Big Ideas Simply Explained - The Law Book

["LAW IN THE MODERN AGE 301 See also: The Geneva Conventions 152\u2013155 \u25a0 The Hague Conventions 174\u2013177 \u25a0 The Nuremberg trials 202\u2013209 \u25a0 The Genocide Convention 210\u2013211 \u25a0 The United Nations and International Court of Justice 212\u2013219 the way that armies fight and other Since 2016, more than 1 million The crime of aggression is the issues around a conflict, such as the Rohingya people of western Myanmar use of armed force by one state treatment of prisoners of war. War have been forced out of their country against the \u201csovereignty, territorial may involve killing, but engaging in in what the UN has called an act of integrity, or political independence\u201d conduct such as ordering troops to ethnic cleansing. of another. Unlike the other crimes, kill enemy soldiers running away aggression deals with the process or surrendering\u2014as Rwandan In both Kenya (2007\u20132008) and the of starting wars. It was not included commander Bosco Ntaganda did Ivory Coast (2010\u20132011), organized in the original draft of the Rome in eastern Congo\u2014is a war crime. violence in election campaigns\u2014 Statute, but in 2010, the Statute was including mobs murdering political modified to include it. It was only In 2016, the ICC convicted rivals and opposition supporters activated in 2017, when enough Ahmad al-Mahdi for the war crime being beaten up\u2014was deemed states agreed to the definition. of intentionally targeting religious to constitute a crime against and cultural sites in Timbuktu humanity. Prior to his death in Who the ICC can prosecute during fighting between insurgents 2011, the ICC was investigating Because the ICC does not have the and government forces in Mali. Colonel Muammar Gaddafi for capacity to prosecute every single ordering armed retaliation against international crime, it focuses Crimes against humanity differ protestors. In 2019, the ICC agreed on the most serious cases and from war crimes in that their target to open an investigation into on those who have what it terms is civilians, not soldiers. Murder, whether the forcible deportation \u201csuperior responsibility.\u201d Article 28 enslavement, torture, deportation, of the Rohingya people from the of the Rome Statute makes a and a number of other practices north of Myanmar is a crime military commander responsible are considered a crime against against humanity. for the crimes of the soldiers under humanity if they are perpetrated in their command and makes political an organized armed attack against Genocide is an attempt to leaders responsible for controlling a civilian population and if the destroy in whole or in part an the police and military in their commanding officer of the group ethnic or religious group. It was country. When a country signs up to carrying out that armed attack had originally codified in the Genocide the ICC, it is expected to incorporate knowledge, or ought to have known, Convention in 1948. People have all of the definitions of international of the attack. Sexual violence and the been prosecuted for genocide in crimes within the Rome Statute \u276f\u276f punishment of civilians are classified the special tribunals in Rwanda as crimes against humanity. and the former Yugoslavia. The We can always do more. We ICC has only charged one person can always do better. And we Jurisdiction of the court with genocide to date: former should not rest as long as there shall be limited to the most Sudanese president Omar al-Bashir, is one perpetrator that did not serious crimes of concern who was charged in 2010. answer for his crimes. to the international Judge Song Sang-hyun community as a whole. Article 1 of the Rome Former president of the ICC (1941\u2013) Statute of the ICC, 1998","302 THE INTERNATIONAL CRIMINAL COURT If a crime prosecutable by the ICC is committed, there are three ways to bring a case. The government of the The prosecutor of the The UN Security country in which that ICC can authorize an Council instructs the ICC to investigate the case. crime is committed refers investigation into a situation the case to the ICC in a country that is for prosecution. signed up to the ICC. into its own domestic law. People The president of Kenya, Uhuru humanity, war crimes, and who commit international crimes Kenyatta, was charged with crimes genocide in the Darfur region can then be dealt with in their own against humanity in relation to of Sudan. He was the first head of country. The ICC only prosecutes incidents of postelection violence state to be indicted by the ICC. The someone when a country is in Kenya in 2007 and was referred Court followed the principle that unwilling or unable to do so. This to the ICC 3 years later. He was even heads of state cannot expect is known as the complementarity one of six suspects considered legal immunity from prosecution in principle, but it has been criticized responsible for instigating the the context of such serious charges. as skewed, because it is easier for violence, but the charges against richer countries with more developed him were later dropped due to a Criticism of the ICC and stable legal systems to carry out lack of evidence. In 2009, the ICC To date, the US, Russia, and China prosecutions than those where, issued an arrest warrant for Omar have refused to join the ICC. Because for example, the legal system may al-Bashir, the then president of these countries are permanent have collapsed. Sudan, for crimes against members of the United Nations Security Council, there is no effective way to prosecute any crimes committed by them on their own territory, because they can simply veto any UN Security Council Resolution involving the ICC. However, that evasion does not apply with alleged crimes they commit on the territory of an ICC member. Both the UK and France are permanent members of the UN Security Council and the ICC. The ICC conducted an investigation into the conduct of British forces in Iraq in the mid-2000s, but this Sudanese president Omar al-Bashir (center, holding up his cane) was charged with instigating the Darfur genocide, the first of the 21st century, in which up to 400,000 people died.","LAW IN THE MODERN AGE 303 Don\u2019t be vague. Court being criticized as a Fatou Bensouda Go to The Hague. neocolonial institution and some Kenyan politicians countries threatening to withdraw Former lawyer and Gambian from the ICC. Other countries have justice minister Fatou Bom Referring to tried to withdraw in protest at the Bensouda was born in 1961, election violence cases, 2007 ICC beginning an investigation in and has served as the ICC\u2019s their country. In 2018, when the ICC prosecutor since 2012. As ended without any indictments. The began investigating the government such, she is responsible for ICC has recently tried to expand of the Philippines for crimes against making decisions on which its scope by ruling that it can hear humanity committed during its suspects to investigate and cases relating to countries that are \u201cwar on drugs,\u201d it officially withdrew then which to prosecute for not ICC signatories if the cases from the Court. international crimes. The concern refugees who have fled from prosecutor\u2019s office is a nonsignatory nation to a signatory Only a handful of people are independent of the Court, one. In 2019, lawyers filed a case on serving sentences as a result of so to open an investigation, behalf of Syrian refugees (Syria is convictions by the ICC. Canadian the prosecutor needs to not a signatory to the Rome Statute) professor of international criminal apply for permission to a who fled to Jordan (which is). law William Schabas described panel of judges at the ICC. the progress of the ICC as \u201cglacial\u201d The majority of cases that in its early years. Even where During her term in office, have come before the ICC are cases have resulted in a conviction, ending in 2021, Bensouda has from Africa, which has led to the there have been some high-profile broadened the focus of the appeals. In 2016, Jean-Pierre Bemba ICC, launching investigations Gombo, former vice president of into possible war crimes in the Democratic Republic of Congo, Afghanistan, Israel, and was convicted for war crimes and Myanmar and Bangladesh. crimes against humanity when the She has also tried to increase militia he commanded was found the number of prosecutions to have carried out massacres in for rape and the exploitation the Central African Republic in of women in armed conflict. 2003. The conviction was later overturned on appeal because of procedural errors in his trial. Despite these criticisms, the ICC remains an important forum for investigating some of the deadliest atrocities taking place around the world. \u25a0 There must be justice. There must be fairness. Fatou Bensouda Chief prosecutor of the ICC In 2016, the ICC convicted former Congolese vice president Jean-Pierre Bemba Gombo of murder, rape, and pillaging. However, the conviction was overturned in 2018.","304 FDAOIPRINPGLADYESTROYS DTHOEPIINNGTEINRNSAPTOIROTNA(2L0C0O5N) VENTION AGAINST IN CONTEXT T he use of performance- the legal authority of the United enhancing drugs in sports Nations to deal with it. As the UN\u2019s FOCUS was widespread long before Educational, Scientific, and Cultural Sports law the adoption of the UNESCO anti- Organization (UNESCO) considered doping convention in October 2005. sports to be \u201can educational tool,\u201d BEFORE In 1967, the International Olympic it took on the role. Its convention 1960 Danish cyclist Knud Committee (IOC) published a list of was ratified in 2007, and signatory Jensen dies during the Rome prohibited substances, and in 1988, nations are bound by international Olympics; he is later found to Canadian sprinter Ben Johnson law to its provisions. Much of the have taken amphetamines. was stripped of his gold medal at practical work falls within the remit the Seoul Olympics after testing of other bodies, including the 1966 Cycling and soccer positive for anabolic steroids. World Anti-Doping Agency (WADA), introduce mandatory drug established by the IOC in 1999. It testing in world championships. The scale of the problem was cooperates closely with national such that, by the early 21st century, organizations and is party to the 1972 Drug testing is used at it was deemed necessary to invoke World Anti-Doping Code, first issued the Summer Olympic Games. in 2004 and regularly updated. Marion Jones (center) won three gold 1988 Systematic drug abuse is and two bronze medals for the US at In many cases, the motive for revealed in the Tour de France. the 2000 Olympics. She initially denied doping in sports (namely, cheating) accusations of doping but 7 years later is a simple matter of an individual\u2019s AFTER admitted to steroid use. ambition. But the practice also 2009 The Athlete Biological occurs as part of deliberate state- Passport is introduced; each sponsored initiatives. East Germany individual\u2019s drug tests are was the first country to introduce recorded electronically. systematic doping, in the 1970s. In 2016\u20132017, WADA cited Italy, France, 2016 The McLaren Report and the US as having the most claims that over 1,000 Russian athletes violating the Code, and athletes were implicated in bodybuilding, athletics, and cycling state-sponsored doping abuses as having the most violations. \u25a0 between 2011 and 2015. See also: DNA testing 272\u2013273 \u25a0 The Portuguese drug strategy 290\u2013291 2018 Russia is banned from \u25a0 The Match-Fixing Task Force 306\u2013307 the Winter Olympics.","LAW IN THE MODERN AGE 305 CTAHGLIEAMIBNAASTTTETCLHEANGE THE KYOTO PROTOCOL (2005) IN CONTEXT T he Kyoto Protocol, adopted Given the monetary cost of the in 1997 and enacted in 2005, reforms needed, not to mention FOCUS was the first agreement the lifestyle changes required, Environmental law between industrialized nations to results have been mixed. While make defined reductions in their some countries have met their BEFORE emissions of greenhouse gases. The targets, political leaders have 1988 The Intergovernmental Protocol built on the United Nations clashed over the complex issue Panel on Climate Change Framework Convention on Climate of the relative responsibilities of (IPCC) is established. Change (UNFCCC), adopted at the developed (signatory) nations and Rio Earth Summit in June 1992. of major emerging economies. 1992 At the Earth Summit in The signatories to the UNFCCC Meanwhile, global emissions and Rio de Janeiro, Brazil, the first have met annually since 1995 at temperatures have continued to rise. \u25a0 international goals for emissions Conferences of the Parties (COPs). reduction are adopted. The targets of the Kyoto Protocol Stabilization of greenhouse are binding under international law. gas concentrations in the 1997 The US Senate refuses to atmosphere [to] prevent ratify the Kyoto Protocol, on the In signing the Protocol, parties dangerous anthropogenic basis that developing countries acknowledged that emissions from are exempt from compliance. burning fossil fuels are leading to interference with the potentially catastrophic increases climate system. AFTER in the world\u2019s temperature, with 2009 The Copenhagen predicted consequences including Objective (Article 2) Summit ends in stalemate\u2014 rising sea levels; species extinction of the UNFCCC no legally binding and biodiversity loss; and increases commitments are made. in extreme weather events such as floods, droughts, and wildfires. The 2015 The Paris Agreement goal of limiting the increase in global sets nonbinding targets to temperature to less than 3.6\u00b0F (2\u00b0C) limit the global temperature by 2100, as set out in the Paris rise to 3.6\u00b0F (2\u00b0C) by 2100. Agreement at the 2015 COP, would demand unprecedented efforts. 2017 President Donald Trump withdraws the US from the See also: The United Nations and International Court of Justice 212\u2013219 \u25a0 The Paris Agreement. Endangered Species Act 264\u2013265 \u25a0 The World Network of Biosphere Reserves 270\u2013271","306 ITATHG\u2019SEASISNEPSOPTEROTPLE THE MATCH-FIXING TASK FORCE (2011) IN CONTEXT S ports in all its forms has long-standing method of cheating long been associated with was to induce competitors to FOCUS betting. And the potential deliberately \u201cthrow\u201d (lose) a game Sports law for illegal gambling activities to so that the result of any sporting damage the integrity of sports event could be determined in BEFORE has always been a threat. advance. Criminal gambling 1919 Baseball team Chicago organizations could reap vast White Sox are bribed to throw However, attempts to tackle rewards in this way, placing bets the World Series, sending that threat took a new turn in 2011, on the basis of inside information. shock waves across the US. when INTERPOL (the International INTERPOL described such match Criminal Police Organization) fixing as a trillion-dollar industry. 2010 A confidential FIFA established its Match-Fixing If sports were to retain its integrity, report leaked to the press Task Force (IMFTF). The reason eradicating such corruption had suggests some friendly games was simple: sports had become become essential. were fixed in the run-up to the a vast global business that World Cup. was increasingly vulnerable to Global networks systematic efforts to cheat. One The epicenter of illegal betting 2011 Istanbul police arrest syndicates is Southeast Asia, 60 people on suspicion of The involvement of organized where many sports are accused match fixing in Turkey. crime in the manipulation of of corruption, with team owners, sports competitions makes referees, and players all implicated. AFTER 2013 Alleged match-fixing this phenomenon a global From about 2010, the Asian syndicate leader Dan Tan is threat to the integrity and syndicates turned their attention to arrested by Singapore police. the global stage. Although sports ethics of sport. played by individuals are easier to 2014 The Council of Europe The Council of fix than team sports, the latter are Convention on the Manipulation Europe, 2019 prime targets because their global of Sports Competitions is popularity generates so many bets. signed; it comes into force One example was the Pakistan in September 2019. cricket team, with two of its players found guilty of deliberately bowling 2016 Tennis star Novak no-balls at predetermined moments Djokovic claims he was asked during a Test match in 2010. This to throw a match in 2007. practice of fixing a specific aspect","LAW IN THE MODERN AGE 307 See also: INTERPOL 220\u2013221 \u25a0 The International Criminal Court 298\u2013303 The Kelong King \u25a0 The International Convention Against Doping in Sport 304 Born in Singapore in 1964, Tan Sports is a target for betting syndicates everywhere, Seet Eng, also known as Dan and the possibilities for match fixing are clear. Tan, was once described by INTERPOL as \u201cthe leader of Southeast Asia sees a As sports becomes a global the world\u2019s most notorious huge expansion in match- industry, the rewards for match-fixing syndicate.