A scientific law, is a law-like statement that generalizes across a set of conditions. To be accorded law-like status a wide variety of these conditions should be known, i.e. the law has a well documented history of successful replication and extension to new conditions. Ideally boundary conditions, where the law fails, should also be known.
A scientific law concerns the physical world. It therefore must have empirical content and consequently be capable of testing and potentially of disproof. Analytic statements that are true or false by logic alone are not scientific laws, though may feature as part of scientific theories.
While the concept of a scientific law is closely related to the concept of a scientific theory, it is important to realize that a scientific law does not grow from or supersede a related scientific theory. A scientific law attempts to describe an observation in nature while a scientific theory attempts to explain it.
The term "scientific law" is traditionally associated with the natural sciences and hence the term is used interchangeably with the term physical laws. The biological sciences also have scientific laws, such as Mendelian inheritance and the Hardy-Weinberg principle found in genetics. The social sciences also contain scientific laws
Monday, August 18, 2008
Consumer law
Consumer protection law or consumer law is considered an area of public law that regulates private law relationships between individual consumers and the businesses that sell those goods and services. Consumer protection covers a wide range of topics, including but not necessarily limited to product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other consumer/business interactions.
Such laws deal with credit repair, debt repair, product safety, service contracts, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy and much more.
Such laws deal with credit repair, debt repair, product safety, service contracts, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy and much more.
Water law
Water law is the field of law dealing with the ownership, control, and use of water as a resource. It is most closely related to property law, but has also become influenced by environmental law. Because water is vital to living things and to a variety of economic activities, laws attempting to govern it have far-reaching effects.
Water has unique features that make it difficult to regulate using laws designed mainly for land. Water is mobile, its supply varies by year and season as well as location, and it can be used simultaneously by many users. As with property (land) law, water rights can be described as a "bundle of sticks" containing multiple, separable activities that can have varying levels of regulation. For instance, some uses of water divert it from its natural course but return most or all of it (eg. hydroelectric plants), while others consume much of what they take (especially agriculture), and still others use water without diverting it at all (eg. boating). Each type of activity has its own needs and can in theory be regulated separately. There are several types of conflict likely to arise: absolute shortages; shortages in a particular time or place; diversions of water that reduce the flow available to others; pollutants or other changes (such as temperature or turbidity) that render water unfit for others' use; and the need to maintain "in-stream flows" of water to protect the natural ecosystem.
One theory of history, put forward in the influential book Oriental Despotism, holds that many empires were organized around a central authority that controlled a population through monopolizing the water supply. Such a hydraulic empire creates the potential for despotism, and serves as a cautionary tale for designing water regulations.
Water law involves controversy in some parts of the world where a growing population faces increasing competition over a limited natural supply. Disputes over rivers, lakes and underground aquifers cross national borders. Although water law is still regulated mainly by individual countries, there are international sets of proposed rules such as the Helsinki Rules on the Uses of the Waters of International Rivers and the Hague Declaration on Water Security in the 21st Century.
Long-term issues in water law include the possible effects of global warming on rainfall patterns and evaporation; the availability and cost of desalination technology; the control of pollution, and the growth of aquaculture.
Water has unique features that make it difficult to regulate using laws designed mainly for land. Water is mobile, its supply varies by year and season as well as location, and it can be used simultaneously by many users. As with property (land) law, water rights can be described as a "bundle of sticks" containing multiple, separable activities that can have varying levels of regulation. For instance, some uses of water divert it from its natural course but return most or all of it (eg. hydroelectric plants), while others consume much of what they take (especially agriculture), and still others use water without diverting it at all (eg. boating). Each type of activity has its own needs and can in theory be regulated separately. There are several types of conflict likely to arise: absolute shortages; shortages in a particular time or place; diversions of water that reduce the flow available to others; pollutants or other changes (such as temperature or turbidity) that render water unfit for others' use; and the need to maintain "in-stream flows" of water to protect the natural ecosystem.
One theory of history, put forward in the influential book Oriental Despotism, holds that many empires were organized around a central authority that controlled a population through monopolizing the water supply. Such a hydraulic empire creates the potential for despotism, and serves as a cautionary tale for designing water regulations.
Water law involves controversy in some parts of the world where a growing population faces increasing competition over a limited natural supply. Disputes over rivers, lakes and underground aquifers cross national borders. Although water law is still regulated mainly by individual countries, there are international sets of proposed rules such as the Helsinki Rules on the Uses of the Waters of International Rivers and the Hague Declaration on Water Security in the 21st Century.
Long-term issues in water law include the possible effects of global warming on rainfall patterns and evaporation; the availability and cost of desalination technology; the control of pollution, and the growth of aquaculture.
Banking law
Banking law and financial regulation set minimum standards on the amounts of capital banks must hold, and rules about best practice for investment. This is to insure against the risk of economic crises, such as the Wall Street Crash of 1929.
