Law and Religion

The different religions around the world, all have their own laws and regulations as to how their followers and devotees should conduct themselves. Thus religious law is based on certain concepts, principles and values which are inherent within that particular religion. There are many religious laws and some of the most important examples would be the Sharia which is the Islamic Law. Then there is also the Halakha which is the Jewish religious code of law. These codes of law are usually very strictly followed by the devout worshippers of their religions. Both the aforementioned laws mean “path to follow”, in their respective languages.

While these forms of religious law exist, there are certain church communities all over the world where the ancient Christian canon law still survives very strongly indeed.

One of the main aspects of religious law is the fact that religious law implies that it is the codified word of God and hence, nothing in that code can be altered or modified, since it is the sacred word of God and to do anything with it, is basically defiling the holy or sacred nature of the matter and thus rendering it blasphemous. However, at times, the legal system needs to complement the religious legal system. Thus at times a certain human intervention is always required.

For example, certain aspects of the Islamic Law are very interesting and deserve a mention here.

There is Qiyas which means reasoning through analogy or example and then there is also Ijma or consensus and also precedent. These are some of the aspects of Islamic Law in the Qur’an. All these aspects are collated into a body of legal discipline and these are called Sharia and Fiqh. In the Jewish Law there is the Torah or Old Testament. There is the Five Books of Moses or what is known as the Pentateuch. This is the book that contains all the basic principles of Jewish Law and this is used by most of the Jewish communities.

There is also the Jewish Halakha which has some of the basic religious precepts from the Talmud and has some of the interpretations from the Talmud as well. As for the Christian Canon Law, only a few church communities use it and these include the Roman Catholic Church, the Eastern Orthodox Church as well as the Anglican Communion. These are the only clergy who use it. Even till the 18th century, the Sharia was followed by all Muslims in a very loosely knit and non codified manner. This continued until the 19th century, when the Ottomans developed the Mecelle Code and this was the first effort to codify the Sharia. After that, there have been many more efforts to officially codify the Sharia over and over again. There are certain countries like Egypt and Afghanistan which recognize Islam as the state religion and therefore follow the Sharia as a legal system as well. Saudi Arabia has the Qur’an as its constitution as well.

Whilst reading up on legal matters do not overlook the importance of complying with uk government regulations when hiring the services of a contractor umbrella

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Some branches of law

Here are some branches of law that are generally concerned with regulation and suchlike functions within the legal sphere.

Firstly there is Tax law, This is very self explanatory and deals with the rules and regulations on VAT or Value Added Tax, corporate tax, income tax and so on.

Then comes Banking Law. This discipline along with financial regulations does the vital task of setting a certain ceiling or standard to the amount of capital that a bank can hold or keep. Also, there are certain rules and regulations set for investment and better investment practices as well. This step is basically taken to ensure a certain degree of financial safety and security in case there is some sort of an economic crises. A burning example of an economic disaster would be the current economic recession that the global economy is still dealing with.

Regulation is another branch of law that deals with the regulations of public facilities and utilities. For example, there is the water law.  Since the onset of privatization, even services like the public utilities have gone under private management and been taken away from the monopoly of the government. Nowadays, these provisions are managed by the private companies which had previously been done by the government. There are certain industries that are regulated in some countries and these are energy, water, gas and telecoms as well.

Then comes the Competition law, This is known as the antitrust law in the United States of America. This law goes back very far in the stages of history up to Roman history as well. This discipline of law is a very dynamic discipline and has really evolved over time. During the Roman times, there had been certain laws prevalent against price fixing and also there has been the restraint of trade doctrine. There is the modern competition law and that has happened with the United States anti-cartel and the anti-monopoly laws. These two laws are the Sherman Act and the Clayton Act respectively. The purpose of the competition law is basically to control the amount of competition and prevent any particular enterprise from monopolizing and influence the market such that others are put at a disadvantage for their gain. The welfare and betterment of the consumer is the primary goal here.

Then there is the specific Consumer Law which is again directed at protecting the rights of the consumer and making sure that they do not fall victim to any unfair business practices. This is a very wide ranging statute and includes many consumer related issues including unfair contracts and their clauses, airline baggage insurance and basically anything under the sun that can influence the consumer or can have any effect on the consumer.

Environmental Law talks about climate change and regulate the polluters in the atmosphere. This is very important in light of the increasing global crises in the world with relation to environment.

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Property Law

Firstly, let us look at some definitions of property. According to Roman Law, property is basically means that one has the right to use something in which ever way providing that it is within the limits of the law. Black’s Law Dictionary says that, in the strict legal sense, [property is] an aggregate of rights which are guaranteed and protected by the government”

This is another law which is of prime importance and especially so, in countries hailing from a primarily capitalist background. The function of laws on property is to regulate possessions belonging to people and institutions as well. There are different kinds of property as well and these include real property, personal property and so on. Under personal property there are further subdivisions of intellectual property, company law, trusts and commercial law as well. Here you may ask as to what is “real property”? Real property is basically called “real estate” and covers land and all the things attached to that particular land. Personal property includes movable assets and can include everything else, right from jewelry, gadgets, cars, and even property which cannot be seen, touched or felt, but exist on paper, like stocks, shares and so on.