\u201d Widely fixing crime syndicates. known as the \u201cKelong King\u201d illicit betting grow. (\u201cCheating King\u201d), Tan is alleged to have started Law enforcement Cross-border match fixing in Singapore agencies worldwide share investigation has in the early 1990s, working intelligence to help battle with an associate, Wilson achieved some Raj Perumal, and was briefly criminal organizations. success against jailed for illegal bookmaking. By 2010, Italian soccer match fixing. had allegedly become his target, with games fixed in of a game\u2014unrelated to the final focused on the bidding process that conjunction with crime rings result\u2014is called spot fixing and led to FIFA awarding the hosting in Eastern Europe. can involve huge sums of money. of the 2022 World Cup to Qatar. Tan and Perumal were Working with a global network The extent to which any also alleged to have fixed of law enforcement agencies, the organization could hope to end matches in Hungary, Nigeria, IMFTF shares intelligence and corruption on such a scale is limited, and Finland. In 2011, Perumal provides a platform for cross-border and online betting has made was arrested in Finland and investigations. In one success gambling even more attractive to denounced Tan, claiming that story, Dan Tan (see box, right) criminals. Yet by reaching across he was the ringleader of a was arrested and detained in borders, INTERPOL has had some global match-fixing network. Singapore. In 2011, FIFA, the success in stemming the problem. \u25a0 In 2013, Tan was arrested by international governing body of Singapore police under the soccer, agreed to grant millions terms of a local law and of euros to INTERPOL for an anti- detained with no formal corruption training program. charges. Released in December But FIFA was itself rocked by 2019, he still faces charges in scandal, with charges of corruption Italy and Hungary. He has against many of its top officials\u2014 denied any wrongdoing. including its president, Sepp Blatter\u2014and allegations of bribery South African cricket captain \u201cHansie\u201d Cronje (foreground) was barred from the sport for life in 2000 after admitting to match fixing. He died in a plane crash in 2002.","308 BTHEEFORRIGGHOTTTTOEN GOOGLE SPAIN V. AEPD AND MARIO COSTEJA GONZ\u00c1LEZ (2014) IN CONTEXT I n 2009, Spanish businessman to take down the notices, pointing Mario Costeja Gonz\u00e1lez was out that it had been legally obliged FOCUS searching for his name on to print them, and Google was Privacy law the Google search engine when similarly uncooperative. Gonz\u00e1lez he came across two legal notices went to court. BEFORE that had appeared in a Spanish 1995 The EU creates its Data newspaper 11 years earlier\u2014official The Spanish Data Protection Protection Directive aiming to acknowledgments that his house Agency agreed that Google should safeguard any individual\u2019s had been forcibly sold to clear a \u201cdelist\u201d the links to Gonz\u00e1lez\u2019s personal information. debt. When the newspaper digitized earlier financial misadventures, but its old editions, Google had created it had no means of compelling the AFTER a link to the notices. The issue company to obey. A Spanish court 2003 American singer\/actor was a matter of public record, but found itself unable to rule on the Barbra Streisand attempts to it meant that Gonz\u00e1lez\u2019s former matter, so it was referred to the suppress online images of financial woes were now available EU\u2019s highest court, the European her home, giving rise to the for anyone to access online. Because Court of Justice (ECJ). The case \u201cStreisand effect\u201d of creating he worked as a financial adviser, raised two fundamental questions. even more interest in them. this was potentially damaging for First, is there a legal \u201cright to be his career. The newspaper refused forgotten,\u201d with the past deemed 2015 France\u2019s regulatory body legally irrelevant? And second, if CNIL (National Commission on such a right exists, how can it be Informatics and Liberty) tries applied to the internet? to force Google to apply EU rules on privacy worldwide. Mario Costeja Gonz\u00e1lez refused Public interest to disclose how much money he In its defense, Google argued that, 2016 The General Data spent on his legal battle with Google, as an American company, it was Protection Regulation (GDPR) is insisting that it had been a fight for answerable only to US law; it approved by the EU Parliament. ideals, and those ideals had won. was not the \u201cdata collector\u201d and provided no more than a search 2019 The ECJ concedes that engine to signpost information its attempt to legislate for a held by others; and because the global enforcement of the right information about Gonz\u00e1lez was to be forgotten has to be demonstrably true, any attempt restricted to Europe. to suppress it represented an assault on freedom of expression\u2014","LAW IN THE MODERN AGE 309 See also: The US Constitution and Bill of Rights 110\u2013117 \u25a0 The European Convention on Human Rights 230\u2013233 \u25a0 The European Court of Justice 234\u2013241 \u25a0 The WIPO Copyright Treaty 286\u2013287 \u25a0 The Open Internet Order 310\u2013313 The criteria used to impose to freedom of expression (including European data regulators the \u201cright to be forgotten\u201d were freedom of the press) trumps all should not be able to others. On the other hand, French impossible to define from law has enshrined le droit \u00e0 l\u2019oubli determine the search results a legal point of view. (\u201cthe right to be forgotten\u201d) since that internet users around Enrique Dans 2010, valuing privacy protection as the world get to see. a fundamental human right, one that Thomas Hughes Spanish professor of information should take precedence over the systems and innovation, 2019 right to unfettered expression. A Executive director of second issue is that internet content privacy group Article 19, 2019 is effectively subject to no single law, national or international. One more impassioned critic of the ECJ ruling wondered why a law outlawing gravity had not been passed at the same time, because it would have had about as much effect. in other words, the forced sale of Major concession was bound to be rendered irrelevant Gonz\u00e1lez\u2019s house was a legitimate In 2019, the ECJ conceded that in a digital world driven by a desire matter of public interest and should its restrictions could only apply for instantly available information. not be made to disappear. to Europe. A key objection to the What was intended as a serious ECJ\u2019s ruling had been that whatever reevaluation of legal rights to The ECJ ruling Google may have been forced to privacy in a new digital world Any rulings by the ECJ are initially \u201cdelist\u201d was still available to anyone ended in farce. Gonz\u00e1lez embarked subject to a preliminary decision by with internet access\u2014the link on his campaign against Google to an advocate general who, in 2013, could be removed, but not the protect his privacy but ended up dismissed Google\u2019s first argument, content. Any legal judgment, known around the world for the very arguing that Google Spain was a however powerful, that sought to thing he wanted to be forgotten. \u25a0 Spanish company and so was defend the \u201cright to be forgotten\u201d subject to European law. He supported the company\u2019s other The role of an advocate general objections, and it was assumed that the ECJ would follow suit. In September 2019, when the those cases where the Court ECJ reluctantly agreed that the considers a new point of law is In 2014, however, in a verdict right to be forgotten can only be raised. An advocate general is that stunned many, the Court applied to EU member states, allocated to each such case, and determined that Google is a \u201cdata it did so on the advice of Polish he or she has the authority to collector\u201d and so is responsible for advocate general Maciej question the parties in dispute. whatever information its searches Szpunar. Five years earlier, Although their role is advisory, bring up. And it ruled that online when it ruled that Google was the \u201creasoned submissions\u201d data could be removed if it was responsible for data brought they produce are followed in deemed to be \u201cinadequate, no longer up by it, it did so against the most cases by the ECJ judges relevant, or excessive \u2026 in the light advice of another advocate when they deliberate. There are of the time that had elapsed.\u201d general, Finn Niilo J\u00e4\u00e4skinen. 11 advocates general who are nominated by EU member The 2014 ECJ ruling highlighted The advocates general act states, and they serve a term some of the key cultural and legal independently of the ECJ\u2019s own of 6 years. differences between countries. On judges, and they examine only the one hand, in the US, the right","310 IN CONTEXT OAPFERNEEINATNEDRNET FOCUS Internet law THE OPEN INTERNET ORDER (2015) BEFORE 1996 The Telecommunications Act regulates only existing cable-modem ISPs in the US; broadband ISPs are exempt. 2010 Chile is the first country in the world to enshrine net neutrality in law. 2014 In an FCC poll in the US, 99 percent of replies support net neutrality. AFTER 2015 EU Regulation 2015\/2120 seeks to protect equal network access in Europe. 2017 The FCC reverses its 2015 ruling with a Restoring Internet Freedom Order. 2019 The District of Columbia Court of Appeals supports the FCC\u2019s decision to end net neutrality. A lmost no question about the internet and its future in the US has proved more contentious and troubled than that of net neutrality (a term coined in 2003 by Tim Wu, a law professor at Columbia University). Net neutrality is the principle that access to all content and services on the internet should be free from interference by internet service providers (ISPs). It concerns only the delivery mechanism of digital data; it does not alter the digital data itself. However, net neutrality does determine not just how information can be accessed but, in practice, what information can be accessed. Given the ubiquity of the internet","LAW IN THE MODERN AGE 311 See also: The US Constitution and Bill of Rights 110\u2013117 \u25a0 The Universal Declaration of Human Rights 222\u2013229 \u25a0 The WIPO Copyright Treaty 286\u2013287 \u25a0 Google Spain v. AEPD and Mario Costeja Gonz\u00e1lez 308\u2013309 and, in consequence, the world\u2019s Should the internet be regarded as primarily a commercial near-absolute dependence on it, opportunity or a new kind of public service? this is a matter of vital importance. ISPs and content providers In a free market, Government-regulated The internet is a digital interaction businesses manipulate internet service providers between content providers and access to the internet (ISPs) must provide equal consumers, allowing more or less for commercial advantage. access to the internet for all. limitless transfer (traffic) of digital data between content providers Conflicts between political and free-market and consumers\u2014everything from priorities affect legislation. messages, emails, and online stores to video-streaming and would not give priority or lesser telephone networks (cable-modem social media services and search treatment to any content. Even or dial-up) as telecommunications engines. The physical link between the largest content providers with services, or \u201ccommon carriers\u201d under them is a vast, endlessly complex countless users, such as Google, the 1934 Telecommunications Act, global network of cables and YouTube, Facebook, and Twitter, to be regulated as public utilities. transmission towers provided would be treated in exactly the Broadband ISPs were classed as by ISPs. As well as building this same way as the humblest, such \u201cinformation services\u201d and exempt costly infrastructure, each ISP as the website of a local sole trader from regulation. The distinction designs a financial model for or community. was critical, as it governed whether charging all the suppliers and ISPs were legally bound to provide consumers that use their network. In an unregulated market, ISPs equal access to content for all. could choose, for their commercial Any internet user (provider advantage, to block content or to FCC policy or consumer) must pay an ISP for \u201cthrottle\u201d it by deliberately slowing The Federal Communications using its network. If the ISP the transmission speed so that it Commission (FCC) is the regulatory adhered to net neutrality, the user downloads slowly or has to be of low body for all communication could be confident that their quality. They could discriminate by systems in the US, but over the access to the internet would be pricing\u2014for example, charging more years, it has changed its policy entirely even-handed. The ISP to content suppliers for artificially several times. In 2002, the FCC speeded \u201cfast lanes\u201d (paid priority) reclassified even the cable-modem We nurture and protect or zero-rating access (limiting the ISPs as \u201cinformation services,\u201d our information networks content available to free users), not \u201ccommon carriers.\u201d Its 2008 because they stand at the which could leave other content attempt to regulate ISPs was foiled core of our economies, our suppliers at a disadvantage. (see box, p.312). Convinced that democracies, and our cultural the advantages of net neutrality In 1996, when the internet was are overwhelming, and with and personal lives. in its infancy, the first attempt to strong public support, the FCC Tim Berners-Lee regulate ISPs in the US came with issued an Open Internet Order \u276f\u276f the Telecommunications Act. It Inventor of the World Wide Web, 2006 classified ISPs that had existing","312 THE OPEN INTERNET ORDER in April 2015. This reinforced the promoting or speeding certain sites This is no more a plan idea that ISPs were basically no and suppressing or blocking others. to regulate the internet than different from, for example, phone If ISPs favor those who pay most, companies by designating them those who pay least would be the First Amendment is a as \u201ctelecommunications services\u201d relegated to an internet hinterland. plan to regulate free speech. rather than \u201cinformation services.\u201d In addition, in rural areas where ISPs were now obliged to provide the choice of ISP is limited or Tom Wheeler equal internet access to all. The nonexistent, there is an obvious Order established clear guidelines, temptation for any ISP to abuse FCC chairman, 2015 or \u201cbright-line rules,\u201d that the ISPs what is essentially a monopoly. had to abide by: no blocking, no to pay more for its disproportionate throttling, increased transparency, Another objection to self- use of limited bandwidth? In and no paid prioritization. regulation is that any two-track addition, any user of the internet, network (see diagram, right) whether domestic or commercial, Pros and cons amounts to a form of censorship, if could then choose, if they want, to Before and after the 2015 Open ISPs determine what can and cannot pay more for a faster, higher-quality Internet Order, debate raged over be viewed purely on the basis of service. Increased revenues to ISPs whether net neutrality should be their own short-term financial would result in greater investment protected by law. Should the US advantage. ISPs could also wield in new infrastructure, to the long- government treat the internet as a political influence\u2014for example, term advantage of all. public good, subject to regulation by blocking websites. as a public utility? Or should it Ironically, some competing allow the free market to set terms Opponents of regulation no corporations, using immense and conditions for internet access? less forcefully argue that, since its resources and each with their own sudden emergence in the 1990s, commercial priorities, have clashed The supporters of legislation the internet has proved itself over the net neutrality issue. Google, contend that benign government perfectly capable of self-regulation. for example, is a content provider but regulation is an essential condition ISPs argue for a two-track network for the advance of the internet by governed by the free market. If, for giving the greatest benefits to the example, a video-streaming service largest number. The internet is too responsible for more than 30 important to be left to unfettered percent of all bandwidth use in free markets. Almost any ISP has the US crowds out other content a vested commercial interest in providers who are all using the same ISPs, why should it not have Tom Wheeler, chairman of the Comcast and BitTorrent movies). Comcast claimed that FCC under President Obama, is they slowed BitTorrent transfers a champion of net neutrality and One compelling argument against only during periods of high- believes regulation is necessary. net neutrality is that it is difficult density traffic, but they were to enforce. Long before the FCC\u2019s slowing the transfers more or 2017 reversal of net neutrality, less permanently. Campaigners ISPs had often illegally slowed asserted this was \u201cblocking free traffic that they considered was choice on the internet.