Objectives of Bank Regulation
The objectives of bank regulation, and the emphasis, varies between jurisdiction. The most common objectives are:
1. Prudential -- to reduce the level of risk bank creditors are exposed to (i.e. to protect depositors)
2. Systemic risk reduction -- to reduce the risk of disruption resulting from adverse trading conditions for banks causing multiple or major bank failures
3. Avoid Misuse of Banks -- to reduce the risk of banks being used for criminal purposes, e.g. laundering the proceeds of crime
4. To protect banking confidentiality
5. Credit allocation -- to direct credit to favoured sectors
General Principles of Bank Regulation
Banking regulations can vary widely across nations and jurisdictions. This section of the article describes general principles of bank regulation throughout the world.
Minimum Requirements
Requirements are imposed on banks in order to promote the objectives of the regulator. The most important minimum requirement in banking regulation is minimum capital ratios.
Supervisory Review
Banks are required to be issued with a bank licence by the regulator in order to carry on business as a bank, and the regulator supervises licenced banks for compliance with the requirements and responds to breaches of the requirements through obtaining undertakings, giving directions, imposing penalties or revoking the bank's licence.
Market Discipline
The regulator requires banks to publicly disclose financial and other information, and depositors and other creditors are able to use this information to assess the level of risk and to make investment decisions. As a result of this, the bank is subject to market discipline and the regulator can also use market pricing information as an indicator of the bank's financial health.
Objectives of Bank Regulation
The objectives of bank regulation, and the emphasis, varies between jurisdiction. The most common objectives are:
1. Prudential -- to reduce the level of risk bank creditors are exposed to (i.e. to protect depositors)
2. Systemic risk reduction -- to reduce the risk of disruption resulting from adverse trading conditions for banks causing multiple or major bank failures
3. Avoid Misuse of Banks -- to reduce the risk of banks being used for criminal purposes, e.g. laundering the proceeds of crime
4. To protect banking confidentiality
5. Credit allocation -- to direct credit to favoured sectors
General Principles of Bank Regulation
Banking regulations can vary widely across nations and jurisdictions. This section of the article describes general principles of bank regulation throughout the world.
Minimum Requirements
Requirements are imposed on banks in order to promote the objectives of the regulator. The most important minimum requirement in banking regulation is minimum capital ratios.
Supervisory Review
Banks are required to be issued with a bank licence by the regulator in order to carry on business as a bank, and the regulator supervises licenced banks for compliance with the requirements and responds to breaches of the requirements through obtaining undertakings, giving directions, imposing penalties or revoking the bank's licence.
Market Discipline
The regulator requires banks to publicly disclose financial and other information, and depositors and other creditors are able to use this information to assess the level of risk and to make investment decisions. As a result of this, the bank is subject to market discipline and the regulator can also use market pricing information as an indicator of the bank's financial health.
Common law and equity
Common law and equity are systems of law whose special distinction is the doctrine of precedent, or stare decisis (Latin for "to stand by decisions"). Alongside this "judge-made law", common law systems always have governments who pass new laws and statutes. But these are not put into a codified form. Common law comes from England and was inherited by almost every country that once belonged to the British Empire, with the exceptions of Malta, Scotland, the U.S. state of Louisiana and the Canadian province of Quebec. Common law had its beginnings in medieval England, influenced by the Norman conquest of England which introduced legal concepts and institutions from the Norman and Islamic laws. Common law further developed when the English monarchy had been weakened by the enormous cost of fighting for control over large parts of France. King John had been forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or Magna Carta of 1215 also required that the King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges, the English Court of Common Pleas had five.This powerful and tight-knit judiciary gave rise to a rigid and inflexible system of common law. As a result, as time went on, increasing numbers of citizens petitioned the King to override the common law, and on the King's behalf the Lord Chancellor gave judgment to do what was equitable in a case. From the time of Sir Thomas More, the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery. At first, equity was often criticised as erratic, that it "varies like the Chancellor's foot". But over time it developed solid principles, especially under Lord Eldon. In the 19th century the two systems were fused into one another. In developing the common law and equity, academic authors have always played an important part. William Blackstone, from around 1760, was the first scholar to describe and teach it. But merely in describing, scholars who sought explanations and underlying structures slowly changed the way the law actually worked.
Economic analysis of law
Economic analysis of law is an approach to legal theory that incorporates and applies the methods and ideas of economics to law. The discipline arose partly out of a critique of trade unions and U.S. antitrust law. The most influential proponents, such as Richard Posner and Oliver Williamson and the so-called Chicago School of economists and lawyers including Milton Friedman and Gary Becker, are generally advocates of deregulation and privatisation, and are hostile to state regulation or what they see as restrictions on the operation of free markets.
The most prominent economic analyst of law is 1991 Nobel Prize winner Ronald Coase. His first major article, The Nature of the Firm (1937), argued that the reason for the existence of firms (companies, partnerships, etc.) is the existence of transaction costs. Rational individuals trade through bilateral contracts on open markets until the costs of transactions mean that using corporations to produce things is more cost-effective. His second major article, The Problem of Social Cost (1960), argued that if we lived in a world without transaction costs, people would bargain with one another to create the same allocation of resources, regardless of the way a court might rule in property disputes. Coase used the example of a nuisance case named Sturges v. Bridgman, where a noisy sweetmaker and a quiet doctor were neighbours and went to court to see who should have to move. Coase said that regardless of whether the judge ruled that the sweetmaker had to stop using his machinery, or that the doctor had to put up with it, they could strike a mutually beneficial bargain about who moves house that reaches the same outcome of resource distribution. Only the existence of transaction costs may prevent this. So the law ought to pre-empt what would happen, and be guided by the most efficient solution. The idea is that law and regulation are not as important or effective at helping people as lawyers and government planners believe. Coase and others like him wanted a change of approach, to put the burden of proof for positive effects on a government that was intervening in the market, by analysing the costs of action.
