Common civil law

There have grown up in the history of nations only two great systems of law, the civil law of ancient Rome, and the common law of England. All the most civilized nations in the world are governed by either of these two great schemes of justice. Though the civil law and the common law have much in common, yet in many important particulars they are the opposites of each other. In the course of his studies, the student of law finds so much said, in an incidental way, about the civil law, that is calculated to mislead his judgment in regard to the true character of that scheme of justice, that it is important, at the outset of his walks over the fields of the common law, to give him some account of the civil law, and point out in what it differs essentially from the common law. This is a matter of much importance to every student who aspires to a comprehensive and enlightened knowledge of jurisprudence.

Rome is the grandest empire presented in the great spectacle of the history of nations. From the limits of a few square miles, on the southeast bank of the lower course of the Tiber, Rome extended her territorial dominions to the Pillars of Hercules on the west, to the Euphrates on the east, to the German ocean and the Grampian hills on the north, and to the cataracts of the Nile and the great African desert on the south. Over his vast territory Rome extended her government, her laws, and her language. To preserve these immense territories, as the natural and legitimate heritage of Rome, was the one great end of Roman policy. And any of the many peoples subject to Roman sway, who attempted to throw off the imperial authority, were treated as rebels against a lawful dominion.

Civil Law in New France: the Custom of Paris

New France became a royal province in 1663, well before the Revolution. Louis XIV decreed
that it would follow the Custom of Paris. This was the body of laws which governed the region
around Paris (Île de France) at the time. There were different “customs” in different areas, but
after 1580 the Custom of Paris was becoming more important in case of conflict between
customs. Also important were royal ordinances and edicts and decisions from the Conseil
Souverain (Sovereign Council) of New France. The code was changed to reflect circumstances
in New France in 1667, 1678 and 1685

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Common Law in Canada Before 186

Newfoundland, Prince Edward Island, New Brunswick and Nova Scotia all followed common
law before Confederation. The province of Canada, however, had begun as a French colony –
New France – which used civil law.

After the conquest, the British guaranteed the survival of civil law in the Quebec Act, 1774. The
Constitutional Act, 1791, however, split the province of Quebec into Upper and Lower Canada.
Lower Canada retained civil law; Upper Canada quickly switched to common law

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British Common Law
Definition

British common law, also called traditional law, is law that has evolved from decisions of
English courts going back to the Norman Conquest in 1066. These earlier decisions set
“precedent,” which are used in future cases of a similar nature. Precedent can be overruled by
new laws, or statutes, passed by the appropriate government.

Today Common law is applied in most countries settled or ruled by the British. In Canada, law
in all the provinces except Quebec is based on common law

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Employment law

Like all other areas of contract law ,the basic principles apply . thus , without the essential elements of a contract , the contract would be void and there would be void and there would be no binding rights and duties . in addition to the rules of common law there are a wide ranging number of acts of parliament which govern different aspects of employment.

the employer's duties are a combination of both common law and statute . any unusual duty should be an express term of the contract.

The parties may make such terms as they wish ,provided they comply with basic contract rules and statutory restrictions .

Employers

The employer's duties are a combination of both common law and statute . any unusual duty should be an express term of the contract .

The parties may make such terms as they wish , provided they comply with basic contract rules and statutory restrictions .

employees

Rights of the employee

1-

right to pay while suspended on medical grounds - statute

at present , such a suspension will have been for a good reason to protect the health of the worker in religion to specific regulations concerning dangerous chemicals radioactive substances or lead
he is only entitled if he is still able to do the work and is not physically or mentally ill . he will lose this right if he refuses a reasonable offer of alternative work

2-

right not to have action taken against him for trade union activity or membership

under employment protection (consolidation) act an employee may not be prevented from or penalized for becoming a trade unionist or taking part in trade union activities nor may he be forced to become a trade unionist or a member or of a particular union or category of trade union .

if a closed shop exists an employee can not be forced to belong to a trade union . should pressure be brought on him , which led to his dismissal because he did not want to join the union then this would amount to a cause of unfair dismissal .

nor can he be forced to make a payment e.g. to charity , instead of joining the union .

UNITED STATES INTELLECTUAL PROPERTY LAW

It is that organize and safe the copyright ,it is an important for American libraries ,can you know that any webpage or site pages is automatically register and copyrighted by united states law ,whether you can officially note it with the united states library in copyright office or not .