One of the most complicated forms of law or rather, property law, is that of land law. There are many aspects which fall under the purview of land law and these include mortgages, licenses, agreements or covenants, easements, rental negotiation and so on. Within the purview of the civil law system there is always a very clear distinction between what is known as movable and immovable property. Movable property is like personal property while immovable property concerns real estate which is also called real property. And as is obvious, there are certain rights and duties which are associated with real estate or real property.

There is however, a difference between property rights and contractual rights. Property rights are rights which are prevalent over objects which can be enforced against other people. Contractual rights on the other hand are different. These are rights which can only be enforced or implemented only certain people. There are certain times or situations when and where both these kinds of rights can overlap and this is when there are certain property rights which originate from one particular contract. For example damages are sued for on the contract and here both the rights are required. So there are always certain exceptions. Then again, property rights are also different from personal rights.

Real property generally has two sub-divisions.

Firstly, there are corporeal here ditaments.  This term refers to real property like land which can be touched or felt. That is, tangible property basically.

Secondly, there are incorporeal here ditaments. This concerns real property which is intangible. An example could be an easement of way.

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Law in the financial sphere

There are many disciplines of law that govern and regulate matters in the financial sphere. Here are some of the important ones.

Company Law - This branch of law has developed from the concept of the law of trusts. There is a principle where there is a clear separation between the ownership of property and the control of property. The company law of the modern times and as we see it today all started with the Joint Stock Companies Act of 1856. This law was passed in the United Kingdom. This law enabled all the investors to easily register themselves and then gain a limited liability.

Commercial Law – Is yet another branch of law which deals with certain other issues like contract and property law under its purview and control. There are many other legal subjects that full under its regulation and these include law of agency, sales law, insurance law, insolvency, bankruptcy law and  bills of exchange as well. There are two main acts which have been crucial in the formation of the modern commercial law that everyone deals with today. These two acts are The UK Sale of Goods Acts and the US Uniform Commercial Code. These two acts have the main principles that define the code of commercial law.

Admiralty Law – Is called Law of the Sea and this basically regulates the trading and transport across the seas and oceans of the world. This law tries to regulate the traffic across the waters which are outside the boundary and hence outside the control of the country. There is the difference with the ordinary commercial law that the shipping companies operate with. The admiralty law encompasses many other things as well and these include salvage, maritime liens, and even damage done to passengers and so on. This is basically a very wide ranging legal discipline which tries and regulates the order of the water bodies which include the seas and the oceans.

Intellectual Law – Comes into play when it tries to protect the original work of the creators along with the work that they are aiming to preserve. It is all about regulating intellectual property and all the rights that come along with it. These include copyrights, trademarks, patents, and related rights. All these arise in the industrial, literary, artistic and other suchlike related fields.

Restitution – Is the law which deals with the process of giving back a certain object to its rightful owner as gain through the task of recovery.

Unjust enrichment – Is another branch of civil law where if someone has gained or been enriched on an unfair or unjust basis, then that particular transaction can be reversed or revoked. This revoking can be done even if that transaction had no solid basis to it. The unjust enrichment law is the third pillar of civil law and the other two are contract and tort.

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Kinds of tort law

Tort law basically protects people or individuals who have been caused injury of any sort by other parties and seeks to get compensation for the injured parties. Under this there are many categories of torts that are there as legal disciplines. There is one traditional way of dividing them into two sub divisions of Negligence Torts and Intentional Torts.

One of the main aspects of tort law is that of negligence. Here one can claim damages or even injunctive relief. In these cases, the legal rights and the property of people are protected and also financial interests as well. Usually such claims of negligence come from situations like automobile accidents, and even cases where the party was injured personally injured some way or the other. Another cause in negligence cases is that of product liability as well. Now comes the intentional torts as well. In these cases of intentional torts there are torts which develop over land occupation and disputes over that. Among these intentional torts, there is the tort of nuisance where a neighbour interferes with his neighbor’s property. Then there is the aspect of trespass which provides for those who would like to sue a party for an invasion on to their private property in anyway what so ever. There is a false imprisonment tort and also a defamation tort where someone makes a charge or a statement about someone else which is not supported by evidence and yet can be damaging to the other person’s reputation.

Then comes the statutory torts which are very similar to some other torts. However, as the name goes, these torts are not created by the courts of law but by the legislative bodies and the legislators. There are many such torts and one such important one is the “consumer protection” tort. Here there is a strict product liability where businesses and commercial enterprises are responsible to their customers about the products they are providing and must pay for it if there is any harm committed to the customers on their behalf. These statutory torts also regulate safety of the employees in the workplace and laws about health and safety as well.

The nuisance torts use the legal definition of nuisance which has three meanings. Firstly a nuisance is an activity which can be damaging to others. Secondly the harm which is causes as a result of the activity also falls under the nuisance. And thirdly, the legal liability which emerges as a result of the two aforementioned conditions.

The defamation torts are growing increasingly common. This basically implies wrecking somebody’s reputation by passing baseless allegations against that person. There are two aspects of defamation and those are slander and libel. Slander is the kind of defamation that is verbal while libel is in media which can be print or even broadcast. There are many actions that are classified under the defamation torts and these include misappropriation of publicity, invasion of privacy, and disclosure. Abuse of process and malicious prosecution.

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