The most prominent economic analyst of law is 1991 Nobel Prize winner Ronald Coase. His first major article, The Nature of the Firm (1937), argued that the reason for the existence of firms (companies, partnerships, etc.) is the existence of transaction costs. Rational individuals trade through bilateral contracts on open markets until the costs of transactions mean that using corporations to produce things is more cost-effective. His second major article, The Problem of Social Cost (1960), argued that if we lived in a world without transaction costs, people would bargain with one another to create the same allocation of resources, regardless of the way a court might rule in property disputes. Coase used the example of a nuisance case named Sturges v. Bridgman, where a noisy sweetmaker and a quiet doctor were neighbours and went to court to see who should have to move. Coase said that regardless of whether the judge ruled that the sweetmaker had to stop using his machinery, or that the doctor had to put up with it, they could strike a mutually beneficial bargain about who moves house that reaches the same outcome of resource distribution. Only the existence of transaction costs may prevent this. So the law ought to pre-empt what would happen, and be guided by the most efficient solution. The idea is that law and regulation are not as important or effective at helping people as lawyers and government planners believe. Coase and others like him wanted a change of approach, to put the burden of proof for positive effects on a government that was intervening in the market, by analysing the costs of action.
Religious law
Religious law refers to the notion that the word of God is law. Examples include the Jewish Halakha and Islamic Sharia, both of which mean the "path to follow". Christian canon law also survives in some church communities. The implication of religion for law is unalterability, because the word of God cannot be amended or legislated against by judges or governments. However religion never provides a thorough and detailed legal system. For instance, the Quran has some law, and it acts merely as a source of further law through interpretation, Qiyas (reasoning by analogy), Ijma (consensus) and precedent. This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively, which had a fairly significant influence on the development of common law,as well as some influence on civil law. Another example is the Torah or Old Testament, in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some Israeli communities choose to use. The Halakha is a code of Jewish law which summarises some of the Talmud's interpretations. Nevertheless, Israeli law allows litigants to use religious laws only if they choose. Canon law is only in use by members of the clergy in the Roman Catholic Church, the Eastern Orthodox Church and the Anglican Communion.
Until the 18th century, Sharia law was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire's Mecelle code in the 19th century being first attempt at codifying elements of Sharia law. Since the mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions. In modern times, Sharia is merely an optional supplement to the civil or common law of most countries, though Saudi Arabia and Iran's whole legal systems source their law on a codified form of Sharia. During the last few decades, one of the fundamental features of the movement of Islamic resurgence has been the call to restore the Sharia, which has generated a vast amount of literature and affected world politics.
Until the 18th century, Sharia law was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire's Mecelle code in the 19th century being first attempt at codifying elements of Sharia law. Since the mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions. In modern times, Sharia is merely an optional supplement to the civil or common law of most countries, though Saudi Arabia and Iran's whole legal systems source their law on a codified form of Sharia. During the last few decades, one of the fundamental features of the movement of Islamic resurgence has been the call to restore the Sharia, which has generated a vast amount of literature and affected world politics.
Saturday, August 16, 2008
Law of the European Union
The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union (EU). EU law has direct effect within the legal systems of its Member States, and overrides national law in many areas, especially in terms of economic and social policy. The EU is not a federal government, nor is it an intergovernmental organization. It constitutes a new legal order in international law for the mutual social and economic benefit of the Member States. It is sometimes classified as supranational law.
European Union law has evolved gradually since it was established, when the Treaty of Paris was signed in 1951, it established the European Coal and Steel Community, and comprised just six Member States. Five years later the European Economic Community was founded by the same six Member States. Currently there are around 500 million EU citizens in 27 Member States subject to EU law, making it one of the most encompassing modern legal systems in the world.
EU law has what is known as a three pillar structure. The first, oldest and most important 'pillar' deals with law concerning economic and social rights and how European institutions are set up. This is found in the Treaty of the European Communities, signed in Rome 1957 and subsequently amended by other Treaties concluded between the Member States. The second and third pillars were established under the Treaty of the European Union, signed in Maastricht 1992. The second pillar concerns the European Union Common Foreign and Security Policy (CFSP). The third pillar concerns Police and Judicial Co-operation in Criminal Matters (formerly 'Justice and Home Affairs'). Technically speaking, "EC law" denotes anything to do with the first pillar and "EU law" denotes the law regarding all three pillars.
European Union law has evolved gradually since it was established, when the Treaty of Paris was signed in 1951, it established the European Coal and Steel Community, and comprised just six Member States. Five years later the European Economic Community was founded by the same six Member States. Currently there are around 500 million EU citizens in 27 Member States subject to EU law, making it one of the most encompassing modern legal systems in the world.