\u201d consuming too much bandwidth. The FCC censured Comcast The United States\u2019 most for violating net neutrality by famous net neutrality case was in throttling BitTorrent and, in 2008. For several years, Comcast 2008, issued a cease-and-desist had systematically obstructed, order. Comcast in turn sued the or made effectively impossible, FCC in Comcast Corp. v. FCC transfers of data via BitTorrent and, in 2012, the District of (a file-sharing service used to Columbia Court of Appeals download large files such as found against the FCC.","LAW IN THE MODERN AGE 313 Any two-track internet network, face of consistent public support for critics argue, inevitably favors the rich net neutrality: some polls showed and will lead to slower connections for 80 percent of Americans were most users and suppliers\u2014denying clearly in favor. The Supreme equal access for all. Court may be the ultimate arbiter of this otherwise unresolved and $$$$ hugely controversial debate\u2014a ruling by that court could have a direct impact on the position of the US as the dominant influence on the internet across the world. also has an ISP company and has $ Different approaches confronted heavyweight corporate The acute controversy around net ISP rivals, such as Comcast, Verizon, regulated internet and those of a neutrality in the US partly reflected and AT&T\u2014which have opposed free-market internet. The five FCC the difficulty of legislating for a net neutrality. As a search engine, commissioners responsible for the world where technology constantly sending huge amounts of data and Open Internet Order in 2015 were evolves. The problem is not only therefore occupying an immense all political appointees of President confined to the US. In the European amount of bandwidth, Google has Barack Obama. By 2017, the mostly Union, for example, the preferred questioned why it should pay much new FCC commissioners had been solution is strongly in favor of net higher prices for access, effectively appointed by President Donald neutrality, a position that even subsidizing its rivals. Trump. Their support for corporate post-Brexit Britain endorses. interests was clear, and the FCC Political bias reversed its 2015 decision in The European stance was partly There was a clear political element December 2017, with a Restoring driven by Finland, which in 2009 to the existing, often bitter battle Internet Freedom Order, which introduced a Universal Service between the advocates of a also prohibited state or local Obligation (USO) that strongly regulation of ISPs. supported net neutrality and made What is responsible for the the provision of broadband a legal phenomenal development of The 2017 Order made inevitable obligation. Broadband availability legal battles with individual states in rural areas in many countries is the internet? It certainly that wanted to enact their own net still frequently as pressing an issue wasn\u2019t heavy-handed neutrality. In early 2018, more than as net neutrality. \u25a0 government regulation. 20 states filed a lawsuit against Ajit Pai the Order, but supporters of net neutrality suffered a significant FCC chairman, 2017 setback in October 2019, when the District of Columbia Court of Appeals ruled that the FCC had acted within its rights in ending net neutrality. The Court\u2019s controversial ruling flew in the Ajit Pai, made chairman of the FCC by President Trump in 2017, is a favored target of net neutrality campaigners. Ironically, he was first appointed to the FCC in 2012 by President Obama.","314 ITATHB\u2019SEOUNMTOOTENQEAUYBA.OILUTITTISY EQUAL PAY CERTIFICATION (2017) IN CONTEXT I n June 2017, the parliament structure complies with equal pay of Iceland passed legislation laws. Larger firms had to comply FOCUS designed to close the gender by the end of 2019, and smaller Employment law, pay gap. Like many countries, firms between 2020 and 2022. equal rights Iceland had long had equal pay laws, but employers still paid The change was heralded as a BEFORE women less than men. The new breakthrough for women and led to 1919 In the US, Michigan and laws were intended to make sure calls for similar legislation in other Montana pass equal pay laws. equal pay actually happened. countries. But critics insisted the law was unnecessary since Iceland 1951 The UN International The legislation stated that every already had laws that guaranteed Labour Organization\u2019s Equal business in Iceland that employs women equal pay for equal work. Remuneration Convention more than 25 people must obtain They argued that research showing states the principle of equal a certificate that guarantees its pay persistent gender wage gaps was pay for men and women doing work of equal value. Women\u2019s pay Equal pay acts exist remains well behind in most countries, but 1957 The Treaty of Rome lists men\u2019s pay in almost because they are difficult equal pay for men and women to enforce, they have only as a key principle of the EEC. every country. narrowed the gap to 1963 The Equal Pay Act is a limited extent. introduced in the US. But employers can In 2017, Iceland passed 1975 Women in Iceland go still sidestep equal legislation forcing most on strike for a day, refusing to pay legislation by employers to prove that work, cook, or care for children. employing men their pay structure AFTER and women in complies with a national 2019 New York governor different roles. equal pay standard. Andrew Cuomo strengthens the state\u2019s 1944 legislation by forbidding potential employers to ask about previous salaries.","LAW IN THE MODERN AGE 315 See also: The Trade Union Act 156\u2013159 \u25a0 The Workers\u2019 Accident Insurance System 164\u2013167 \u25a0 The Representation of the People Act 188\u2013189 \u25a0 The Civil Rights Act 248\u2013253 \u25a0 Roe v. Wade 260\u2013263 \u25a0 Same-sex marriage 292\u2013295 The Ford machinists\u2019 strike On June 7, 1968, women sewing They argued that sewing demanded Leaders of the machinists\u2019 strike machinists at Ford\u2019s car factory in a very high level of skill and so protest outside the offices of Barbara Dagenham, UK, went on strike. they should receive equal pay. Castle. Three weeks later, Castle They were making the covers for agreed to listen to their grievances. the cars\u2019 seats, and without their The strike attracted a lot of contribution, the production line attention, because the factory was soon ground to a halt. Led by important to the UK\u2019s economy, Rose Boland, Eileen Pullen, Vera and women in other jobs also Sime, Gwen Davis, and Sheila began to campaign for equality. Douglass, the machinists were Eventually, Barbara Castle, the protesting against the grading of secretary of state for employment their jobs as Grade B (less skilled), and productivity, negotiated a pay which meant they got less pay rise for the machinists to within than most of the men, who were 8 percent of the men\u2019s wage. The put in Grade C (more skilled). Equal Pay Act was introduced 2 years later. flawed, and that the new legislation suit with its Equal Pay Act in 1970. men work in lower-paid jobs, such would discourage employers from Gradually, many other countries as nursing or teaching, so their hiring women. They also pointed added their own laws. overall pay rate is lower. Typically out that Iceland had been top of male sectors, such as engineering, the World Economic Forum\u2019s Global Despite equal pay legislation, by contrast, pay well. Women also Gender Gap Index\u2014which monitors the gender pay gap\u2014the average have less time to do paid work\u2014 women\u2019s pay around the world\u2014for hourly percentage gap between they carry out 76.4 percent of 9 years out of the previous 10. the salaries received by men and domestic work and unpaid care women\u2014has persisted. Women are globally. Even within companies, The idea that women and men paid on average just 77 percent of women tend to occupy roles that should be paid equally is an old what men are paid. The reasons for pay less\u2014and very few women rise one. In 1839, French author George this are complex. More women than to the top of the pay scale. Iceland Sand described in her play Gabriel is one of the more equal countries \u201can impenetrable crystal vault\u201d\u2014 In 99.6 percent in the world, yet even there, less what later feminists would call the of all occupations, than 20 percent of CEOs are women. \u201cglass ceiling,\u201d the invisible barrier that stops women progressing as men get paid Long road ahead high in their careers as men. more than women. Iceland\u2019s legislation may not That\u2019s not an accident; remove the differences between Only after two world wars, when that\u2019s discrimination. men and women in career needs women had to take on jobs that had Elizabeth Warren and aspiration, but it is a clear step previously been done by men, were toward righting inequality. Even so, calls for equal pay widely heeded. American politician and lawyer pay (along with education, health, In 1944, New York legislated that (1949\u2013) and political representation) is just women should be paid the same one aspect of an overall global as men for the same work, which gender gap of 68.6 percent, which also became a key principle of (based on the current rate of the new European Economic change across 153 countries) the Community (EEC), founded in 1957. World Economic Forum predicts will not close for 99.5 years. \u25a0 The US introduced its first national legislation with the Equal Pay Act of 1963, and the UK followed","DIRECTO","RY","318 DIRECTORY T he legal milestones set out in this book have formed the backbone of modern law. These key developments owe a debt not just to history\u2019s great legal scholars, but also to monarchs, theologians, politicians, and campaigners who contributed to other initiatives, precedents, and pieces of legislation. Rulers such as Clovis and Genghis Khan imposed national civil law codes that influenced later governments. Islamic scholars produced the Fatawa-e-Alamgiri that inspired the codification of laws across South Asia, and President F. W. de Klerk took a step toward greater equality when he oversaw the dismantling of South Africa\u2019s apartheid laws. Each of the legal advances listed below has contributed to the evolution of modern lawmaking. THE DRACONIAN CODE vessels. The vessels did not survive, See also: Plato\u2019s Laws 31 but they are said to have listed 22 \u25a0 Aristotle and natural law 32\u201333 621 BCE harsh punishments such as hard \u25a0 The trial of Galileo Galilei 93 labor, mutilation, castration, and In a bid to reduce arbitrary death. Evidence of their use and the KAPU punishments and blood feuds, opposition they aroused survives in the Athenian aristocrat Draco was a letter of protest from an official in a c. 500 CE asked to compile the first written neighboring state. law code for the city-state of See also: Zhou dynasty China 24 The ancient Hawaiian kapu system Athens. Draco\u2019s code favored the \u25a0 Confucianism, Daoism, and provided accepted codes for much powerful aristocrats and meted out Legalism 26\u201329 of everyday life\u2014religion, gender severe punishments for even minor roles, lifestyle, and politics. Similar crimes. Athenians soon railed THE TRIAL OF SOCRATES to the Polynesian tradition of taboo, against the extreme penalties. In kapu translates as \u201cforbidden,\u201d but c. 594 bce, the Athenian magistrate 399 BCE it can also mean \u201csacred.\u201d Breaking Solon repealed most of Draco\u2019s laws, kapu invoked harsh penalties, even retaining only his punishment of The philosopher Socrates became if the offense was unintentional. banishment for homicide. Today, a target when he positioned himself By the early 19th century, belief in anything that is perceived as overly against Athenian democracy by the system had declined. In 1819, harsh is called \u201cdraconian.\u201d arguing that, instead of rule by King Kamehameha II abolished it, See also: Plato\u2019s Laws 31 majority opinion, only the truly publicly breaking kapu by allowing \u25a0 Aristotle and natural law 32\u201333 learned and wise should hold power. men and women to dine together. His teachings inspired many young See also: Confucianism, Daoism, BOOKS OF PUNISHMENTS Athenians to question the status and Legalism 26\u201329 quo, and in 399 bce, three orators 536 BCE accused him of \u201cimpiety\u201d and THE LAWS OF \u00c6THELBERT \u201ccorrupting the young.\u201d When a jury The earliest known Chinese laws of 500 men, selected by drawing 600 CE are the \u201cbooks of punishments\u201d lots, found Socrates guilty, the (hsing shu), which Tzu-ch\u2019an, prime philosopher was sentenced to The earliest known piece of English minister of the state of Cheng, had death by the self-administration law is a law code drawn up by inscribed onto a set of bronze tripod of poisonous hemlock. \u00c6thelbert, king of Kent, the first","DIRECTORY 319 Christian king in England. It laws, however, discouraged violent THE GREAT LAW OF PEACE survives in the 12th-century and capital punishments, preferring Textus Roffensis (The Rochester fines and reparations. As England 12th century Book). As it is written in old English brought Ireland under its rule in rather than the customary Latin, it the 1600s, Brehon law was banned In around the 12th century, the is also the first law code recorded and English common law enforced. Iroquois Confederacy marked in a Germanic language. It is based See also: Early legal codes 18\u201319 the coming together of five American on German law and considers issues \u25a0 Gratian\u2019s Decretum 60\u201363 Indian nations (later six) known such as violent crime, rights and as the Haudenosaunee. Together obligations, wergeld (compensation), THE LEX VISIGOTHORUM with fellow chief Hiawatha, their and the status of the king. leader\u2014the Great Peacemaker\u2014 See also: The Domesday Book c. 643 CE formulated the Great Law of Peace, 58\u201359 \u25a0 Magna Carta 66\u201371 an oral constitution conveyed by Chindasuinth, ruler of the Kingdom wampum (shell-bead) symbols, that THE TANG CODE of Visigoths (present-day Spain and sets out a binding social and ethical southern France) introduced the code for the nations. The unity that 624 CE Visigothic Code, revised in 654 ce the Great Law achieved impressed by his son Recceswinth. The code Founding Father Benjamin Franklin; China\u2019s long tradition of recording marked the transition from Roman its articles influenced the US laws reaches back to the Western to Germanic law and covered the Constitution he helped to frame, Zhou dynasty (c. 1046\u2013771 bce). The whole population for the first time; as the US Senate formally Tang Code, with 502 articles and Romans living in the kingdom had acknowledged in 1988. commentaries, is the earliest earlier been subject to Roman law See also: The Peace of Westphalia surviving complete legal code. It (leges romanae) and Visigoths to 94\u201395 \u25a0 The US Constitution and combines Confucian philosophy Germanic law (leges barbarorum). Bill of Rights 110\u2013117 and the Legalist tradition of writing See also: The Twelve Tables 30 down laws, and consists of two \u25a0 Gratian\u2019s Decretum 60\u201363 THE\u00a0ASSIZE\u00a0OF BREAD parts: general rules and specific AND\u00a0ALE ACT offenses. The Tang Code influenced MEDIEVAL LAW SCHOOLS future legal codes in China and 1202 across East Asia. 11th\u201313th century See also: Zhou dynasty China 24 The first English law to regulate the \u25a0 Confucianism, Daoism, and The rediscovery, around 1070, of sale of food was the Assize of Bread Legalism 26\u201329 Justinian\u2019s Digest, a compilation and Ale Act. To protect the public of Roman law lost to scholars for from rogue traders, the Act ensured THE BREHON