Questions tagged [law]

The collection of binding customs or rules of a community prescribed, formally recognized or enforced by a community or controlling authority. When you use this tag, please consider if your question might be more appropriate on law.stackexchange.com.

Questions with the Law tag reference laws either singly or as a body. The tag itself is taken as a noun referring to:

  1. The principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision.

  2. Any written or positive rule or collection of rules prescribed under the authority of the state or nation, as by the people in its constitution. Compare bylaw, statute law. Source: Dictionary.com

In the United States, law is at the intersection of the judiciary, who interpret and apply the rules; the government, that is responsible for making rules; and the people with whom rests the ultimate authority for the body of laws, as exercised through the political system.

There are different systems of laws - Civil Law, Religious Law and Common Law. In the U.S. Common Law, based on both statue and precedent is used. Religious law is entirely separate from the government - the province only of churches and religious bodies. The First amendment of the U.S. constitution, through the establishment clause and the free exercise clause ("Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...") is a foundation for this separation.

The U.S. Constitution is the foundation and supreme law for all U.S. laws, rules, statutes created by governments (federal, state and local). Laws made as well as judicial precedents are ultimately measured against the constitution.

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What is the motivation for a law requiring 2 parties to consent for recording a conversation

I asked this question in the law site, but I was told it has more to do with politics (same question in the law site). Let's assume A and B have a discussion about a business deal and A will record the conversation without B's knowledge. Later on,…
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What is the oldest law still in force?

In particular, what is the oldest piece of written law (whether statute, constitution, decree or similar) that is still in force somewhere in the world? Alongside that, what is the oldest law still in force which has been shown to still be relevant?
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What is the purpose of issuing laws/regulations without penalty?

At the beginning of November, Romanian government approved significant fiscal changes: The Government passed the highly criticized measure of transferring most social contributions from the employers to the employees Since most labor contracts…
Alexei
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Why can't people consent to be killed in many countries?

My friend and I had an argument about the subject. He argued that in some circumstances it should be legal to consent to be killed (e.g. if the dominant kills the submissive during the BDSM session and both are OK with that). I found that idea…
Yuki Endo
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Why are bulletproof vests illegal in many countries?

I read this on the Wikipedia page for bulletproof vests: In European Union import and sale of ballistic vests and body armor are allowed in Europe, except protections that are developed under strict military specifications and/or for main military…
macco
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What is a moral panic?

I know - and have used the phrase - moral panic. I've read Marshal McLuhan's Understanding Media but I've come across several uses of "moral panic" that makes me interested in delineating what is, and what is not, a moral panic. A law.stackexchange…
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Why are punitive damages not awarded to the government in a civil litigation

In a civil litigation generally a person versus a company, when a person wins against a big company we often see a huge sum of punitive damages being imposed on the company and that sum goes to the person. In my understanding the total figure of…
qstack
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Are sunsetting provisions successful in reducing bureaucracy?

A lot of people in the Good Government movement advocate Sunset provisions for laws: Sunset Provisions Sometimes Congress passes laws with an expiration date, known as sunset provisions, because the laws will end at a specified time. For a program…
Christian
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Does the state has the legal obligation to enforce the law?

With the implementation of open government initiatives (i.e. data from the state is public), it is easy today to check whether specific laws are or not being followed by public or private entities. The situation is: given that this data is public,…
Jorge Leitao
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Why is assisted suicide / voluntary euthanasia legal in so few countries?

According to this paragraph from Wikipedia we find out that: voluntary euthanasia was legalized in Colombia (in 1997),[69] the Netherlands (in 2002), Belgium (in 2002), Luxembourg (in 2008),[70] and Canada (in 2016). So, there is only a…
Alexei
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What modern state has the lowest effective age of consent?

I've been trying to answer this question on my own, with no success, mostly because it's not often clear what the official law is and what is actually enforced. Hopefully this question isn't too broad, since there should be a single concrete…
user2821
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Are there politics related to eugenics?

According to Wikipedia: Eugenics is a set of beliefs and practices that aims at improving the genetic quality of a human population. And from this site (also Wikipedia): In 1907, Indiana passed the first eugenics-based compulsory …
user23698
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Why not to make law by demand by commitee of experts

I wonder why there is a need for parliaments. Many countries have something like a parliament formed of elected politicians. The problem behind that is that in order to get (re-)elected, politicians become dependent on the public consent. However,…
user16984
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Reasons for differences in U.S. laws and equivalents in a foreign country?

From time to time, there will be a difference between a U.S. law and its equivalent in a foreign country. The one that I find most striking is the one regarding liability if a taxi driver causes an accident in Turkey, versus the United States.…
Tom Au
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Is copyright transfer agreement really a boon for academic environment?

Today Scientific journals can be cited on internet easily, moreover the research work is funded by the people through government as taxes. So why is there such commercial publishing of these research papers where people again need to spend money for…
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