EU law has what is known as a three pillar structure. The first, oldest and most important 'pillar' deals with law concerning economic and social rights and how European institutions are set up. This is found in the Treaty of the European Communities, signed in Rome 1957 and subsequently amended by other Treaties concluded between the Member States. The second and third pillars were established under the Treaty of the European Union, signed in Maastricht 1992. The second pillar concerns the European Union Common Foreign and Security Policy (CFSP). The third pillar concerns Police and Judicial Co-operation in Criminal Matters (formerly 'Justice and Home Affairs'). Technically speaking, "EC law" denotes anything to do with the first pillar and "EU law" denotes the law regarding all three pillars.
Legal profession
Lawyers give their clients advice about their legal rights and duties, and represent them in court. As the European Court of Human Rights has stated, the law should be adequately accessible to everyone and people should be able to foresee how the law affects them. In order to maintain professionalism, the practice of law is typically overseen by either a government or independent regulating body such as a bar association, bar council or law society. An aspiring practitioner must be certified by the regulating body before undertaking his practice. This usually entails a two or three year programme at a university faculty of law or a law school, earning the student a Bachelor of Laws, a Bachelor of Civil Law or a Juris Doctor degree. This course of study is followed by an entrance examination (e.g. admission to the bar). Some countries require a further vocational qualification before a person is permitted to practice law. A year's pupillage under the oversight of an experienced barrister is required of those wishing to become a barrister. Beyond the requirements for legal practice higher academic degrees may be pursued. Examples include a Master of Laws, a Master of Legal Studies or a Doctor of Laws.
Once accredited, a lawyer will often work in a law firm, in a chambers as a sole practitioner, in a government post or in a private corporation as an internal counsel. In addition a lawyer may become a legal researcher who provides on-demand legal research through a commercial service or through freelance work. Many people trained in law put their skills to use outside the legal field entirely. Significant to the practice of law in the common law tradition is the legal research to determine the current state of the law. This usually entails exploring case-law reports, legal periodicals and legislation. Law practice also involves drafting documents such as court pleadings, persuasive briefs, contracts, or wills and trusts. Negotiation and dispute resolution skills are also important to legal practice, depending on the field.
Once accredited, a lawyer will often work in a law firm, in a chambers as a sole practitioner, in a government post or in a private corporation as an internal counsel. In addition a lawyer may become a legal researcher who provides on-demand legal research through a commercial service or through freelance work. Many people trained in law put their skills to use outside the legal field entirely. Significant to the practice of law in the common law tradition is the legal research to determine the current state of the law. This usually entails exploring case-law reports, legal periodicals and legislation. Law practice also involves drafting documents such as court pleadings, persuasive briefs, contracts, or wills and trusts. Negotiation and dispute resolution skills are also important to legal practice, depending on the field.
Sociology of law
Sociology of law is a diverse field of study that examines the interaction of law with society. Sociology of law overlaps with jurisprudence, economic analysis of law and more specialised subjects such as criminology.The institutions of law and the social construction of legal issues and systems are relevant areas of inquiry. Initially, legal theorists were suspicious of the discipline. Kelsen attacked one of its founders, Eugen Ehrlich, who wanted to emphasise the difference between positive law, which lawyers learn and apply, and other forms of 'law' or social norms that regulate everyday life, generally preventing conflicts from reaching lawyers and courts. Around 1900 Max Weber defined his "scientific" approach to law, identifying the "legal rational form" as a type of domination, not attributable to people but to abstract norms.Legal rationalism was his term for a body of coherent and calculable law which formed a precondition for modern political developments and the modern bureaucratic state and developed in parallel with the growth of capitalism. Another sociologist, Émile Durkheim, wrote in The Division of Labour in Society that as society becomes more complex, the body of civil law concerned primarily with restitution and compensation grows at the expense of criminal laws and penal sanctions.Other notable early legal sociologists included Hugo Sinzheimer, Theodor Geiger, Georges Gurvitch and Leon Petrażycki in Europe, and William Graham Sumner in the U.S.
philosophy of law
The philosophy of law is also known as jurisprudence. Normative jurisprudence is essentially political philosophy and asks "what should law be?". Analytic jurisprudence, on the other hand, is a distinctive field which asks "what is law?". An early famous philosopher of law was John Austin, a student of Jeremy Bentham and first chair of law at the new University of London from 1829. Austin's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". This approach was long accepted, especially as an alternative to natural law theory. Natural lawyers, such as Jean-Jacques Rousseau, argue that human law reflects essentially moral and unchangeable laws of nature. Immanuel Kant, for instance, believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature". Austin and Bentham, following David Hume, thought this conflated what "is" and what "ought to be" the case. They believed in law's positivism, that real law is entirely separate from "morality". Kant was also criticised by Friedrich Nietzsche, who believed that law emanates from The Will to Power and cannot be labelled as "moral" or "immoral". Thus, Nietzsche criticised the principle of equality, and believed that law should be committed to freedom to engage in will to power.
In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law. Kelsen believed that though law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. Whilst laws are positive "is" statements (e.g. the fine for reversing on a highway is €500), law tells us what we "should" do (i.e. not drive backwards). So every legal system can be hypothesised to have a basic norm (Grundnorm) telling us we should obey the law. Carl Schmitt, Kelsen's major intellectual opponent, rejected positivism, and the idea of the rule of law, because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception (state of emergency), which denied that legal norms could encompass of all political experience.