LAW(S) more than 500 years, encouraged the public paid a fair price for their the study of law at Europe\u2019s first ale and laid out the standard weight 7th\u201317th century university, established in Bologna for a loaf of bread sold for a farthing. in 1088. During the 1100s, Gratian, See also: The Lex Mercatoria 74\u201377 The ancient Irish laws, known as a Bolognese jurist, wrote Decretum, \u25a0 The Sherman Antitrust Act 170\u2013173 Brehon law, or F\u00e9nechas (the law his textbook on canon law, which of the F\u00e9ni, the free men of Ireland), the university also began to teach. GENGHIS KHAN\u2019S YASSA were interpreted and preserved It became a specialized law school\u2014 by wandering arbitrators called the first since antiquity\u2014inspiring 1206 Brehons. Dating as far back as the other European institutions to follow Bronze Age but first written down its example. By the end of the 12th Genghis Khan brought unity to the in the 7th century ce, Brehon law century, universities in Oxford, Paris, vast Mongol Empire in northeast was a hierarchical system, with and Montpellier also taught law. Asia and imposed customary laws harsher penalties imposed on See also: Ulpian the Jurist 36\u201337 that only the ruling family could those of lower rank. Its criminal \u25a0 Gratian\u2019s Decretum 60\u201363 view and implement. No copies of","320 DIRECTORY the Yassa survive, but secondary THE TRIAL OF MARTIN code was extremely thorough; its 25 sources suggest that it promoted LUTHER chapters covered religion, property, obedience to Genghis Khan and landholding, inheritance, commerce, unification of the nomadic clans 1521 travel permits, military service, and and codified penalties for offenses. criminal law. The code also classed See also: Zhou dynasty China 24 In 1517, Martin Luther nailed his peasants as serfs and limited the \u25a0 Plato\u2019s Laws 31 Ninety-Five Theses, attacking power of the Orthodox Church. the abuses of the Roman Catholic See also: Slave codes 98\u2013101 THE SIETE PARTIDAS Church, to the door of a church in \u25a0 The Russian Constitution 190\u2013191 Wittenburg, Germany. The act is 1256 widely considered to mark the start THE HABEAS CORPUS ACT of the Protestant Reformation\u2014the Compiled under Alfonso X of movement challenging the Church\u2019s 1679 Castile in Spain, the Siete Partidas doctrines and practices. In 1521, the or Seven-Part Code provided legal, Pope excommunicated Luther, who England\u2019s Magna Carta, sealed in moral, and philosophical rules for was accused of heresy and put on 1215, stated the concept of habeas all Castilians. Based on Roman law, trial in Worms before an imperial corpus\u2014that a person should not it was designed to guide legislative council of the Holy Roman Empire. be unlawfully imprisoned\u2014but in judgments and offer a unified legal Luther used the trial to defend and 1660, after the restoration of the code for the whole kingdom. As the spread his ideas. An edict calling monarchy, Parliament decided that it Spanish Empire grew in the 1500s, for his arrest ensued but was never should be formally enshrined in law. the Siete Partidas was exported to enforced, as Frederick III of Saxony Habeas corpus translates from Latin Latin America, where it remained protected Luther, who continued his as \u201cyou shall have the body\u201d and influential until the 19th century. work, which ultimately contributed denotes in law that a person must See also: The Treaty of to the founding of Protestantism. be brought before a court to assess Tordesillas 86\u201387 See also: The trial of Galileo the lawfulness of their detention. Galilei 93 A key tenet of common law today, THE TRIAL OF JOAN OF ARC habeas corpus has been suspended THE SOBORNOYE at various times in history, such as 1431 ULOZHENIYE during World War II, when \u201cenemy aliens\u201d were held without charge. The trial of Joan of Arc before a 1649 See also: Magna Carta 66\u201371 Church court in Rouen, France, is \u25a0 The Glorious Revolution and the one of the best documented of the Before Russia\u2019s introduction of the English Bill of Rights 102\u2013103 Middle Ages. After seeing visions, Sobornoye Ulozheniye (law code of Joan became convinced that she the Zemsky Sobor parliament) in THE FATAWA-E-ALAMGIRI could drive the English out of France 1649, corruption was widespread and help the Dauphin to be crowned in a period known as the \u201cTime of Late 17th century King Charles VII. She led many Trouble.\u201d Following civil unrest, a successful battles against the group of Muscovites, impressed by The Mughal Empire\u2019s Sharia-based English but was later captured by the stabilizing effects of law codes legal code, the Fatawa-e-Alamgiri, the Burgundians, French allies of the in nearby countries, demanded was named for Alamgir (\u201cConqueror English. Joan was charged with that Russia follow suit. Statesman of the World\u201d), a title used by the 70 offenses, largely based on her Nikita Odoyevsky was tasked with emperor Aurangzeb, who introduced claim to have received divine compiling the code from Russian the code. Compiled by scholars of the revelations, which was judged to precedents and from Byzantine law Hanafi School, one of four schools be blasphemous. Found guilty of (the Roman law that was influenced of jurisprudence of Sunni Islam, it heresy, she was burned at the stake. by Christian beliefs and in use from formed the basis of judicial law for See also: The trial of Galileo Galilei the 6th century ce until the fall of India\u2019s Mughal Empire, covering 93 \u25a0 The Salem witch trials 104\u2013105 Constantinople in 1453). The new all aspects of life, including family,","DIRECTORY 321 slaves, taxation, war, and property. imprisonment in Britain, it was by the Swiss government, delegates It later influenced the codification frequently imposed even for minor from 22 countries adopted the Treaty of laws across South Asia. crimes. In the next 80 years, over of Bern, which came into force in See also: The Arthashastra and the 160,000 criminals were transported 1875. The treaty established the Manusmriti 35 \u25a0 The Koran 54\u201357 to Australia, helping Britain General Postal Union and created populate its new colony but a single postal district across 19 THE TRANSPORTATION ACT severely depleting the Indigenous European countries, plus the US Australian population as a result of and Egypt, allowing the exchange 1717 disease, conflict, and land seizures. of mail under a uniform framework of Increasing numbers of new settlers, rules and regulations. Membership Largely to resolve the lack of space who arrived as the colony prospered, grew to 55 within the first 10 years. in UK prisons, the transportation objected to the transportation of In 1878, the General Postal Union of criminals to North America was criminals, and the practice was was renamed the Universal Postal introduced in 1717 by an Act of ended in 1868. Union and the treaty became the Parliament. Convicts were bound See also: The Treaty of Tordesillas Universal Postal Convention. The by a contract to work without pay 86-87 \u25a0 The Poor Laws 88\u201391 treaty paved the way for future for 7 years for a lesser offense international agreements similarly and 14 or more years for serious THE TREATY OF WAITANGI based on the principle of reciprocity, crimes. After America became such as the 1883 Paris Convention independent in 1776, Britain sent 1840 for the Protection of Industrial criminals to Australia instead. Property that included protection See also: The Poor Laws 88\u201391 As more British migrants arrived for patents and trademarks. in New Zealand in the 1830s, the See also: The World Trade AIR LAW British government recognized the Organization 278\u2013283 \u25a0 The need to make a treaty with Ma\u00afori Open Internet Order 310\u2013313 1784 chiefs to protect British interests and secure land rights. It was THE TRADE MARKS In 1783, the Montgolfier brothers drafted and translated into Ma\u00afori REGISTRATION ACT launched the first manned hot-air (but with discrepancies that balloon over Paris, France\u2014an obscured the extent of Ma\u00afori rights 1875 innovation that raised questions ceded). The treaty gave the British about the sovereignty of air space. sovereignty over New Zealand and The passing of the 1875 Trade A police ordinance banned balloon the exclusive right to buy Ma\u00afori Marks Registration Act created flights over Paris without a special lands. In return, the Ma\u00afori were a system that, for the first time, permit. Belgium and Germany soon guaranteed rights of ownership of allowed UK businesses to formally passed similar laws, marking the all their lands and gained the rights register and gain legal protection start of specialized aviation law. and privileges of British subjects. for their trademarks, preventing See also: The Hague See also: The Treaty of Tordesillas other companies from copying their Conventions 174\u2013177 86\u201387 \u25a0 The St. Catherine\u2019s Milling product identity. The Act defined case 169 trademarks as devices, marks, THE PENAL SETTLEMENT or names of individuals or firms OF AUSTRALIA THE BERN TREATY \u201cprinted in some particular and distinctive manner.\u201d The first UK 1788 1874 trademark to be registered (on January 1,\u00a01876) was the distinctive In January 1788, 736 convicts Postal systems expanded in the red triangle of Bass Breweries. transported from Britain arrived in 18th and 19th century, but the lack See also: The Venetian Patent Botany Bay, Australia, creating the of standard agreements controlling Statute 82\u201385 \u25a0 The Statute of Anne continent\u2019s first penal colony. As international mail impeded trade. 106\u2013107 \u25a0 The WIPO Copyright transportation was less costly than In 1874, at a conference convened Treaty 286\u2013287","322 DIRECTORY THE DREYFUS AFFAIR model for civil law in other nations, are parties to the treaty, no nation including China, Italy, Japan, South involved in human space flight 1894 Korea, and Switzerland. has yet ratified the agreement. See also: The Twelve Tables 30 See also: The World Network In 1894, Alfred Dreyfus, a French \u25a0 The Napoleonic Code 130\u2013131 of Biosphere Reserves 270\u2013271 army captain of Jewish faith, was \u25a0 The Kyoto Protocol 305 falsely accused of selling secrets THE SCOPES TRIAL to Germany, on the basis of flimsy THE REPEAL OF THE evidence. He was court-martialed 1925 APARTHEID LAWS for treason and imprisoned on Devil\u2019s Island in French Guiana. After the passing of the Butler Act 1991 Fresh evidence indicating that the in Tennessee in 1925, which made true culprit was Major Ferdinand it illegal to teach evolution in schools, The policy of apartheid\u2014which Walsin-Esterhazy came to light in activists were eager to refute its segregated the South African 1896 but was not properly explored, validity. Physics teacher John population by race, discriminating and he was acquitted. Growing Scopes volunteered to be accused against the black majority and public unease over the miscarriage of teaching human evolution. His favoring the white population\u2014 of justice was stoked by novelist trial pitted anti-evolutionist William was put in place in 1948. In 1991, \u00c9mile Zola, who wrote his open Jennings Bryan for the prosecution under increasing pressure from letter \u201cJ\u2019Accuse \u2026!\u201d in support against celebrated attorney Clarence South African activists and the of Dreyfus. Although a document Darrow, allowing both sides to pitch international community, President implicating Dreyfus was revealed eloquent arguments. Scopes was F. W. de Klerk repealed most of the as a forgery, a second court martial found guilty and fined $100, but had remaining apartheid laws. These in 1899 again found Dreyfus guilty. achieved his and his supporters\u2019 aim included the Land Acts of 1913 and The sentence was commuted, and of bringing debates about science 1936, which gave the best land to Dreyfus accepted a presidential versus religion into the public sphere. white people, and the Population pardon. He was finally exonerated See also: The trial of Galileo Registration Act of 1950, which by a court of appeals in 1906. Galilei 93 classified all babies by race at birth. See also: The trial of Galileo Galilei The dismantling of the laws and 93 \u25a0 The Salem witch trials 104\u2013105 THE MOON TREATY the election of a government with a nonwhite majority in 1994 officially GTHESEEBT\u00dcZRBGUECRHLICHES 1979 ended the apartheid system. See also: The Nuremberg Laws 197 1900 In a bid to ensure the international \u25a0 The Civil Rights Act 248\u2013253 community has some jurisdiction After the unification of the German in space, the Moon Treaty, covering THE OSLO ACCORDS Empire in 1871, its former states the Moon and other celestial bodies, initially retained their own varied was adopted by the UN General 1993, 1995 civil laws, but the need for a single Assembly in 1979. It states that national German code of law was these areas of outer space are the In a bid to secure a lasting peace widely recognized. Based on Roman \u201ccommon heritage of mankind\u201d and between Israel and Palestine, the law, the B\u00fcrgerliches Gesetzbuch their environment should therefore two Oslo Accords, negotiated (Civil Law Book), also known as the be protected. The treaty, which initially in Norway, were signed BGB, was drafted in 1881, finally came into force in 1984, when by the Israeli government and the ratified in 1896, and came into law Austria became the fifth country Palestine Liberation Organization in 1900, establishing a national to ratify it, asks that an international (PLO) in 1993 (in Washington, DC) civil law across Germany. The BGB group be established to regulate any and 1995 (in Egypt). Earlier formed the foundation of modern future exploitation of the natural initiatives had included the UN German law and was used as a resources of the Moon or other Security Council Resolution 242 of celestial bodies. Although 18 nations 1967, adopted unanimously after the","DIRECTORY 323 Six-Day War between Israel and Arab Uniting and Strengthening America THE INFECTIOUS forces from Egypt, Syria, and Jordan. by Providing Appropriate Tools DISEASE CONTROL The Oslo Accords met one key Required to Intercept and Obstruct AND PREVENTION ACT goal of Resolution 242; the PLO Terrorism). The Act expanded the recognized Israel\u2019s right to exist surveillance powers of intelligence 2009 and was acknowledged in turn as and law enforcement agencies, Palestine\u2019s representative body. among other measures facilitating When the COVID-19 pandemic They also afforded the Palestinians searches of suspect individuals\u2019 struck in 2020, South Korea could a degree of self-governance in the homes, business premises, emails, quickly take steps to combat the occupied territories of Gaza and the telephone, and financial records\u2014 virus thanks to earlier legislation West Bank and required both sides powers which have repeatedly covering infectious diseases. not to incite violence against each raised civil rights concerns. From As well as extensive testing, its other. The 5-year interim period set 2005, 16 sections of the Act were government employed a measure out in the Accords ended in due to \u201csunset\u201d (cease to have added to the Act in 2015, when 1999 without agreement, violence effect), but a modified Act passed the country faced an outbreak of resurfaced, and the provisions of the in 2006 made 14 of the sunset MERS\u2013CoV, a similar coronavirus. Accords were largely abandoned. provisions permanent and extended The amendment allowed officials to See also: The Peace of Westphalia two others. In 2011, three major collect cellphones, emails, and other 94\u201395 \u25a0 The Treaty of Versailles surveillance measures were data revealing the movements of 192\u2013193 extended until 2015. The USA infectious patients in the period FREEDOM Act of 2015 limited the before they were diagnosed. This THE UNDERLYING LAW ACT US government\u2019s authority to collect was then published on social media data, but key surveillance powers to alert, trace, and test possible 2000 of the USA PATRIOT Act were contacts. While judged intrusive again restored and extended. by some, the measure helped South Until 1975, when Papua New Guinea See also: The International Korea to contain infection levels. became independent from Britain, Covenant on Civil and Political See also: The International the Papuan legal system had been Rights 256\u2013257 Covenant on Civil and Political based on English common law. The Rights 256\u2013257 new Papuan constitution embraced THE WORLD PRESS both customary law and common FREEDOM INDEX THE MODERN SLAVERY ACT law. The Act seeks to ensure that customary law is a key source of 2002 2015 the nation\u2019s underlying law and is applied unless it is inconsistent In a bid to counter the suppression Under the UK Act, which enhances with a written law or contrary of information, every year since earlier legislation and reparations to national interests and goals. 