The copy right is an important matter that carries implications for organizing the internet.

Law for the internet

The internet law $policy forum (ILPF)is created in 1995 to organize the new development of the internet through legal or law and public policy initiatives.
The for the internet is an international nonprofit organization whose member companies develop and refresh the internet n every aspect of business today.

The international law &policy forum provides the working groups a natural forum and international perspective in order to discover best practices and develop practical solutions for the multi-faceted challenges posed by the internet in the realms of law policy ,technology and business.

The nature law or the law of nature

Nature law

is a theory that posits the existence of a law whose content is set by nature and that therefore has validity every think. The phrase natural law is sometimes opposed to the positive law of a given political community, or state of nation, and thus can function as a standard by which to criticize that law. In natural law jurisprudence, on the other hand, the content of positive law cannot be known without some reference to the natural law (or something like it). Used in this way, natural law can be evoked to criticize decisions about the statutes, but less so to criticize the law itself. Some use natural law synonymously with natural justice or natural right although most contemporary political and legal theorists separate the two.

The idea of natural law in ethics has had a long and varied history – so much so . in fact that it is difficult to pick out the essential ingredients in a natural law ethic .

International law and development

International law may be an instrument for promoting development or
impediment to it . the ongoing discussion on international law and development reflects the view that a suitable international economic order is very pertinent for the realization of economic , social and cultural rights . this pertinence varies ,of course ,with the definition of both international law and development .

As for the latter it differs according to whether development is considered to be a legal concept which law may come to grips with either as a process or effort or as a result

The 1986 un declaration on the right to development defines development in the context of the emerging pertinent human right as an effort , i.e.

A comprehensive economic ,social ,cultural and political process ,which aims at the constant improvement of all individuals on the basis of their active ,free and meaningful participation in development and in the fair distribution of benefits resulting there from .

Peace and security

The un declaration on the right to development considering that international peace and security are essential elements for realizing the right to development states :

All states should promote the establishment , maintenances and strengthening of international peace and security and ,to that end ,should do their utmost to achieve general and complete disarmament under effective international control as well as to ensure that the resources released by effective disarmament measures are used for comprehensive development , in particular that of the developing countries

The united nation and the creation of the international law of an development

It is particularly through the development of legal instruments that the world community of nations attempts to provide for the basic conditions for social progress .

In a follow –up document , the secretariat submitted a list of over seventy –five international instruments reflecting existing (international commitments )relevant to social development along with a useful compendium of excerpts from many of these . this contribution is an illustrative ,but hardly complete ,effort to identify some of the sources and principles f the international law of development that has been generated by the U.N. system , particularly during the past to decade .

The international human rights law

The international human rights law was created by the international human rights instruments which are building to its parts .

In principle human rights law is enforced on domestic level and nation states that ratify humans rights treaties commit themselves to enact domestic human rights legislations.

More than a half –century has passed since the victorious allies brought the leaders of the defeated axis powers before international tribunals at Nuremberg and Tokyo .

the creation of these courts represented the opening act for one of the great developments in international law since international world war 2 -the prescription of an extensive corpus of law designed to protect all individuals from the abuses of their own governments . this law of human rights stands in contrast to the state –centric international law dominant since the late eighteenth century , which safeguarded individuals primarily vis –a-vis certain conduct by states other than their own –whatever enemy nations (the law of war ) or states where they might reside or set up a business (the law of international claims ).

The Nuremberg and Tokyo trials were also a watershed for recognizing that individuals and not merely states are responsible for violations of be held accountable . as any student of criminal law knows such accountability serves important goals in a civil society ,whether punishment , deterrence , reform , or a closure that can allow the victims to move on with their lives . although some acts ,Nuremberg and its progeny played a central role in established the legitimacy of international criminal law and propelled its development by the legal equivalent of light years . just as important as their impact on the substantive law , the postwar tribunals also represented a potentially powerful precedent for enforcing that law through international courts

The years after the war seemed to presage further advanced in the international criminal law of Nuremberg as states negotiated and concluded conflict in 1949 and the united nations international law commission began to draft a code of offenses against the peace and security of mankind . but the trend soon lost steam .although the international legal process led to the prescription of an impressive body of human rights law , governments did little to develop any mechanisms for enforcing that law through sanctions against individuals . the penchant of despots and fantastic for such abuse did not ,however ,abate .