In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law. Kelsen believed that though law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. Whilst laws are positive "is" statements (e.g. the fine for reversing on a highway is €500), law tells us what we "should" do (i.e. not drive backwards). So every legal system can be hypothesised to have a basic norm (Grundnorm) telling us we should obey the law. Carl Schmitt, Kelsen's major intellectual opponent, rejected positivism, and the idea of the rule of law, because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception (state of emergency), which denied that legal norms could encompass of all political experience.
Criminal law
The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes, and even within a particular code lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties.
Tax education from law schools
In law schools, "tax law" is a sub-discipline and area of specialist study. Tax law specialists are often employed in consultative roles, and may also be involved in litigation. Many U.S. law schools require about 30 semester credit hours of required courses and approximately 60 hours or more of electives. Law students pick and choose available courses on which to focus before graduation with the J.D. degree in the United States. This freedom allows law students to take many tax courses such as federal taxation, estate and gift tax, and estates and successions before completing the Juris Doctor and taking the bar exam in a particular U.S. state.
There are many fine LLM or Masters in Laws Graduate programs currently being offered in the United States, United Kingdom, Australia, Netherlands etc. Many of these programs offer the opportunity to focus on domestic and international taxation. In the United States most LLM programs require that the candidate be a graduate of an American Bar Association-accredited law school while a mere graduate law degree is a sufficient eligibility criterion in other countries for admission to LLM in Taxation law programmes.
There are many fine LLM or Masters in Laws Graduate programs currently being offered in the United States, United Kingdom, Australia, Netherlands etc. Many of these programs offer the opportunity to focus on domestic and international taxation. In the United States most LLM programs require that the candidate be a graduate of an American Bar Association-accredited law school while a mere graduate law degree is a sufficient eligibility criterion in other countries for admission to LLM in Taxation law programmes.
Taxation laws in India
The major tax enactment in India is the Income Tax Act of 1961 passed by the Parliament, which imposes a tax on income of individuals and corporations. This Act of 1961 imposes a tax on income under the following five heads;
* Income from house and property,
* Income from business and profession,
* Employment Income,
* Income in form of Capital gains, and
* Other income
In essence, the Act of 1961 imposes tax in the nature of the following;
* Income Tax
* Corporation Tax
* Capital gains tax
* Fringe Benefit Tax
* Inheritance tax
Other major taxation laws enacted by the Parliament are;
1. Wealth Tax Act, which has a regular history of being passed and repealed;
2. Service Tax, imposed under Finance Act, 1994, which taxes the provision of services provided by service providers within India or services imported by Indian from outside India;
3. Central Excise Act, 1944, which imposes a duty of excise on goods manufactured or produced in India;
4. Customs Act, 1962, which imposes duties of customs, counterveiling duties and anti-dumping duties on goods imported in India;
5. Central Sales Tax, 1956, which imposes sales tax on goods sold in inter-state trade or commerce in India;
6. Transaction Tax, which taxes transactions of sale of securities and other specified transactions;
The major taxation enactments passed by the State Legislatures are in the nature of the following;
1. Excise duties on tobacco, alcohol and narcotics;
2. Sales tax, on sale of goods within the State;
3. Stamp duties, on sale of property situated within the State;
4. Entertainment taxes
* Income from house and property,
* Income from business and profession,
* Employment Income,
* Income in form of Capital gains, and
* Other income
In essence, the Act of 1961 imposes tax in the nature of the following;
* Income Tax
* Corporation Tax
* Capital gains tax
* Fringe Benefit Tax
* Inheritance tax
Other major taxation laws enacted by the Parliament are;
1. Wealth Tax Act, which has a regular history of being passed and repealed;
2. Service Tax, imposed under Finance Act, 1994, which taxes the provision of services provided by service providers within India or services imported by Indian from outside India;
3. Central Excise Act, 1944, which imposes a duty of excise on goods manufactured or produced in India;
4. Customs Act, 1962, which imposes duties of customs, counterveiling duties and anti-dumping duties on goods imported in India;
5. Central Sales Tax, 1956, which imposes sales tax on goods sold in inter-state trade or commerce in India;
6. Transaction Tax, which taxes transactions of sale of securities and other specified transactions;
The major taxation enactments passed by the State Legislatures are in the nature of the following;
1. Excise duties on tobacco, alcohol and narcotics;
2. Sales tax, on sale of goods within the State;
3. Stamp duties, on sale of property situated within the State;
4. Entertainment taxes
Legal education
In addition to the qualifications required to become a practicing lawyer, legal education also encompasses higher degrees such as doctorates, for more advanced academic study.
In many countries other than the United States, law is an undergraduate degree. Graduates of such a program are eligible to become lawyers by passing the country's equivalent of a bar exam. In such countries, graduate programs in law enable students to embark on academic careers or become specialized in a particular area of law.
In the United States, law is a graduate degree, which students embark upon only after completing an undergraduate degree in some other field (usually a bachelor's degree), and is considered to be a graduate or professional school program. The undergraduate degree can be in any field, though most American lawyers hold bachelor's degrees in the humanities and social sciences; legal studies as an undergraduate study is available at a few institutions. American law schools are usually an autonomous entity within a larger university.