2002, Reporters Without Borders for victims, any organization that See also: The St. Catherine\u2019s (RSF) has published the World supplies goods or services in the UK Milling case 169 Press Freedom Index, which ranks and has a global turnover of more 180 countries according to the level than \u00a336 million must publish an THE USA PATRIOT ACT of freedom afforded to journalists. annual statement outlining the RSF pools responses from experts measures it takes to ensure that 2001 and analyzes abuses and acts of no human trafficking, slavery, or violence against journalists to forced labor occur in any part of A month after the deadliest terrorist determine the rankings. Norway its operations. A 2019 Home Office attacks in US history, carried out on topped the 2020 index for the fourth review has called for the Act to be September 11, 2001, by the Islamic year in a row, while North Korea further strengthened and extended extremist group al-Qaeda, President replaced Turkmenistan in last place. to cover the public sector. George W. Bush signed into law the See also: The Universal Declaration See also: The Abolition of USA PATRIOT Act (an acronym for of Human Rights 222\u2013229 the Slave Trade Act 132\u2013139","324 GLOSSARY In this glossary, terms defined Barrister A type of lawyer in the civil rights include the right to vote, within another entry are identified UK and some other countries with the right to a fair trial, and the right with italic type. common law systems who can to use government services and appear as an advocate in both public facilities. Absolute monarchy A monarchy higher and lower courts. in which the king or queen has Codification The process of complete control of the nation. Bill A proposal for a new law or arranging laws into a systematic See also constitutional monarchy. change to an existing law that form such as a constitution or a is presented for debate. law code. Acquittal A judgment that a defendant is not guilty of a crime. Bill of rights A formal declaration Common law The law of the land, of the most important rights and derived from neither the statute Act A statute or law that has been freedoms that are common to all books nor a written constitution, formally passed by a legislature. citizens of a country or state. but from past court decisions based on precedent. Common law is the Act of Parliament A new law or Canon law The body of law basis of legal systems in most change to an existing law made that regulates the organization English-speaking countries. by the UK Parliament. of the Christian Church and See also civil law. codifies Christian beliefs. Action A formal demand to a court Comparative law The study of of law to settle a dispute between Case law Law based on decisions different legal systems by comparing two or more parties. made by judges in previous cases. and contrasting them. See also precedent. Advocate A lawyer who assists, Congress In the US Constitution, defends, or argues the case for Citizen A person who belongs to a the body forming the legislative someone in a court of law. city or a bigger community such as arm of the federal government. It a state or country. consists of two elected assemblies: Amendment An official addition or the House of Representatives (or alteration made to a law, statute, City-state A city which, with its Lower House) and the Senate or constitution. The US Bill of Rights surrounding territory, is also an (or Upper House). consists of the first 10 amendments independent political state. to the US Constitution. Constitution The principles and Civil law 1) A legal system based laws concerning the way in which Appeal A request to a supervisory on Roman law and codification a country is governed. court to overturn the decision of a rather than precedent; used mainly lower court. in continental Europe and South Constitutional monarchy America. 2) The branch of law A monarchy in which the king Arbitration A process in which that deals with disputes between or queen shares power with an an impartial third party makes a private organizations or individuals, elected parliament. See also binding decision regarding a legal not crimes. absolute monarchy. dispute without it having to be resolved in court. Civil rights The rights of people Contract A legally binding in a society to equal treatment and agreement between two or more Assize A court that sat periodically equal opportunities, whatever their parties in which an offer is made and in each county of medieval England. gender, race, or religion. Examples of accepted and each party benefits.","GLOSSARY 325 Copyright The exclusive legal Defense The process of presenting Enlightenment, The A period right to reproduce, sell, or distribute evidence in an attempt to prove that also known as the Age of Reason, an original creative work, usually a defendant is innocent. spanning 1685\u20131815, when for a fixed number of years. European thinkers questioned Democracy A form of government established ideas on religion and Corporation An independent legal in which supreme power is vested in authority and promoted ideals such entity, owned by shareholders, that the people or exercised by their as liberty, progress, and tolerance. is authorized to conduct business. elected representatives. Evidence Information presented Counsel 1) A barrister. 2) A lawyer Direct democracy Government at a court, hearing, or trial to help appointed to give legal advice or to by the people in fact rather than a judge or jury reach a verdict. represent a client in a court of law. merely in principle\u2014citizens vote on every issue affecting them. Executive The branch of Court An institution or body of government that is responsible people with the authority to hear Discrimination The unfair and for seeing that laws and policies and resolve legal disputes. Also, prejudicial treatment of a person are implemented and enforced. a place where legal disputes or group of people based on factors are heard. such as race, gender, religion, Extradition The return of a person disability, social class, or sexuality. accused of a crime to the state or Covenant 1) A binding written country where the crime was said agreement that can be enforced in Divine right of kings A doctrine to have been committed. a court of law. 2) (biblical) A binding that held that a monarch derived agreement based on faithful loyalty legitimacy from God and was not Federal Describes any political between God and His people. subject to any earthly authority. system where there is an overall central government (federal Crimes against humanity DNA Deoxyribonucleic acid. A government), but with many areas A deliberate, systematic, and large molecule that carries unique of decision-making being carried widespread attack on a civilian genetic information and so can be out by regional governments\u2014for population. Examples include used to identify any individual. example, governments of provinces murder, rape, and torture. or states; the division of powers Due process The carrying out between the federal and regional Criminal law The branch of law of legal proceedings according to governments is normally by which the state punishes those established rules and principles guaranteed by a constitution. who have committed the most that ensure people are treated fairly serious kind of wrong. and their legal rights are respected. Felony A crime regarded by many legal systems as more serious than Cybercrime Criminal activities Edict An official proclamation, a minor misdemeanor. carried out using a computer or command, or instruction issued the internet. by someone in authority. Feudal Describes a medieval political, social, economic, and Damages Money awarded by a Election A formal process in military system where a country\u2019s court to a party that has suffered which a population (the electorate) monarch ruled at the top of a loss or injury as a result of another of a country, state, or local area pyramidlike hierarchy. Each level party\u2019s wrongful act. votes for an individual to hold a of society was entitled to claim position of public office. rights from those \u201cbelow,\u201d but Decriminalization Removing or also obliged to undertake duties reducing legal penalties for an act. Embargo A government order to to those \u201cabove.\u201d cease trade or other commercial Defendant A person or organization activity with a particular country, Fraud Criminal deception to accused in a court of law. often used as a diplomatic measure. secure financial or personal gain.","326 GLOSSARY Genocide The deliberate, targeted ruling made by the legislature or Magistrate A judicial official\u2014 killing of, or causing serious harm to, executive, providing an essential or justice of the peace (JP) a large group of people, especially an system of checks and balances. A in England and Wales\u2014who entire religious group, race, or nation. key example of judicial review is administers the law in courts the power of the US Supreme Court that deal with minor crimes. Habeas corpus (Latin for \u201cyou to decide whether a law violates shall have the body.\u201d) The right the US Constitution. Magna Carta A charter of rights of a person who is imprisoned or drafted in 1215 to limit abuses of detained to appear before a court Judiciary The branch of power by the English monarchy. of law to establish whether their government that is responsible for detention is lawful. A writ of habeas administering justice and includes Mandate A command or the corpus orders the custodian to bring the judges and courts of law. authority to act in a certain way the detainee before the court. given to a government representative Jurisdiction The power of a by an electorate. Hearing A proceeding before state, court, or judge to make a court or another legal decision- legal decisions and enforce laws. Martial law Military control making body. A hearing is generally For example, a state may have that replaces the normal civilian shorter and less formal than a trial. jurisdiction over people, property, or government of a country, usually to circumstances within its territory. maintain order in times of crisis. Human rights Freedoms and rights that are inherent to all Jury A body of people, known Nation-state An independent human beings and defined and as jurors, who are sworn to give a state in which the majority of the protected by law. Examples of verdict on a court case on the basis citizens share a common language human rights include the right of evidence submitted to them. and culture. These citizens identify to life, liberty, and security. as a nation and the state is ruled Law code A comprehensive in their name. Indictment A formal written and systematic written collection accusation of a crime. of laws adopted by a nation or state. Natural law A system of justice held to be common to all people Intellectual property Creations Law enforcement The process of and derived from the unchanging or inventions that are protected by ensuring compliance with the law rules of nature rather than from laws such as patents, copyright, by means of arrests, punishment, the changing rules of society. and trademarks, enabling people rehabilitation, and deterrence. to claim recognition for or benefit Papal bull An order or edict issued financially from what they create. Lawsuit In civil law, a court case by the Pope on a matter of religious, in which a plaintiff claims to have legal, or political importance. International law A system of suffered a loss as a result of a laws covering the rights and duties defendant\u2019s wrongful actions. Parliament The law-making of sovereign nations. branch, or legislature, of a country\u2019s Legislation A law or set of laws government, often made up of Judge A public official with the that is being prepared, enacted, elected politicians. authority to preside over legal or passed. matters and court proceedings. Patent A form of legal protection Legislature The branch of that grants inventors ownership of Judgment The final decision of government that is responsible their idea and ensures that other a court or judge on a legal matter. for making and passing laws. people cannot copy the invention without the inventor\u2019s permission. Judicial review The process Litigation The process of resolving A patent protects an invention, whereby the judiciary can review a dispute between two or more whereas copyright protects the the lawfulness of a decision or opposing parties in court. expression of an idea.","GLOSSARY 327 Plaintiff A person, organization, and legislature\u2014that are separate, to maintain and improve pay and state, or country accusing a independent bodies, which ensures working conditions. defendant in a court of law. that no single branch gains too much power. Trademark A word, phrase, sign, Precedent A principle or rule or symbol that distinguishes the established by a judgment or Sharia law The body of divine law goods or services of one enterprise ruling in a previous legal case. A in Islam that governs the religious from those of other enterprises. precedent may be cited to justify and secular life of Muslims. A trademark can be registered, a ruling in a subsequent case that which gives the owner an exclusive deals with similar issues. Sovereignty The authority held right to use the trademark. by a state\u2014or by its ruler, leader, Prosecution The process of parliament, or government\u2014that is Treaty A formal contract that sets presenting evidence in an attempt not subject to any outside control out agreements\u2014such as a trade to prove that a defendant is guilty or influences. agreement, an alliance, or the end of a crime. of hostilities\u2014between states. State 1) A sovereign political Ratification The process of signing region and the people who live in Trial A formal examination of or formally approving a law, treaty, it. 2) A member of a federal system. evidence by a judge in a law court contract, amendment, or other 3) A government and its institutions. in order to reach a verdict in a agreement, making it legally valid. criminal or civil law case. Statute A law that has been Referendum A direct vote by enacted by a legislature and formally Universal jurisdiction In the electorate on a specific issue, written down. Amendments can be international law, the power of proposal, or policy. made to existing statutes. a national court to prosecute individuals for serious crimes such Republic A state with no monarch, Suffrage The right to vote in an as crimes against humanity, war in which power resides with the election or referendum. Universal crimes, and genocide, regardless of people and is exercised by their suffrage refers to the right to vote of where the crime was committed. elected representatives. citizens regardless of their gender, race, social status, or wealth. Verdict The conclusion of a judge Revolution The sudden and often Women\u2019s suffrage describes the or jury based on the evidence that violent overthrow of a social order right of women to vote on the same is presented in court. or political regime by the people. basis as men. War crime An act carried out in Rights What a person is entitled Supreme court The highest the conduct of war that violates the to either by law or as a matter judicial court in a country or international laws and customs of ethics. state, which has jurisdiction over of war. Examples of war crimes the lower courts. In the US, the include taking hostages, using Roman law The legal system Supreme Court is the highest child soldiers, and deliberately of the ancient Romans, which still federal court and has the power killing civilians or prisoners. forms the basis of many modern- to interpret the US Constitution. day systems of civil law. Warrant A legal document that Tort law The branch of civil law allows someone to do something, Sentence The punishment given that deals with wrongful actions of particularly one that gives the police by a judge to a defendant found one party that cause another party permission to make an arrest, seize guilty of a crime in a court of law. to suffer loss or harm. goods, or search property. Separation of powers The Trade union An organized group Writ A formal legal document that division of government into three of employees who negotiate with orders a person to carry out, or stop branches\u2014the