After this, there was a time when a series of labor laws ...
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Does Japan have the constitutional and legal right to have its own army or navy?

After WW2 Japan capitulated and was disarmed. And as I know Japan was not able to have its own army, and its boundary would be protected by the United States. So, does Japan have the legal right to ...
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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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1answer
586 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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463 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 ...
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1answer
439 views

Anglo-saxon law banning sheepskin covered shields

The Law of King Athelstan states: Fourthly: that no shieldwright cover a shield with sheep's skin; and if he so do, let him pay thirty shillings. (http://sourcebooks.fordham.edu/halsall/...
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1answer
890 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 ...
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511 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 ...
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1answer
176 views

What is the earliest recorded example of an extradition treaty or law?

While reading a news article on someone being extradited from overseas to face justice in the U.S. it started me thinking about the history of the extradition process. Wikipedia and The History Vault ...
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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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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 "...
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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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What laws of war existed before the modern international treaties and conventions?

Were there laws governing the rules of conducting war before modern (20th century) international treaties and conventions such as the Geneva conventions? For example, were there rules regarding the ...
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360 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
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When was cannabis legalized in the Netherlands?

In which date was cannabis legalized in the Netherlands? I mean the introduction of coffee shops
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How did the Mughals view homosexuality?

What was the attitude toward homosexuality of the Mughals? Was it different between the ruling class and the common people? Was homosexuality, officially or unofficially, permissible during the reign ...
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895 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 ...
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371 views

Why was Charles I not pressed by *peine forte et dure* to force him to plead to treason in front of the High Court?

Why was Charles I not pressed by peine forte et dure to force him to plead to treason in front of the High Court of Justice for the trial of King Charles I? Under English common law, peine forte et ...
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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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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 ...