Faculty of law is another name for a law school or school of law, the terms commonly used in the United States. This term is used in Canada, other Commonwealth countries and the rest of the world. It may be distinguishable from law school in the sense that a faculty is a subdivision of a university on the same rank with other faculties, i.e. faculty of medicine, faculty of graduate studies, whereas a law school or school of law may have a more autonomous status within a university, or may be totally independent of any other post-secondary educational institution.
In addition in some countries, including the United Kingdom, Canada and some states of Australia, the final stages of vocational legal education required to qualify to practice law are carried out outside the university system. The requirements for qualification as a barrister or as a solicitor are covered in those articles. See advocate for details of the requirements for qualification as an advocate in Scotland.
In many countries other than the United States, law is an undergraduate degree. Graduates of such a program are eligible to become lawyers by passing the country's equivalent of a bar exam. In such countries, graduate programs in law enable students to embark on academic careers or become specialized in a particular area of law.
In the United States, law is a graduate degree, which students embark upon only after completing an undergraduate degree in some other field (usually a bachelor's degree), and is considered to be a graduate or professional school program. The undergraduate degree can be in any field, though most American lawyers hold bachelor's degrees in the humanities and social sciences; legal studies as an undergraduate study is available at a few institutions. American law schools are usually an autonomous entity within a larger university.
Faculty of law is another name for a law school or school of law, the terms commonly used in the United States. This term is used in Canada, other Commonwealth countries and the rest of the world. It may be distinguishable from law school in the sense that a faculty is a subdivision of a university on the same rank with other faculties, i.e. faculty of medicine, faculty of graduate studies, whereas a law school or school of law may have a more autonomous status within a university, or may be totally independent of any other post-secondary educational institution.
In addition in some countries, including the United Kingdom, Canada and some states of Australia, the final stages of vocational legal education required to qualify to practice law are carried out outside the university system. The requirements for qualification as a barrister or as a solicitor are covered in those articles. See advocate for details of the requirements for qualification as an advocate in Scotland.
labour and employment acts in India
There are various Acts, which regulate labour and employment in India. Some of the Acts are:
* Apprentices Act, 1961
* Beedi Workers Welfare Fund Act, 1976
* Bonded Labour System (Abolition) Act, 1976
* Building and Other Construction Workers (Regulation of Employment Service) Act, 1996
* Child Labour (Prohibition & Regulation) Act, 1986
* Children (Pledging of Labour) Act, 1933
* Maternity Benefit Act, 1961
* Minimum Wages Act, 1948
* National Commission for Safai Karamcharis Act, 1993
* Payment of Bonus Act, 1965
* Payment of Gratuity Act, 1972
* Payment of Wages Act, 1936
* Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
* Cine-workers Welfare Fund Act, 1981
* Contract Labour (Regulation & Abolition) Act, 1970
* Dangerous Machines (Regulation) Act, 1983
* Dock Workers (Regulation of Employment) Act, 1948
* Dock Workers (Safety, Health and Welfare) Act, 1986
* Employees Provident Fund & Miscellaneous Provisions Act, 1952
* Employees' State Insurance Act, 1948
* Employers' Liability Act, 1938
* Equal Remuneration Act, 1976
* Factories Act, 1948
* Industrial Disputes Act, 1947
* Industrial Employment (Standing Orders) Act, 1946
* Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979
* Labour Laws (Exemption from Furnishing Returns & Maintaining Registers by Certain Est.s) Act, 1988
* Pensions Act, 1871
* Sales Promotion Employees (Conditions of Service) Act, 1976
* Seamen's Provident Fund Act, 1966
* Trade Union Act, 1926
* Weekly Holidays Act, 1948
* Workmen's Compensation Act, 1923
* Apprentices Act, 1961
* Beedi Workers Welfare Fund Act, 1976
* Bonded Labour System (Abolition) Act, 1976
* Building and Other Construction Workers (Regulation of Employment Service) Act, 1996
* Child Labour (Prohibition & Regulation) Act, 1986
* Children (Pledging of Labour) Act, 1933
* Maternity Benefit Act, 1961
* Minimum Wages Act, 1948
* National Commission for Safai Karamcharis Act, 1993
* Payment of Bonus Act, 1965
* Payment of Gratuity Act, 1972
* Payment of Wages Act, 1936
* Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
* Cine-workers Welfare Fund Act, 1981
* Contract Labour (Regulation & Abolition) Act, 1970
* Dangerous Machines (Regulation) Act, 1983
* Dock Workers (Regulation of Employment) Act, 1948
* Dock Workers (Safety, Health and Welfare) Act, 1986
* Employees Provident Fund & Miscellaneous Provisions Act, 1952
* Employees' State Insurance Act, 1948
* Employers' Liability Act, 1938
* Equal Remuneration Act, 1976
* Factories Act, 1948
* Industrial Disputes Act, 1947
* Industrial Employment (Standing Orders) Act, 1946
* Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979
* Labour Laws (Exemption from Furnishing Returns & Maintaining Registers by Certain Est.s) Act, 1988
* Pensions Act, 1871
* Sales Promotion Employees (Conditions of Service) Act, 1976
* Seamen's Provident Fund Act, 1966
* Trade Union Act, 1926
* Weekly Holidays Act, 1948
* Workmen's Compensation Act, 1923
labor law
general information regarding labor laws enforced by the U.S. Department of Labor see the publication Employment Law Guide: Laws, Regulations, and Technical Assistance Services
The Employment Law Guide describes the statutes and regulations administered by the Department of Labor that affect businesses and workers. The Guide is designed mainly for those needing "hands-on" information to develop wage, benefit, safety and health, and nondiscrimination policies for businesses in general industry.