executive, judiciary, employers and the government carrying out, a specific action.","328 INDEX Page numbers in bold refer to arms race 174\u2013175, 176, 201, 244\u2013247 Blackstone, William 77, 81, 109 Charles VII of France 152 main entries Arthashastra 17, 35 blasphemy 38, 41, 44, 257 Charles the Bold, Duke of Burgundy 209 Articles of Confederation 112, 127 blood feuds 55 Charter of the International Military 9\/11 attacks 180, 323 ASEAN (Association of Southeast Bodley, Sir Thomas 107 Bologna university 50, 319 Tribunal 210 A Asian Nations) 283 Bolsheviks 190\u2013191, 219, 255 Charter Oath (Japan) 162 Assad, Bashar al- 277 bombing, Allied 208, 219, 244 Chechnya 292, 295 abortion 126, 129, 201, 260\u2013263, 284 Assassins, the 57 Boniface VIII, Pope 63 checks and balances 13, 31, 113, 115, absolutism 13, 28, 96, 102 assembly, freedom of 257 Book of Punishments 318 Abu Hanifa 50, 54, 56 Assize of Bread and Ale Act (1202) 319 bookmakers 145 122, 126 Act of Settlement (England, 1701) Assize of Clarendon 51, 64, 65, 68, 109 books, copyright 106, 107 Chemical Weapons Convention (CWC) Assize of Northampton 64, 65 Borel, \u00c9mile 236 102, 103 assizes 51, 64, 65, 68, 69, 109, 149 Bormann, Martin 208 174, 268, 276\u2013277 Action Committee for the United States Athens 12, 17, 31, 33 Borodin, Ivan 271 children Athlete Biological Passport 304 Bosnia and Herzegovina 289 of Europe 238 Atkin, Lord 195 boundaries, international 96\u201397 child labor 180 Adams, John 112, 126, 127 Atlantic Charter 215\u2013216 Bourbon dynasty 94 protection of 275 Adenauer, Konrad 238 atomic bombs 219, 244 Bow Street Runners 140, 141 rights of 219, 229, 256 advocate general 309 Augsburg, Peace of 94, 95 Brazil, slavery 134 Chile 310 \u00c6thelbert, laws of 318\u2013319 Augustine, St. 72, 73 Brehon Law(s) 319 China 246, 247, 295 \u00c6thelred, King 52 Augustus, Emperor 36 Bretton Woods Conference 280 ancient 12, 16\u201317, 24, 26\u201329 Afghanistan 57, 268, 303 Australia 169, 291, 321 Brexit 236 Christ, Jesus 44, 46 African Americans 98\u2013101, 117, 126, Austro-Hungarian Empire 192 Bridewell Prison 91 Christian V of Denmark 160 authoritarianism 16, 28, 31, 150, 165, British East India Company 137 Christianity, early 44\u201347 138\u2013139, 201, 248\u2013253 British Empire 137, 224 Church African Charter on Human and People\u2019s 290 British North America Act (1867) 169 and charity 90 aviation law 321 broadband 310, 311, 313 and civil law 46 Rights 229 Brunelleschi, Filippo 82, 83 curtailing power of 80, 131 Albania 277 B Bruno, Giordano 93 heresy 93 Alc\u00e1\u00e7ovas, Treaty of 87 Brussels, Treaty of 240 liberties of 69, 71 Alderson, Sir Edward Hall 145 Babylon 18\u201319, 22\u201323, 23, 38, 151 Brussels Declaration 175 and papacy 69 Alexander, Bishop of Alexandria 46 balance of power 175 Buddhism 28 Reformation 80, 320 Alexander I of Russia 236 Bangladesh 303 Bukhari, Imam Muhammad al- 54, 55, 56 see also canon law; Roman Alexander II of Russia 175, 191 Barbie, Klaus 204 bull-baiting 146, 147 Alexander VI, Pope 86, 87 baronial power 68\u201371 burial practices 33 Catholic Church Alexander the Great 33 baseball 306 Buscetta, Tommaso 259 Churchill, Winston 205, 211, 215, 216, American Anthropological Association 228 Bashir, Omar al- 301, 302 Bush, George H. W. 275 American Federation of Labor (AFL) Baudelaire, Charles 150 Byzantine Empire 25, 45, 46, 50, 75 217, 225, 231, 236 Beccaria, Cesare 151 Cicero 30, 33, 72, 92 156, 158 beggars 88, 89\u201390 C citizenship 36, 115 American Indians 128, 252 Belgium 288, 296, 297 city-states 18, 25, 31, 75, 82, 83, 112 American Tobacco 184, 185 Bemba Gombo, Jean-Pierre 303 Cabral, Pedro \u00c1lvares 87 civil law Americans with Disabilities Act (US, Benedict VIII, Pope 47 Campaign for Nuclear Disarmament Benedict XV, Pope 63 and canon law 12, 17, 47, 51 1990) 268, 275 Bensouda, Fatou 303 245 Napoleonic Code 131 amputation 57, 64, 65 Bentham, Jeremy 91 Canada 169, 170, 294 no-fault divorce 258 Anglo-Saxons 59 Berlin Conference 86 cannabis 290 Nordic 160 Angolan civil war 289 Berlin Wall, fall of 241 canon law 12, 17, 42\u201347, 50, 60\u201363, private property 34 animals Bern, Treaty of 321 Roman 30, 33, 34, 37, 50, 61, 62, 63, Berne Convention 106, 286\u2013287 64, 130 protection of endangered 201, 264\u2013265 betting legislation 144, 145 capitalism 122 130, 148 welfare legislation 122, 146\u2013147, 163 Bible 18, 19, 20\u201323, 44 Caracalla, Emperor 36 civil partnerships 292 Annan, Kofi 218 Bill of Rights, English 13, 81, 96, 103, careless conduct 194, 195 civil rights 13, 81, 112, 122, 201 Anti-Personnel Mine Ban Convention Caribbean 99\u2013100, 136\u2013137 109, 112, 115, 116 Carta Mercatoria 76 abortion 260\u2013263 268, 288\u2013289 biodiversity 201, 270\u2013271 Cartae Baronum 58 Civil Rights movement 248\u2013253 antitrust law 170\u2013273, 184, 185 Biological Weapons Convention caste system 17, 35 International Covenant on Civil and Antoniani, Fabiano 297 Caxton, William 106 apartheid 227, 318, 322 276, 277 censorship 150, 312, 323 Political Rights 256\u2013257 Aquilius 17, 34 biosphere reserves 269, 270\u2013271 Central African Republic 303 legislation 101, 130, 139, 201, 248, Aquinas, Thomas 32, 51, 72, 73 Biruni, Abu Rayhan al- 32 Charles I of England 13, 71, 80, 81, Arab-Israeli War (1948) 218 bishops 44, 45, 46, 47 250, 252, 253, 275 Arabian Peninsula 50, 54\u201355 Bismarck, Otto von 123, 165, 166, 175 96\u201397, 102, 106, 116 Napoleonic Code 130\u2013131 Arendt, Hannah 227 BitTorrent 311, 312 Charles II of England 13, 71, 96, 97, 102 same-sex marriage 292\u2013295 Aristotle 12, 17, 27, 31, 32, 33, 51, 72, 103 \u201cblack codes\u201d 98, 101, 139 slaves 100\u2013101 Arius\/Arianism 45\u201346 civil unions 292\u2013293 Armenian genocide 210, 233 Civil War, American 101, 138\u2013139, 152, arms control 196, 244\u2013247, 276\u2013277, 154, 174, 175, 215, 250, 251 288\u2013289 civilians crimes against 301 in war 154, 155 Clarkson, Thomas 134, 135 Clemenceau, Georges 192","INDEX 329 Clement, Bishop of Rome 44 Continental Congresses 112, 117 de Gaulle, Charles 240 Dunant, Henry 152, 153, 154 Clementine V, Pope 63 contraception 261 De Jure Belli ac Pacis (Grotius) 80, 92 duplum (\u201cdouble\u201d) rule 148 climate change 168, 219, 269, 271, 305 contract, freedom of 131, 157 de Klerk, F. W. 227, 318 duty of care 194, 195 Clinton, Bill 285 contract law 77, 148\u2013149, 161 de Montfort, Simon 71 Cobbe, Frances Power 163 Convention on Biological Diversity 270 deacons 44, 45 E cockfighting 14, 146 Convention on Cluster Munitions 288 death penalty 12, 232 Codex Justinianus 37, 47, 62 Convention on International Trade in earnings, loss of 148 Codex Lambacensis 65 abolition of 122, 151, 233, 256 Earth Summit (Rio de Janeiro) 214, Codex Theodosianus 62 Endangered Species of Wild Decius, Emperor 45 Coke, Edward 77, 85 Fauna and Flora (CITES) 201, 265 Declaration of the Rights of Man and of 269, 305 Cold War 200, 201, 219, 280, 300 Convention on the Manipulation of Eastern bloc 201, 230, 244 collective bargaining 157\u2013159 Sports Competitions 306 the Citizen 13, 81, 102, 112, Economic and monetary union Colombia 297 Convention on the Protection of 118\u2013119, 123, 224 colonies 80\u201381, 193, 228, 231 Children from Sexual Exploitation Decretum Gratiani 32, 44, 47, 50\u201351, 60, (EMU) 241 Colquhoun, Patrick 141 and Sexual Abuse 237 61, 62\u201363, 319 economic crimes 221 Columbus, Christopher 80, 86\u201389 conventional laws 32 Defense of Marriage Act (US, 1996) education, right to 227 combat, trial by 52\u201353 convicts, transportation of 321 292, 294 Edward I of England 68, 70, 76 Combination Acts (UK, 1799\/1800\/1824) Copenhagen Summit 305 Delors, Jacques 241 Edward III of England 64, 65, 70, 77 Copernicus, Nicolaus 93 demesne courts 58 Edward VI of England 91 156, 157 copyright law 81, 106\u2013107, 286\u2013287 democracy 17, 31, 69, 122 Edward the Confessor 59 Combined DNA Index System 273 C\u00f3rdoba 40 parliamentary 70\u201371 Egypt 276 Comcast 311, 312, 313 Coronation Charter 68 United States 116\u2013117 Eichmann, Adolf 204 Commentaries (Blackstone) 109 corporal punishment 57, 64, 65, 90 Democratic Republic of Congo 300, 303 Eighty Years\u2019 War 94 commercial law Corpus juris civilis 62, 130 Denmark 160\u2013161, 242\u2013243, 292 Einstein, Albert 215, 219 Corpus juris canonici 50, 63 Denning, Lord 168 Eisenhower, Dwight D. 252 antitrust law 170\u2013173 Council of Europe (CoE) 201, 230\u2013231, deportation 232 El Pardo, Treaty of 86 Federal Trade Commission 184\u2013185 233, 236\u2013237, 306 despotism 116 elderly people 90, 296 international 13, 51, 74\u201377 counterfeit goods 287 deterrents 12, 91, 141, 142, 151, 246 election campaigns 301 World Trade Organization 278\u2013283 Court of Justice of the European developing countries 281, 282 electoral reform 188\u2013189 see also maritime law Union 241 Diana, Princess of Wales 289 Elisabeth, Empress of Austria 220 Commission of the European creditors 178, 179 Dickey-Wicker Amendment 284 Elizabeth I of England 85 cricket 306\u2013307 die, right to 232 embryo research 268, 269, 284 Communities 241 crimes against humanity 300, 301, 303 digital media, copyright 287 employment law Commission sup\u00e9rieure de Criminal Investigation Department digital monopolies 173 (CID) 140 Diocletian, Emperor 45, 46 equal opportunity 275 codification 130 criminal law Dionysius II of Syracuse 31 equal pay 314\u2013315 common good 119 death penalty 151 Dionysius Exiguus 61 health and safety 180\u2013183 common law 12, 51, 65, 68, 70, 77, 101, DNA testing 272\u2013273 diplomacy 80, 92 industrial injuries 164\u2013167 euthanasia 296\u2013297 disability 268, 275 trade unions 13, 156\u2013159 107, 145, 159, 168 Megan\u2019s Law 285 disarmament 175, 176, 193 whistleblower protection 274 Blackstone\u2019s commentaries 81, 109 murder 168 discrimination endangered species 201, 264, 264\u2013265 Common Market 173 witness protection 259 disabled people 275 England Commonwealth of England 81, 116 Criminal Law Amendment Acts (UK) gender 314\u2013315 common law 51, 81, 109 Commonwealth of Nations 109, 159, 294 racial 248\u2013253 constitutional monarchy 102\u2013103 criminal organizations 221 dispute resolution 18 Domesday Book 58\u201359 143, 151 Crippen, Dr. Hawley 220 Disraeli, Benjamin 91 Magna Carta 66\u201371 communism 123, 190\u2013191, 230\u2013231 Cromwell, Oliver 71, 97, 116 dissolution of the monasteries 90 parliamentary authority 96\u201397 company law 178\u2013179 Cromwell, Richard 97 divine law 12, 73 poor laws 88\u201391 comparative law 161 Cromwell, Thomas 85 Islamic 54\u201357 trial by combat 53 compensation cross, ordeal of the 52 Judaism 20\u201323, 38\u201341 trial by jury 64\u201365 Cruelty to Animals Act (UK, 1849\/1876) divine reason 33 see also United Kingdom financial 34 146, 147, 163 divorce, no-fault 201, 258 English Civil War 13, 71, 80, 81, 96, 97, industrial injuries 164\u2013167 Cuban Missile Crisis 201, 245\u2013246 DNA testing 268, 269, 272\u2013273 tort law 195 cultural heritage Dodd-Frank Act (US, 2015) 274 102, 116 competition 123, 170\u2013173, 184 protection of 174, 177, 301 Domesday Book 50, 58\u201359 Enlightenment 81, 108, 116, 119, 122, Comprehensive Nuclear-Test-Ban right to participate in 228 Donaldson, Alexander 107 cultural relativism 228\u2013229 Donoghue v. Stevenson 194\u2013195 146, 151 Treaty 247 cybercrime 13, 221 double jeopardy 62, 63, 115 environment, right to a healthy 228 concentration camps 154 cycling 304 Douglass, Frederick 100 environmental activists 168, 219 Confucius\/Confucianism 12, 16\u201317, Cyrus the Great of Persia 38, 118 Draconian Code 318 environmental law 201, 264\u2013265, 269, Dred Scott v. Sandford 126, 138\u2013139 26\u201327, 28, 29 D Dreyfus Affair 322 270\u2013271, 305 Congress (US) 113, 114, 115, 126, 129 drugs equality 81, 118, 119, 123, 130, 131, Congress of Europe (1948) 230, 2311 damages deaths from 291 conscience, freedom of 257 breach of contract 148 decriminalizing 268, 269, 290\u2013291 260, 263 consent, age of 294 negligence 194\u2013195 drug trafficking 187, 220, 221, for the disabled 275 consent, government by 118 290, 291 of pay 314\u2013315 conservation 264\u2013265, 269, 270\u2013271 Daoism 12, 16, 26, 27\u201328 in sports 269, 304 voting rights 188\u2013189 Constantine I (the Great), Emperor 17, Darfur 302 due process 104\u2013105 Equiano, Oloudah 136 Data Protection Directive (EU) 308 duels, judicial 52\u201353 eternal law 73 45, 46, 60, 61 Dumbarton Oaks 214, 216, 225 European Atomic Energy Community Constantinople 46, 47 Constitution Act of Canada (1982) 169 239\u2013240 Constitutional Convention 112\u2013113, 117 European Coal and Steel Community constitutional government 71, 112\u2013115 constitutional law 162, 186\u2013187, 200, 201, 238\u2013239, 240 European Commission 238 190\u2013191, 254\u2013255 constitutional monarchy 102\u2013103 consumer rights 123, 195","330 INDEX European Committee for the Prevention prices 319 Gladstone, William 158 Henry II of England 51, 58, 64\u201365, 68, 109 of Torture 237 right to 228 glass ceiling 315 Henry III of England 51, 52, 53, 68, Food and Drug Administration globalization 95, 161, 281 European Communities (EC) 240\u2013241 Glorious Revolution 81, 102\u2013103, 116 70\u201371, 96 European Convention on Human Rights (FDA) 185 God Henry V of England 152 Ford, Henry II 173 Henry VI of England 82, 85 (ECHR) 118, 200, 201, 224, Ford machinists strike 315 divine law 20\u201323 Henry VIII of England 90, 91, 106 230\u2013233, 236 forensic science Islamic law 54\u201357 Henry de Bracton 70 European Court of Human Rights natural law 72 Henry of Huntingdon 58 (ECtHR) 230, 231\u2013233, 237 DNA testing 268, 269, 272\u2013273 Goebbels, Joseph 206 heresy 44, 45, 46, 80, 81, 93 European Court of Justice (ECJ) 200, fingerprinting 220, 272 Gonz\u00e1lez, Mario Costeja 270\u2013271 Hess, Rudolf 207 201, 234\u2013241, 308\u2013309 foreseeability 148, 149, 194, 195 Google 173, 286, 308\u2013309, 311, 312\u2013313 Heydrich, Reinhard 197 European Economic Community (EEC) forgotten, right to be 268, 269, 308\u2013309 Gorbachev, Mikhail 246, 247 Heyrick, Elizabeth 147 239\u2013240, 315 France G\u00f6ring, Hermann 204, 206\u2013208 Himmler, Heinrich 206 European Parliament 236, 241 censorship 150 Goul\u00e3o, Jo\u00e3o Castel-Branco 290 Hindu law 35 European Union 13, 160, 238, 241, 281 death penalty 151 Grant, Ulysses S. 214, 270 Hirohito, Emperor 162 commercial law 173 Declaration of the Rights of Man 81, Gratian 32, 44, 47, 50\u201351, 60, 60\u201363, Hiroshima and Nagasaki 219, 244 disability legislation 275 Hitler, Adolf 192, 197, 206, 207, 208 drug policy 291 118\u2013119 72, 319 HIV\/AIDS 269, 282, 291 equal pay 314, 315 euthanasia 296 Great Compromise 113\u2013114 Holocaust 154, 177, 193, 200, 204\u2013207, human rights 200, 201 Napoleonic Code 130\u2013131 Great Depression 192, 193, 200, international law 236, 239, 243 trade unions 158 210, 232, 300 internet law 308, 310, 313 Francis, Pope 296 214, 280 Holy Roman Empire 94, 209 legislative harmonization 161 Franco-Prussian War 175 Great Law of Peace 319 homosexuality 257, 292\u2013295 origins of 236\u2013241 Franklin, Benjamin 112, 117, 319 Great Schism 44, 47 Hornby v. Close 158 same-sex marriage 293 Frederick V, Emperor 94 Greek Orthodox Church 44, 47 House of Representatives (US) 113 vivisection 163 free market 184, 311, 312, 313 Greeks, ancient 25, 31 houses of correction 90, 91 euthanasia 197, 269, 296\u2013297 free trade, international 268, 278\u2013283 Green River Killer 273 housing 228, 250 exclusionary rule 186\u2013187 freedom, individual 100, 103, 119, 186 Greenland 242, 243 Huddleston, Baron 168 excommunication 44, 320 Freedom of Information Act (US, Gregory IX, Pope 41, 60, 63 human law 51, 72, 73 execution 28, 151, 205, 292 Gromyko, Andrei 218, 246 Human Life Protection Act (Alabama, expression, freedom of 257, 308\u2013309 1966) 274 Grotius, Hugo 80, 92, 108 extinction 264\u2013265, 281 Freedom Riders 253 guilds 83 2019) 263 extradition 221 French Revolution 13, 118, 119, gun control 196 human rights 13, 71, 122, 131, 200, Gutenberg, Johannes 106 130\u2013131, 136, 150, 190, 224, 292 201, 268\u2013269 friendly societies 158 abolition of slavery 123, 134\u2013139 Civil Rights movement 248\u2013253 F GH Declaration of the Rights of Man Facebook 173 Gaddafi, Colonel Muammar 301 Habeas Corpus Act (England, 1679) 13, 118\u2013119 factories 122, 143, 157 Gaillon, Edict of 150 70, 320 European Convention on Human False Claims Act (US, 1863) 274 Galerius, Emperor 45 family law 131, 161, 284 Galilei, Galileo 80, 81, 93 habitat loss 264\u2013265 Rights 230\u2013233 Fatawa-e-Alamgiri 318, 320\u2013321 gambling Habsburg dynasty 94 International Covenant on Civil and