Criminal Law

Criminal law or bend law which called with some people ,it is believed that the criminal law or criminal legal or bend law imposing sanctions for the crime society can achieve justice and in the Netherlands you will find the international criminal court ,the international criminal court building which attracts some of the worst criminals and war crimes with the international law (legal).

Criminal justice

Recent research in criminal justice reflects an increasing appreciation for the value of opinion surveys to determine and inform policies on crime and crime control .

International criminal law

Since 1945 a number of activities have been declared international criminal wrongs by international instruments which envisage punishment for the wrongdoer . while the list of such wrongs is still evolving a question arises as to the theoretical basis for imposing punishment upon individuals pursuant to international law . the purpose of this article is to resolve this question by discerning a consistent theoretical basis for punishments prescribed by international law

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Several writers maintain that the law of nations guarantees to every individual at home and abroad the so-called rights of mankind , without regarding whether an individual be stateless or not , or whether he be a subject of a member state - state of the family or not ,such rights are said to comprise the right of existence the right to practicing any religion one likes .

Criminal law and the enemies

Since 11 September 2001 , the themes of security and terrorism have dominated the media in the us as never before . the bush I administration has made the fight against terrorism a top priority of its security and justice policy . it has greatly reduced the fragmented nature of the enforcement organization . despite the criticism which was and still is being directed at the FBI for its defective handling of information to prevent the attacks on 11 September , its position has clearly been strengthened . the bush I administration has also created a new super ministry for domestic security .

In the first year after 11 September , public support for these reforms and for the special legislation was unquestioned . less of the rule of law and more security were accepted in board circles . by now , however , the practical implementation and the way in which the executive has relegated the legislature and judiciary to the sidelines have caused public support to encode considerably . the tone of the equality media has become much carper and congress is requesting the government to account for the anti-terrorism policy conducted .

Civil rights in united states of America

America's leading legal history journal, encompassing American, English, European, and ancient legal history issues. The journal's purpose is to further research and writing in the fields of the social history of law and the history of legal ideas and institutions.

History of civil rights

A bibliography of Oral History Interviews on the Civil Rights Movement in Mississippi.
University of Southern Mississippi Center for Oral History and Cultural Heritage and the Tungaloy College Archives.
A cornerstone of American public life, political culture, and private sphere, civil liberties continue to be at the forefront of modern political discourse. As government surveillance, reproductive rights, gay and lesbian rights and many other civil liberties issues repeatedly appear in the headlines of the news and media, it is important to understand the issues of civil liberties and the meaning of freedom in American life.

The History of the Mexican American Civil Rights Movement

__ The 1960s was a turbulent decade in American history, fraught with conflicts over issues from Civil Rights to the war in Vietnam. The Mexican American Civil Rights Movement, one of the least studied social movements of the 1960s, encompassed a broad cross section of issues—from restoration of land grants, to farm workers rights, to enhanced education, to voting and political rights.

a civil law country

is an
important determinant of constitutional instability among the continental American states.
Over time, civil law states tended to adopt relatively long constitutions that had a
relatively large share of super legislation. As noted by Friedman (1988), super legislation
creates a demand in state legislatures for amending and even replacing state constitutions.
The inclusion of statutory content of constitutions in civil law states created an
environment of persistent constitutional instability that has the potential to undermine
judicial decision making. Measures to limit super legislation within state constitutions
could lead to greater stability and possibly generate improvements in political freedoms,
the courts, and even economic outcomes. Whether this lesson drawn from the continental
American states applies more generally to countries such as Iraq and the post-socialist
countries in the Former Soviet Union is an open question and an area for future research.

Administrative law

Definition

Administrative law is the body of legal states regulating activities of executive branch entities

Administrative law is part of the public law which comprises also the constitutional law the constitutional law includes provisions related to the institution of the state it s political system the distribution of the state s powers and functions of the legislative and judicial branches .the entities of these branches are the organs through which the state governs.

The executives branch is charged with carrying thus , the executive branch is charged with the task of carrying out the laws and insuring putting them into effect ,as distinguished from the power to make the law and the power to judge them.

According to the constitution of 1971 the executive branch consists of :

1-the president of the republic

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2- the government ,i.e. ,the prim minister ,his deputies , the ministers and their deputies.

3-the local administration.

4-the national specialized councils.