Another useful web site covers a summary of the major laws and regulation enforced by the U.S. Department of Labor including the Fair Labor Standards Act, the Fair Labor Standards Act Child Labor Provisions, the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), and the Occupational Safety and Health (OSH) Act.
State laws also apply to employment and in some cases the law setting the higher standards that must be observed.
The Employment Law Guide describes the statutes and regulations administered by the Department of Labor that affect businesses and workers. The Guide is designed mainly for those needing "hands-on" information to develop wage, benefit, safety and health, and nondiscrimination policies for businesses in general industry.
Another useful web site covers a summary of the major laws and regulation enforced by the U.S. Department of Labor including the Fair Labor Standards Act, the Fair Labor Standards Act Child Labor Provisions, the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), and the Occupational Safety and Health (OSH) Act.
State laws also apply to employment and in some cases the law setting the higher standards that must be observed.
Tuesday, August 12, 2008
Property law
Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon.
The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty.
Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England.
The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty.
Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England.
International Environmental Law
International environmental law is the body of international law that concerns the protection of the global environment.
Originally associated with the principle that states must not permit the use of their territory in such a way as to injure the territory of other states, international environmental law has since been expanded by a plethora of legally-binding international agreements. These encompass a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and biodiversity protection.
The key constitutional moments in the development of international environmental law are:
* the 1972 United Nations Convention on the Human Environment (UNCHE), held in Stockholm, Sweden;
* the 1987 Brundtland Report, Our Common Future, which coined the phrase 'sustainable development';
* the 1992 United Nations Conference on Environment and Development (UNCED), held in Rio de Janeiro, Brazil
The 1972 United Nations Conference on the Human Environment focused on the 'human' environment. The conference issued the Declaration on the Human Environment, a statement containing 26 principles and 109 recommendations (now referred to as the Stockholm Declaration). The creation of an environmental agency was also approved, now known as UNEP. In addition, there was the adoption of a Stockholm Action Program. There were no legally binding outcomes resulting from the Stockholm Conference. Principle 21 of the Declaration was a restatement of law already in existence since Roman times, namely that of 'good neighbourliness'. The Action Plan was never successfully followed by any country.
The 1992 Rio conference (also known as the Earth Summit) led to the adoption of several important legally binding environmental treaties, being the 1992 United Nations Framework Convention on Climate Change and the 1992 Convention on Biological Diversity. In addition to these, the parties adopted a 'soft law' (non-binding agreements) Declaration on Environment and Development which reaffirmed the Stockholm Declaration and provided 27 principles guiding environment and development (now referred to as the Rio Declaration). Another influential soft law document that the parties adopted was Agenda 21, a guide to implementation of the treaties agreed to at the Summit and a guide as to the principles of sustainable development. Agenda 21 also established the United Nations Commission on Sustainable Development (CSD) and the Global Environment Facility (GEF). Finally, the non-legal, non-binding Forest Principles were formed at the Earth Summit.
A further meeting was held in 2002, known as the World Summit on Sustainable Development (WSSD), held in Johannesburg, South Africa. Notable is the absence from its title of the word 'environment'. Although this meeting was held to mark the tenth anniversary of the Earth Summit, it is considered by many environmentalists and environmental lawyers to have been less than successful in environmental terms. It attained only limited progress towards stricter global regulation of human impacts on the natural environment. Nonetheless the WSSD brought a renewed emphasis on the synergies between combatting poverty and improving the environment.
Originally associated with the principle that states must not permit the use of their territory in such a way as to injure the territory of other states, international environmental law has since been expanded by a plethora of legally-binding international agreements. These encompass a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and biodiversity protection.
The key constitutional moments in the development of international environmental law are:
* the 1972 United Nations Convention on the Human Environment (UNCHE), held in Stockholm, Sweden;
* the 1987 Brundtland Report, Our Common Future, which coined the phrase 'sustainable development';
* the 1992 United Nations Conference on Environment and Development (UNCED), held in Rio de Janeiro, Brazil
The 1972 United Nations Conference on the Human Environment focused on the 'human' environment. The conference issued the Declaration on the Human Environment, a statement containing 26 principles and 109 recommendations (now referred to as the Stockholm Declaration). The creation of an environmental agency was also approved, now known as UNEP. In addition, there was the adoption of a Stockholm Action Program. There were no legally binding outcomes resulting from the Stockholm Conference. Principle 21 of the Declaration was a restatement of law already in existence since Roman times, namely that of 'good neighbourliness'. The Action Plan was never successfully followed by any country.