fear, freedom from 225 hadith 50, 54, 55, 56, 57 Federal Bureau of Investigation legislation 144\u2013145 Hadley v. Baxendale 148\u2013149 Political Rights 256\u2013257 match fixing 306, 307 Hadrian, Emperor 39 privacy law 309 (FBI) 273 Garcetti v. Ceballos 274 Hagenbach, Peter von 204, 209 slaves 100 Federal Communications Commission gauntlets, exchanging 53 Hague Conventions (1899, 1907) 123, UN Convention on the Rights of the gay rights 268, 269, 292\u2013295 (FCC) 310, 311\u2013313 Gemara 38, 40, 41 154, 174\u2013177, 204, 206, 207, 210, Child 219 federal government 112\u2013113 gender equality 119, 314\u2013315 214\u2013215, 224, 276, 300 Universal Declaration of Human Right Federal Trade Commission (FTC) 123, General Agreement on Tariffs and Haiti 137 Hale, Sir Matthew 105 222\u2013229 173, 184\u2013185 Trade (GATT) 280, 281, 282, 283 Halsbury, Harding Giffard, Lord 179 human trafficking 139 Federal Witness Protection Program general average 25 Hamilton, Alexander 112, 127 humanitarian aid 214 Geneva Conventions 92, 122, 123, Hammurabi, Code of 16, 18\u201319, 20, 23, humanitarian crises 95 201, 259 52, 118, 151 humanitarian law 123, 152\u2013155, 224, 300 feminism 201, 260, 263 152\u2013155, 174, 175, 176, 209, Han dynasty 29 humanity, crimes against 204, 206, Ferdinand II, Emperor 94 224, 300 Han Feizi 29 Ferdinand II of Aragon 86, 87 Geneva Protocol 276\u2013277 Hanseatic League 75, 76 207, 208 feudal system 59, 68, 69 Genghis Khan 319\u2013320 hard labor 91 Hundred Years\u2019 War 152 fiefs 59 Genoa 75, 76 harmony 27, 32, 33 hunting 147, 264 Fielding, Henry and John 141 genocide 177, 200, 206, 209, 210\u2013211, Harold II of England 59 Hussein, Saddam 211, 277 FIFA 306, 307 219, 233, 277, 300, 301 Harriman, Averill 246 Hutus 211 Final Solution 197, 206\u2013207, 210 George III of the United Kingdom 169 Harrison, Frederic 157, 158 Hyde Amendment 260, 263, 284 fines 19, 52, 53, 232\u2013233, 236 Germany Hastings, Battle of 59 fingerprinting 220, 272 B\u00fcrgerliches Gesetzbuch 322 health and safety 181\u2013183 I Finland 160\u2013161, 242\u2013243, 313 Civil Code 130 health insurance 166 Finno-Soviet Treaty 243 employment law 164, 165\u2013166 healthcare 164, 167, 228, 291 Ibn Hanbal 56 fire Nuremberg Laws 197 Hedtoft, Hans 243 Ibn Majah 56 Nuremberg Trials 200, 202\u2013209, 300 heliocentrism 80, 93 Iceland 160, 242\u2013243, 268, 269, 314\u2013315 regulations 181, 182 reunification 241 Helsinki Treaty 160, 200, 201, 242\u2013243 illegitimacy 261 trial by 52, 53 Treaty of Versailles 123, 192\u2013193, 201 Henry I of England 65, 68 import tariffs 280, 283 Flaubert, Gustave 150 Ghazali, Abu Hamid al- 57 incorporated limited companies 178, 179 Florence 82, 83 India 16, 17, 35, 244, 295 food Indigenous Peoples 169, 252","INDEX 331 individualism 28, 150 copyright law 106, 286, 287 K Lisbon, Treaty of 236 industrial injuries 13, 123, 164\u2013167, internet law 310\u2013313 Liu Bang 29 privacy law 268, 308\u2013309 kapu system 318 Lloyd George, David 192, 215 180\u2013183 INTERPOL 13, 220\u2013221, 269, 272, 306 Karad\u017eic\u00b4, Radovan 204, 209 Local Government Act (UK, 1894) 188 Industrial Revolution 13, 91, 122, 123, inventions 82\u201384 Katyn Massacre 208 Lochner v. New York 128 IRA 233 Kellogg-Briand Pact 207 Locke, John 12, 72, 81, 103, 107, 116 157, 158, 164 Iran 292 Kennedy, John F. 245\u2013246, 253 London Charter 205, 206, 207, 208 informers 259 Iran-Iraq War 277 Kennedy, Robert 255 London Dock Strike 159 inheritance 131, 261 Iraq 277, 302 Kenya 301, 302 Louis IX of France 41, 144 innocence, until proven guilty 119 Ireland 140, 142, 319 Kenyatta, Uhuru 302 Louis XIV of France 140 Innocent III, Pope 52, 53, 69 iron, ordeal by 52 Keynes, John Maynard 280 Louis XVI of France 96, 118 Institute of International Law (IIA) 175\u2013176 Iron Curtain 201 KGB 191 L\u2019Ouverture, Toussaint 137 insurance, workers\u2019 123, 164, 166, 167 Isabella I of Castile 86, 87 Khrushchev, Nikita 245 love thy neighbor 194, 195 intellectual property 84, 268, 282 Isidore of Seville 61 Kim Dotcom 287 Lowe, Robert, Viscount Sherbrooke 179 Intelligence Community Whistleblower Islamic law 12, 40, 50, 54\u201357, 228, 229, King, Martin Luther Jr. 252\u2013253 Lubanga, Thomas 177, 300 Koran 12, 40, 50, 54\u201357 Luther, Martin 320 Protection Act (US, 1998) 274 295, 320\u2013321 Kosovo 268 Luxembourg 297 Intergovernmental Panel on Climate ISPs 311\u2013313 Ku Klux Klan 252, 259 Israel 303, 322\u2013323 Kurds 211, 277 M Change (IPCC) 305 Italy 153, 296 Kyoto Protocol 269, 305 Intermediate-Range Nuclear Forces Ivory Coast 301 Maastricht Treaty 236, 241 L Mabo Decision 169 Treaty 247 J MacArthur, General Douglas 208 International Atomic Energy Agency labor shortages 89 Machiavelli, Niccolo 92 Jackson, Andrew 128, 129 Labour Party (UK) 156, 159 Madison, James 113, 114, 115, 117, 127 (IAEA) 247 Jackson, Robert H. 205, 207, 209 Lafayette, Marquis de 118\u2013119 Madrid, Treaty of 86 International Campaign to Ban James I of England 85 land tenure Mafia 221, 259 James II of England 13, 102, 103, 116 Magna Carta 12\u201313, 51, 65, 66\u201371, 96, Lindmines (ICBL) 288 Japan 162, 208, 277, 300 canon law 62\u201363 International Committee of the Blue Jefferson, Thomas 101, 112, 115, Domesday Book 58\u201359 97, 102, 109, 112, 115, 118, 130 indigenous peoples 169, 252 Mahdi, Ahmad al- 301 Shield 177 119, 126 trial by combat 50, 53 Majid, Ali Hassan al- (Chemical Ali) 277 International Conference on Biological Jeffreys, Alec 272 landmines 268, 288\u2013289 majority rule 116 Jerusalem 17, 38, 39, 40 Langdell, Christopher Columbus 109 Mali 301 Diversity 270 jettison, law of 25 Laozi 27, 28 Malik ibn Anas 56 International Convention Against Jews see Judaism Lateran Council, Fourth 64, 65 Malynes, Gerard de 74, 76 \u201cJim Crow\u201d laws 123, 201, 250, 251 law enforcement 122, 140\u2013143 Man and the Biosphere Programme Doping in Sport 269, 304 Joan of Arc 320 DNA profiling 272 International Covenant on Civil and John I, Pope 61 INTERPOL 220\u2013221 (MAB) 271, 279 John II of Portugal 86\u201387 police 122, 140\u2013143 Mandate of Heaven (tianming) 12, 16, 24 Political Rights (ICCPR) 201, 224, John XXIII, Pope 63 Law of Nations (Vattel) 80, 81, 92, 108 Mandela, Nelson 227 225, 228, 256\u2013257 John of England 51, 68\u201370, 71, 109, 118 law schools, medieval 319 Manual on the Laws of War on International Criminal Court (ICC) 152, John-Paul II, Pope 295 Lawless v. Ireland 230 155, 177, 200, 209, 215, 216, 219, Johnson, Andrew 139 Lawrence, D. H. 150 Land 176 269, 298\u2013303 Johnson, Lyndon B. 253 League of Nations 94, 108, 134, 193, Manusmriti 17, 35 International Criminal Police Joint Stock Companies Acts (UK, Mapp v. Ohio 186, 187 Commission (ICPC) 220, 221 200, 204, 214, 215\u2013217, 218, 221, Marbury v. Madison 112, 126\u2013128 International Criminal Police Congress 1844\/1856) 178, 179 224, 238 Marine Police 141\u2013142 220, 221 Josiah, King of Judah 22 legal codes, early 18\u201319 marine reserves 270 international free trade 278\u2013283 Joyce, James 150 Legalism 12, 16\u201317, 26, 27, 28\u201329 maritime law 12, 16, 25, 74 international law Judaism legislative harmonization 160\u2013161, 243 marriage commercial law 13, 51, 74\u201377 Leibniz, Gottfried Wilhelm 108 contract law 148 Mishnah and Talmud 38\u201341 Lemkin, Raph\u00e4el 206, 210\u2013211 freedom to choose 62 copyright law 106 persecution of Jews 123, 197, Lenin, Vladimir Ilich 123, 190, 191, 219 inter-faith 45 European Court of Justice (ECJ) Lex Aquila 17, 34 inter-race 98, 101 234\u2013241 204\u2013207, 210, 221, 225 Lex Mercatoria 51, 74\u201377 same-sex 292\u2013295 Geneva Conventions 152\u2013155 Ten Commandments and Mosaic law Lex Rhodia 12, 16, 25 Married Woman\u2019s Property Acts (UK, Genocide Convention 210\u2013211 lex talionis 18, 19, 151 Hague Conventions 174\u2013177 12, 16, 20\u201323 Lex Visigothorum 319 1870\/1882\/1884) 188\u2013189 Helsinki Treaty 242\u2013243 judges, independent 71 LGBTQ rights 233, 292\u2013295 Marshall, John 126, 127, 128 International Criminal Court 298\u2013303 judicial review 112, 122, 126\u2013129 liberty 81, 119, 122, 130, 131, 227 Marshall Plan 238 law of nations 108 Judiciary Act (US, 1789) 126 libraries, legal deposit 107 Marx, Karl 165, 190, 191, 220 law of war and peace 80, 92 jurisprudence, Islamic schools of 56 Licinius, Emperor 45, 46 Mary I of England 81, 106 Scandinavian cooperation 160\u2013161 jury, trial by 51, 64\u201365 Lieber Code 92, 152, 154, 174, 175, 176, 215 Mary II of England 102\u2013103, 116 Treaty of Tordesillas 86\u201387 jus novum 63 life, right to 227, 232 Mary of Modena 102 Treaty of Versailles 192\u2013193 just war 73 limited companies 178\u2013179 mass extinctions 264, 271 United Nations and International justices limited liability 178, 179 mass shootings 196 Court of Justice 212\u2013219 Lincoln, Abraham 116, 117, 139, 152, Massachusetts Body of Liberties 146 Westphalian sovereignty 94\u201395 itinerant 64, 65 154, 175, 215 Match-Fixing Task Force (IMFTF) 269, see also human rights; humanitarian of the peace (JPs) 141 law; military law Justinian I, Emperor 25, 34, 36, 37, 50, 306\u2013307 International Military Tribunals 205, 300 McCorvey, Norma 261\u2013262 International Monetary Fund (IMF) 214, 60, 61, 62, 148 McKinley Tariff Act (US, 1890) 170 280, 281, 282 McLaren Report 304 International Olympic Committee (IOC) 304 International Peace Bureau 176 International Union for the Conservation of Nature (IUCN) 265 internet","332 INDEX Mecca 50, 54, 55 Napoleonic Wars 131, 154, 236 ordeal, trial by 52\u201353, 64, 65 police 122, 140\u2013143 medical ethics 296\u2013297 nation-states 80, 122, 174, 192, 218, 219 \u00d8resund Bridge 242, 243 INTERPOL 13, 220\u2013221 medical research 163, 284 National Assembly (France) 102, Organisation for the Prohibition of medicines 282 political asylum 227 Medina 55 118\u2013119, 130, 224 Chemical Weapons (OPCW) 277 political murders 301 Megan\u2019s Law 285 National Assistance Act (UK, 1948) 88 Organization for Economic Cooperation poor laws 13, 80, 88\u201391 Megaupload 287 National Association for the Portugal Meiji Emperor 162 and Development (OECD) 287 mens rea (criminal intent) 70 Advancement of Colored People organized crime 13, 201, 221, 259, colonial empire 80, 86\u201387 mercantile law see commercial law (NAACP) 251\u2013252 drug strategy 268, 290\u2013291 Mercosur 283 national identity 130 269, 306 poverty 13, 88\u201391, 225, 282 mergers and acquisitions 172, 184, 185 national parks 270\u2013271 Oslo Accords 322\u2013323 powers, separation of 13, 116 Mesopotamia 12, 16, 18, 23, 86, 118 national sovereignty 80, 122, 301 Ottawa Treaty 288, 289 presidency, US 113\u2013114, 115 Metropolitan Police Act 1829 (UK) 122, NATO (North Atlantic Treaty Ottoman Empire 57, 192 press, freedom of 119, 309, 323 Organization) 242, 243 price fixing 184 142\u2013143 natural justice 73 P priests 45, 46 Microsoft 173, 184 natural law 50\u201351, 72\u201373 primogeniture 131 Milan, Edict of 17, 45\u201346 Aristotle 17, 32\u201333, 37, 103, 226\u2013227 Paine, Thomas 224 printing 106 militarism 175 Grotius 92 Pakistan 57, 244 prisoners of war 154, 155, 175, 177 military conduct 152, 301 natural rights 92, 103, 116 Palestine Liberation Organization (PLO) privacy law 308\u2013309 military law 200, 202\u2013209 nature conservation 264\u2013265 privacy, right to 233, 257, 262, 285 Mill, James 117 Nazi regime 123, 154, 177, 192, 200, 322\u2013323 pro-choice 262\u2013263 Mill, John Stuart 116 204\u2013209, 210, 221, 225, 227, 232, pandemics 323 pro-life 263 Milo\u0161evic\u00b4, Slobodan 152, 204, 209 242, 277 Pankhurst, Emmeline 188, 189 property Milton, John 106\u2013107 Nebuchadnezzar, King of Babylon 22 papacy 63, 64, 65, 69, 70, 87, 320 confiscation of 65, 70 mine-clearance programs 289 necessity, and murder 168 Papua New Guinea, Underlying Law Domesday Book 59 Mines Act 1842 (UK) 143 negligence 123, 194\u2013195 private 17, 34 minority rights 224 net neutrality 310\u2013313 Act (2000) 323 rights 62\u201363, 227 Miranda v. Arizona 187, 201, 254\u2013255 Netherlands Paris, Treaty of (1783) 112 protectionism 281, 283 Mishnah 38\u201341 euthanasia 296, 297 Paris, Treaty of (1951) 238\u2013239 Protestantism 63 Mladic\u00b4, General Ratko 204, 209 same-sex marriage 268, 269, 292, 293 Paris Agreement (2015) 305 Provisions of Oxford 71 monarchy neutrality 242\u2013243 Paris Commune 190, 191 public interest 274, 309 New Deal 180, 183, 214 Paris Peace Conference (1919) 215 punishments abolition of 81, 96, 130, 131 New Testament 44, 60 Parks, Rosa 252 17th-century 141 constitutional 102\u2013103 New World 80, 86\u201387 parliamentary authority 81, 96\u201397, in Chinese philosophy 27, 28, 29 divine right 81, 96, 103, 119 New Zealand 123, 188, 189, 321 death penalty 12, 122, 151, 232, land rights 58\u201359 Nicaea, First Council of 46\u201347, 60, 61 103, 116 limitations on power 51, 68\u201371, 80, 81 Nicholas II of Russia 176, 190 parliamentary debate 129 233, 256 right to rule 24 Nixon, Richard M. 255, 290 parliamentary democracy 70\u201371 early legal codes 18, 19 monastic rules 61, 63 nobility, hereditary 131 Partial Nuclear Test Ban Treaty 144, Islamic law 57 Monnet, Jean 237, 238 Nomos Rhodion Nautikos 25, 74, 75 of poverty 91 monopolies 82, 84\u201385, 123, 170, Non-Proliferation of Nuclear Weapons, 201, 246 trial by ordeal\/combat 12, 19, 50, 51, Treaty on the 246 patent law 80, 82\u201385 171\u2013172, 184, 185 Nordic Civil Law Commission 160 Paul 44 52\u201353, 64 monotheism 22 Nordic Council 160, 200, 201, 242, 243 pay, equality of 268, 269, 314\u2013315 witchcraft 105 Montesquieu, Charles 31, 116, 119 Nordic Council of Ministers 242, 243 peace, crimes against 206, 207, 208 Moon Treaty 322 Nordic Inter-Parliamentary Union 242 peace campaigns 176 Q More, Hannah 135, 136 Nordic Passport Union 242 peacekeeping 214, 216, 217, 218 Mosaic law 12, 16, 18, 20\u201323, 39, 44 Norman Conquest 51, 53, 58, 59 Peel, Robert 142, 143 Qin dynasty 24, 26, 28, 29 Moscow Declarations (1943) 204\u2013205 North America penal settlements, Australia 321 Qin Shi Huang, Emperor 24, 29 Muhammad, the Prophet 32, 50, 54\u201355, 56 independence 71 Penn, William 236 Queen v. Dudley and Stephens 168 multilateral trade agreements 283 witch trials 52 peonage 139 Municipal Corporations Act (UK, North Korea 244, 247, 276, 289 Perkins, Frances 183 R Norway 160\u2013161, 242\u2013243 Permanent Court of Arbitration 214, 215 1835) 140 nuclear power 239\u2013240 Permanent Court of International racial law 197 murder 12, 168 nuclear weapons 201, 219, 244\u2013247 racism 123, 129, 139, 225, 227, Nuremberg Laws 123, 197 Justice (PCIJ) 204, 214, 218 abortion as 263 Nuremberg Trials 177, 200, 202\u2013209, personal injury 195 248\u2013253, 256, 257 political 301 210, 300 personal rights 262 Ranulf de Glanvill 51, 70 of slaves 100 Perth, Treaty of 86 rape 211, 273, 285, 303 Murray, William, 1st Earl of Mansfield O Peterloo Massacre 142 Rashi 38, 41 Petition of Right 96, 97 Reagan, Ronald 246 77, 134, 135 Obama, Barack 229, 284, 313 Philippines 303 reason 33, 72, 92, 119 Music Modernization Act (US, 2018) obscenity laws 150 philosophy Red Cross, International Committee of oligarchy 31 286, 287 Olympic Games 304 Chinese 24\u201327 the (ICRC) 153, 154, 155, 289 mutilation 28 OPEC (Organization of the Petroleum Enlightenment 116 Reformation 80, 320 mutual (friendly) societies 164\u2013165 Greek 12, 31, 32\u201333 refugees 219, 225, 227, 303 Myanmar 300, 301, 303 Exporting Countries) 240 Phips, William 104, 105 Relief Committee for Injured Open Internet Order (2015) 310\u2013313 picketing 159 N opium 290 piracy 287 Combatants (IRCIC) 153, 154 plague 89 religion, freedom of 94\u201395, 102, 225, Napoleon I, Emperor 122, 130, 131, 150, 236 plantations 99\u2013101, 134, 136, 137, 138, 139 Napoleon III, Emperor 150, 152\u2013153 Plato 12, 17, 31, 32, 33 228, 233, 257 Napoleonic Code 13, 122, 130\u2013131 plebeians 30, 34 religious tolerance 81, 118, 119 poison gas 176, 177 Poland, constitution 112","INDEX 333 Renaissance 37, 80, 82\u201383 sanitary provisions 183 Somerset v. Stewart 134\u2013135 T reparations 193, 201, 232 sarin gas 276 Sophocles 32 repatriation 154, 155 Saudi Arabia 57, 188, 228 South Africa Taff Vale Judgment 159 Representation of the People Act (UK, Saxons 51 Taliban 57 Scandinavian cooperation 160\u2013161, apartheid 226, 227, 318, 322 Talmud 16, 20, 38\u201341 1918) 188\u2013189 same-sex marriage 295 Tan, Dan 306, 307 republics 81, 117 200, 201, 242\u2013243 South America 87 Taney, Roger B. 126, 138 responsibility, and negligence 194\u2013195 Schengen agreements 221, 240, 242 South Korea, Infectious Disease Tang Code 319 retaliation 18, 19, 151 Schmitz, Kim 287 Tarbell, Ida 185 revolution 103, 118, 119, 122, 130\u2013131, Schuman, Robert 237, 238 Control and Prevention Tavole Amalfitane 74, 75 Scopes, John 322 Act (2009) 323 Telecommunications Act (US, 1996) 136, 138 Scotland 52, 157 South Sea Company 178 Revolutionary War 112, 114, 117, 127, scrolls, Torah 23 South Sudan 276 310, 311 scutage 68, 69 sovereignty Ten Commandments 16, 20, 22, 23 136, 138, 224 sea, law of the see maritime law of law 31 tenants-in-chief 59 Rhodes 16, 25 search and seizure, unlawful national 80, 122, 301 territorial disputes 86\u201387 Richard I of England 71 parliamentary 103 terrorism 13, 180, 219, 220, 221, Richard II of England 152 186\u2013187, 254 state 92, 95 Roe v. Wade 126, 129, 201, 260\u2013263 Seattle, Battle of 281 tribal 128 230, 233, 323 Roerich, Nicholas 177 secularism 131, 233 Soviet Union Thatcher, Margaret 240 Rohingya people 210, 301 segregation, racial 98, 129, 139, 227, arms race\/control 244\u2013247, 276, Theodosius I, Emperor 47, 60, 62 R\u00f4les d\u2019Ol\u00e9ron 76 277, 280 Thessalonica, Edict of 47 Roman Catholic Church 17, 50\u201351, 63, 250\u2013252, 275 constitutional law 190\u2013191 thief-takers 141 self-incrimination 254\u2013255 and Scandinavia 242\u2013243 Third World 281 80, 81 self-interest 27, 28 see also Cold War; Russia Thirty Years\u2019 War 94\u201395, 108 Inquisition 93 Senate (US) 114, 126 Spain thought, freedom of 257 same-sex marriage 295 separate legal personality (SLP) 178 colonial empire 80, 86\u201387, 320 Thunberg, Greta 219 see also canon law; Church; papacy Severus Alexander, Emperor 36\u201337 data protection 308\u2013309 Timbuktu 301 Roman Empire 17, 44\u201347, 50 sex crimes 233, 301 Siete Partidas 320 Tokugawa shogunate 162 Roman Inquisition 93 sex offenders 285 spectral evidence 104, 105 Tokyo Charter (1945) 208 Roman law 16, 30, 33, 34, 36\u201337, 50, sex trafficking 220 speech, freedom of 119, 225, 227, Tokyo Tribunals 208, 300 Sexual Offences Act (UK, 1967) 294 232, 274 Tolpuddle Martyrs 157 61, 62, 63, 148 sexuality 292\u2013295 Speer, Albert 207 Torah 12, 16, 17, 19, 20\u201323, 40 Roman Republic 12, 17 Shafi, al- 56 Spinelli, Altiero 241 Tordesillas, Treaty of 80, 86\u201387 Romanies 210 Shang dynasty 16, 24 sports law 269, 304, 306\u2013307 tort law 194\u2013195 Rome, Treaty of 173, 236, 239, 314 Shang Yang 28\u201329 squatters 168 torture 104, 177, 227, 229, 257, 296 Rome Statute 152, 300, 301, 303 shareholders 178\u2013179 Stalin, Joseph 190, 205, 217, 218, totalitarianism 29 Roosevelt, Eleanor 209, 214, 225, 226 Sharia law 12, 40, 55, 57, 228, 295 243, 261 trade see commercial law Roosevelt, Franklin D. 71, 180, 183, 196, Shawcross, Sir Hartley 205, 207 Standard Oil 170, 171, 172, 184, 185 Trade and Navigation Acts (UK) 134 Sherman, John 171 staple ports 77 Trade Disputes Act (UK, 1906) 204, 205, 214, 215, 216, 217, 218, Sherman Antitrust Act (US, 1890) Stationers\u2019 Company 106, 107 225, 280 Statute of Anne 106, 107, 286 156, 159 Roosevelt, Theodore 176, 185, 225 123, 170\u2013173, 184, 185 Statute of Cambridge 88, 89 Trade Marks Registration Act Rousseau, Jean-Jacques 116, 119, 147 Shia Islam 56 Statute of Labourers 88, 89 Royal Society for the Prevention of sickness benefits 166 Statute of Monopolies 82, 85 (UK, 1875) 321 Cruelty to Animals (RSPCA) 163 silence, right of 187, 254\u2013255 Statute of Winchester 140 trade triangle 134 royalties 286, 287 Single European Act (1986) 241 stem-cell research 284 Trade Union Act (UK, 1871) 13, 122, Rushdie, Salman 93 Sino-Japanese War 277 Stoicism 33 Russia Six Statutes 70 Stoll, Martin 232\u2013233 157, 158\u2013159 arms control 247 skills shortages 156 Stonewall Riots 292 trade unions 13, 156\u2013159, 181 constitutional law 123, 190\u2013191 slavery 33, 73, 80\u201381, 113, 119, 227 stoning 57 Trades Union Congress (TUC) doping in sports 304 Stopes, Marie 261 homosexuality 292, 294 abolition of slave trade 101, 115, streaming 286, 311, 312 156, 159 Sobornoye Ulozheniye 320 122, 132\u2013139, 224 strict nature reserves 270 Trail of Tears 128 zapovedniks 271 strikes 156\u2013159 transatlantic slave trade 134\u2013135 Russian Civil War 191 modern 139, 323 Sudan 268, 301, 302 transgender rights 295 Russian Revolution 123, 190, 191 slave codes 80, 98\u2013101 Suffragettes 188\u2013189 Transportation Act (UK, 1717) 321 Russo-Japanese War 176 Smith, Adam 170, 280 suicide, assisted 232, 296\u2013297 treason 80, 96, 102 Rwandan genocide 210, 211, 300, 301 soccer 304, 306, 307 Suleiman the Magnificent, Sultan 57 Trent, Council of 63 social change 201 Sumerians 18 trespass 168 S social contract 103, 116 Summa Theologica (Aquinas) 32, trial, right to a fair 228 social hierarchy 35, 73 51, 73 trial by combat 12, 50, 52\u201353 sacrifices, animal 39 social justice 183 Sunni Islam 56 trial by ordeal 12, 19, 51, 52\u201353, 64 St. Catherine\u2019s Milling case 169 social media 311 sustainability 214, 216, 243, 269, 271 Triangle Shirtwaist Factory fire \u201cSaint Christopher case\u201d 168 social order 27, 28 sweatshops 183 St. Petersburg Declaration 174 Social Security Act (US, 1935) Sweden 160\u2013161, 242\u2013243 180\u2013183 St. Valentine\u2019s Day Massacre 196 Switzerland, euthanasia 296, 297 tribal sovereignty 128, 252 Salazar, Ant\u00f3nio de Oliveira 290 164, 167 synods 45 Triple Entente 192 Salem witch trials 81, 104\u2013105 social welfare 88\u201391 Syrian civil war 210, 218, 268, 276, Truman, Harry 251 Salic Laws 52 Socialist Workers\u2019 Party 165\u2013166 277, 303 Trump, Donald 129, 260, 263, 283, Salomon v. Salomon & Co. Ltd. 178\u2013179 Society for Effecting the Abolition same-sex marriage 129, 268, 269, 289, 305, 313 of the Slave Trade 134, 135\u2013136 trusts 170\u2013173 292\u2013295 Society for the Prevention of Cruelty Tudor England, poverty in 90 Sanger, Margaret 261 Turner, Nat 100, 101 to Animals 146, 147 Tutsi 211 Socrates, trial of 318 Solferino, Battle of 153","334 Twelve Tables 12, 17, 30, 34, 36 UNDP 216 Vattel, Emmerich de 80, 81, exploitation in armed conflict 303 two-track internet network 312, 313 UNEP 216 92, 108 gender gap 314\u2013315 tyranny 71, 96, 114, 115 UNESCO 177, 216, 269, 270\u2013271, 304 in police 140 UNFCCC 305 Venezuela 122, 151 rights of 70, 119, 126, 131, 136, 138, U Universal Declaration of Human Venice 75, 76, 106 183, 188\u2013189, 201, 229, 256, 257 Uganda 300 Rights (UDHR) 72, 73, 112, 118, Venetian Patent Statute 80, 82\u201385 under Islamic law 57 Ulpian 17, 33, 34, 36\u201337 134, 200, 209, 214, 222\u2013229, 230, Versailles, Treaty of 94, 123, 192\u2013193, voting rights 13, 117, 123, 188\u2013189 Umayyad dynasty 56 232, 256 Women Strike for Peace 245 UNIDROIT 74, 77 WFP 216 224, 276 Women\u2019s Social and Political Union United Kingdom WHO 216, 290 video piracy 287 WIPO 268, 286\u2013287 Vienna Convention 77 (WSPU) 188 abolition of death penalty 151 United States Vikings 51, 59 Woodstock Code 52 abolition of slavery 134\u2013137 abolition of slavery 101, 137\u2013139 villeins 59, 68 workhouses 88, 91 company law 178\u2013179 abortion 260\u2013263 Virginia Declaration of Rights 118 working conditions 13, 123, 180\u2013183 contract law 148\u2013149 arms race\/control 244\u2013247, 276, Virginia Plan 113 Workmen\u2019s Compensation Act (UK, copyright law 286 277, 280 virtue 72 criminal law 168 Bill of Rights 71, 81, 102, 115, 116, vivisection 163 1897) 164, 167 drug policy 290, 291 117, 130, 186 Voltaire 119, 146, 147 World Anti-Doping Agency electoral reform 188\u2013189 Civil Rights movement 201, voting rights 13, 98, 117, 123, 139, employment law 156\u2013159, 164\u2013165, 248\u2013253 (WADA) 304 commercial law 170\u2013173, 184\u2013185 188\u2013189, 233, 250, 252, 253, World Bank 214, 280, 281, 282 166\u2013167, 274, 315 Constitution 71, 81, 108, 109, 257, 275 World Network of Biosphere Reserves European Union 236, 240\u2013241 110\u2013117, 122, 126, 127, 128, euthanasia 297 130, 138, 186 W (WNBR) 270\u2013271 gambling regulation 144\u2013145 constitutional amendments 115, World Press Freedom Index 323 homosexuality 294 117, 126, 138, 139, 186, 189, wages, law of 91 World Trade Organization (WTO) internet law 313 196, 254\u2013255, 262, 285 want, freedom from 225 law enforcement 140\u2013143 constitutional law 186\u2013187, 254\u2013255 war crimes 152, 154, 177, 200, 268, 278\u2013283 tort law 194\u2013195 contract law 145 World War I 94, 108, 177, 189, 206, see also England; Scotland copyright law 286, 287 202\u2013209, 215, 300\u2013303 United Nations 212\u2013219 criminal law 259, 285 war on drugs 290, 303 215, 300 Charter 95, 200, 225 death penalty 151 warfare chemical weapons 276 contract law 148 Declaration of Independence 98, treaty of Versailles 123, 192\u2013193, ECOSOC 216 108, 112, 116, 118, 224, 250 Geneva Conventions 122, 123, FAO 216 disability legislation 268, 275 152\u2013155 201, 224 foundation of 13, 177, 200, 216\u2013217 drug policy 290, 291 World War II and GATT 280 electoral reform 188, 189 Grotius 92 General Assembly 216, 217, 219, employment law 164, 167, 180, Hague Conventions 123, 174\u2013177 African Americans in 251 274, 314, 315 International Criminal Court (ICC) atrocities 118, 154\u2013155, 177, 225, 226 226, 300 euthanasia 296, 297 chemical weapons 277 Genocide Convention 206, 209, family law 284 298\u2013303 Nuremberg Trials 204\u2013209, 300 federal law 124\u2013129 Nuremberg Trials 200, 202\u2013209 origins of 193 210\u2013211, 301 gambling regulation 144 see also arms control and origins of United Nations 200, Human Rights Committee 224, gay rights 292\u2013295 Warring States period 16, 17, 26, gun control 196 214, 215\u2013216 256, 257 internet law 310\u2013313 28, 29 Scandinavia in 242\u2013243 ILO 314 police 143 Washington, George 112, 115, 116, unexploded weaponry 289 International Bill of Human Rights slave codes 98\u2013101 worship, freedom of 46 Supreme Court 112, 114, 122, 124\u2013129, 117, 126 Wu, King 12, 16, 24 224, 226, 228, 256 138, 262, 263, 294\u2013295, 313 water, trial by 19, 52, 53, 65 International Court of Justice (ICJ) trade unions 156, 158 Weeks v. United States 186\u2013187 X trade war with China 283 Weimar Republic 192 216, 218\u2013219, 247 wildlife conservation 264\u2013265 welfare systems 91, 166 Xi Jinping 283 International Covenant on Civil see also Cold War Westphalia, Peace of 80, 92, 94\u201395, United States v. Calandra 186 Y and Political Rights (ICCPR) United States v. Leon 187 108 201, 224, 225, 228, 256\u2013257 Universal Service Obligation 313 whistleblowers 274 Yalta Conference 217, 218 International Covenant on Ur-Nammu 12, 16, 18, 19 white supremacists 250, 252, 259 Yassa 319\u2013320 Economic, Social, and Uruk 18 Wilberforce, William 137 Yazidi people 210 Cultural Rights (ICESCR) 224, USA PATRIOT Act (2000) 323 wildlife conservation 264\u2013265, 270\u2013271 Yellowstone National Park 270, 271 225, 228, 256 Wilhelm I of Germany 165, 166 Yugoslavia, former 204, 209, 210, and international crimes 300 V Wilhelm II of Germany 300 International Criminal Court 152, William I (the Conqueror) of England 211, 300, 301 155, 177, 209, 215, 219 vagabonds 88, 89\u201390, 91 International Peacekeeping Force Valachi, Joe 259 50, 58, 59, 68 Z 214, 216, 218 Valentinian, Emperor 34 William III of England 102\u2013103, 116 racial discrimiation 224, 227, 256 Van Gend en Loos v. Nederlands Inland Wilson, Woodrow 123, 184, 185, 192, Zakkai, Rabbi Yochanan ben 39 rights of children 219, 229, 256 Zeno 33 rights of indigenous peoples 169 Revenue Administration 240 193, 270 Zhou dynasty 12, 16, 17, 24, 26 rights of women 224, 229, 256 WIPO Copyright Treaty (WCT) Zong massacre 135 Secretariat 216 Security Council 216, 217\u2013218, 302 286\u2013287 UNAEC 244 witchcraft 52, 81, 104\u2013105 UNCIO 214 witness protection 201, 259 UNCITRAL 77 Wolf v. Colorado 186, 187 Wolff, Christian 108 Wollstonecraft, Mary 135, 136 women abortion 260\u2013263 equal pay 268, 269, 314\u2013315 equality 119, 260, 263","335 QUOTE ATTRIBUTIONS THE BEGINNINGS OF LAW THE RISE OF THE RULE OF LAW 234 Lord Mance, British judge 18 The Code of Hammurabi 124 Franklin D. Roosevelt, 32nd US president 242 Hans Christian Andersen, Danish author 20 Leviticus 16:34 130 Napoleonic Code, Book I 24 Ode on King Wen, Shijing (The Book of Odes) 132 Isaiah 58:6 244 John F. Kennedy, 35th US president 25 Antoninus Pius, Roman emperor (138\u2013161) 140 Patrick Colquhoun, Scottish magistrate 26 Shang Yang, ancient Chinese philosopher 144 Gaming Act, 1845, Section XVIII 248 Martin Luther King Jr., American civil 146 Jean-Jacques Rousseau, French philosopher rights activist and politician 148 Baron Alderson, Hadley v. Baxendale ruling 30 Twelve Tables, Table XII 150 Ernest Pinard, French prosecutor 254 US Supreme Court, Miranda v. Arizona ruling 31 Plato, Laws 151 Desmond Tutu, South African cleric 32 Cicero, Roman statesman 152 Mehzebin Adam, curator of the British 256 International Covenant on Civil and 34 Justinian, Digest Political Rights, preamble 35 The Manusmriti Red Cross Museum & Archives 36 Ulpian the Jurist, cited in Justinian\u2019s Digest 156 Trades Union Congress, official website 258 Resolution, British organization campaigning 38 Pirkei Avot 160 Johan Levart, Swedish journalist for no-fault divorce 42 Constantine I, Roman emperor (306\u2013337) 162 The Charter Oath, Article 4 163 Charles Darwin, British scientist 259 US Organized Crime Control Act, 1970 LAW IN THE MIDDLE AGES 164 Otto von Bismarck, German statesman 168 Indictment for the murder of Richard Parker, 260 Potter Stewart, Roe v. Wade ruling 52 William II, King of England (r. 1087\u20131100) 54 Koran 5:48 The Queen v. Dudley and Stephens 264 Richard Nixon, 37th US president 58 Anglo-Saxon Chronicle, 1085 169 Law in Action: Understanding Canadian 60 Gratian, Decretum X 5.1.6 LAW IN THE MODERN AGE 64 Assize of Clarendon Law, Pearson Education Canada 66 Magna Carta, Chapter 40 170 Sherman Antitrust Act, 1890 270 The Guardian, January 2011 72 Thomas Aquinas, Italian philosopher 174 Hague Convention, 1899, Chapter I, Article 1 178 Ann Ridley, Company Law 272 Barry Scheck, Peter Neufeld, and and theologian 180 New York Daily Tribune, 1911 Jim Dwyer, Actual Innocence 74 Giles Jacob, British legal writer 184 Cullom Davis, The Transformation of the 274 Barack Obama, 44th US president EMPIRE AND ENLIGHTENMENT Federal Trade Commission 1914\u20131929 186 Felix Frankfurter, Austrian-American jurist 275 Justin Dart, American disability 82 Venetian Patent Statute 188 Susan B. Anthony, American women\u2019s rights activist 86 Treaty of Tordesillas 88 Poor Law Act, 1535 rights activist 276 Organisation for the Prohibition of 92 Hugo Grotius, On the Law of War and Peace 190 Russian Constitution, Article 18 Chemical Weapons 93 Trial of Galileo Galilei, sentence 192 David Lloyd George, 94 Henry Kissinger, American politician 278 Roberto Azev\u00eado, director general UK prime minister (1916\u20131922) of the World Trade Organization and diplomat 194 Lord Atkin, Donoghue v. Stevenson ruling 96 Charges against Charles I 196 General Homer Cummings, 284 Julia Neuberger, The Lancet 98 Act of the Virginia Commonwealth, American politician 285 Megan Nicole Kanka Foundation, 1705, Section II 197 United States Holocaust Memorial Museum, official website 102 English Bill of Rights 104 Exodus 22:18 official website 286 John Oswald, Canadian composer 106 Statute of Anne, Section II 108 Emmerich de Vattel, The Law of Nations A NEW INTERNATIONAL ORDER 288 Jody Williams, American human 109 Daniel Boorstin, The Mysterious Science rights activist 202 John and Ann Tusa, The Nuremberg Trial of the Law 210 Raphael Lemkin, Polish lawyer 290 Jo\u00e3o Castel-Branco Goul\u00e3o, national 110 US Constitution, Article VI 212 Harry S. Truman, 33rd US president drug coordinator for Portugal 118 Declaration of the Rights of Man and of 220 Extract from INTERPOL\u2019s motto 222 Universal Declaration of Human Rights, 292 Peter Hart-Brinson, The Gay the Citizen, Article 1 Marriage Generation Article 7 230 European Convention on Human Rights, 296 Slogan of the British charity Dignity in Dying Article 5 298 Kofi Annan, UN secretary general (1997\u20132006) 304 UNESCO International Convention Against Doping in Sport 305 The Guardian, February 2005 306 Chris Eaton, Sports Integrity Director, International Centre for Sport Security 308 General Data Protection Regulation, Article 17 310 Net neutrality campaign website battleforthenet.com 314 The Fawcett Society, British charity campaigning for gender equality","336 ACKNOWLEDGMENTS Dorling Kindersley would like to thank Ira Sharma, Stock Photo: Pictorial Press Ltd. 106 Alamy Stock Astrada. 219 Alamy Stock Photo: UPI \/ Jemal Vikas Sachdeva, Shipra Jain, and Sampda Mago Photo: Chronicle (cb). 109 Alamy Stock Photo: Countess (ca). 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