The 1992 Rio conference (also known as the Earth Summit) led to the adoption of several important legally binding environmental treaties, being the 1992 United Nations Framework Convention on Climate Change and the 1992 Convention on Biological Diversity. In addition to these, the parties adopted a 'soft law' (non-binding agreements) Declaration on Environment and Development which reaffirmed the Stockholm Declaration and provided 27 principles guiding environment and development (now referred to as the Rio Declaration). Another influential soft law document that the parties adopted was Agenda 21, a guide to implementation of the treaties agreed to at the Summit and a guide as to the principles of sustainable development. Agenda 21 also established the United Nations Commission on Sustainable Development (CSD) and the Global Environment Facility (GEF). Finally, the non-legal, non-binding Forest Principles were formed at the Earth Summit.
A further meeting was held in 2002, known as the World Summit on Sustainable Development (WSSD), held in Johannesburg, South Africa. Notable is the absence from its title of the word 'environment'. Although this meeting was held to mark the tenth anniversary of the Earth Summit, it is considered by many environmentalists and environmental lawyers to have been less than successful in environmental terms. It attained only limited progress towards stricter global regulation of human impacts on the natural environment. Nonetheless the WSSD brought a renewed emphasis on the synergies between combatting poverty and improving the environment.
Public international law
Public international law concerns the structure and conduct of states and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond domestic legal interpretation and enforcement. Public international law has increased in use and importance vastly over the twentieth century, due all to the increase in global trade, armed conflict, environmental deterioration on a worldwide scale, awareness of human rights violations, rapid and vast increases in international transportation and a boom in global communications.
Public international law is sometimes called the "law of nations". It should not be confused with "private international law", which is concerned with the resolution of conflict of laws. In its most general sense, international law "consists of rules and principles of general application dealing with the conduct of states and of intergovernmental organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical."
Public international law is sometimes called the "law of nations". It should not be confused with "private international law", which is concerned with the resolution of conflict of laws. In its most general sense, international law "consists of rules and principles of general application dealing with the conduct of states and of intergovernmental organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical."
International law
International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards, differing from other legal systems in that it concerns nations rather than private citizens[1]. However, the term "International Law" can refer to three distinct legal disciplines:
* Public international law, which involves for instance the United Nations, maritime law, international criminal law and the Geneva conventions.
* Private international law, or conflict of laws, which addresses the questions of (1) in which legal jurisdiction may a case be heard; and (2) the law concerning which jurisdiction(s) apply to the issues in the case
* Supranational law or the law of supranational organizations, which concerns at present regional agreements where the special distinguishing quality is that laws of nation states are held inapplicable when conflicting with a supranational legal system.
* Public international law, which involves for instance the United Nations, maritime law, international criminal law and the Geneva conventions.
* Private international law, or conflict of laws, which addresses the questions of (1) in which legal jurisdiction may a case be heard; and (2) the law concerning which jurisdiction(s) apply to the issues in the case
* Supranational law or the law of supranational organizations, which concerns at present regional agreements where the special distinguishing quality is that laws of nation states are held inapplicable when conflicting with a supranational legal system.
Law
Law is a system of rules, usually enforced through a set of institutions.It shapes politics, economics and society in numerous ways. Contract law regulates everything from buying a bus ticket to trading swaptions on a derivatives market. Property law defines rights and obligations related to transfer and title of personal and real property, for instance, in mortgaging or renting a home. Trust law applies to assets held for investment and financial security, such as pension funds. Tort law allows claims for compensation when someone or their property is injured or harmed. If the harm is criminalised in a penal code, criminal law offers means by which the state prosecutes and punishes the perpetrator. Constitutional law provides a framework for creating laws, protecting people's human rights, and electing political representatives. Administrative law relates to the activities of administrative agencies of government. International law regulates affairs between sovereign nation-states in everything from trade to the environment to military action. Law manifests itself throughout the community in many more ways, and serves as the foremost social mediator of relations between people. "The rule of law", wrote the ancient Greek philosopher Aristotle in 350 BC, "is better than the rule of any individual."
Legal systems around the world elaborate legal rights and responsibilities in different ways. A basic distinction is made between civil law jurisdictions and systems using common law. Some countries persist in basing their law on religious texts. Scholars investigate the nature of law through many perspectives, including legal history and philosophy, or social sciences such as economics and sociology. The study of law raises important questions about equality, fairness, liberty and justice, which are not always simple. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread." On the other hand, philosopher Friedrich von Hayek said: "Equality before the law and material equality are therefore not only different but are in conflict with each other; and we can achieve either the one or the other, but not both at the same time." The central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature and an accountable executive. To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress.
Legal systems around the world elaborate legal rights and responsibilities in different ways. A basic distinction is made between civil law jurisdictions and systems using common law. Some countries persist in basing their law on religious texts. Scholars investigate the nature of law through many perspectives, including legal history and philosophy, or social sciences such as economics and sociology. The study of law raises important questions about equality, fairness, liberty and justice, which are not always simple. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread." On the other hand, philosopher Friedrich von Hayek said: "Equality before the law and material equality are therefore not only different but are in conflict with each other; and we can achieve either the one or the other, but not both at the same time." The central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature and an accountable executive. To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress.
Subscribe to:
Posts (Atom)