Law

== Areas of law ==
{{see also|List of areas of law}}
All legal systems deal with the same basic issues, but jurisdictions categorise and identify their legal topics in different ways. A common distinction is that between "[[public law]]" (a term related closely to the [[State (law)|state]], and including constitutional, administrative and criminal law), and "[[private law]]" (which covers contract, [[tort]] and property).{{efn|Although many scholars argue that "the boundaries between public and private law are becoming blurred", and that this distinction has become mere "folklore" (Bergkamp, ''Liability and Environment'', 1–2).}} In [[Civil law (legal system)|civil law]] systems, contract and tort fall under a general [[law of obligations]], while trusts law is dealt with under statutory regimes or [[Hague Convention on the Law Applicable to Trusts and on their Recognition|international conventions]]. International, constitutional and administrative law, criminal law, contract, tort, property law and [[trust law|trusts]] are regarded as the "traditional core subjects",{{efn|E.g. in England these seven subjects, with EU law substituted for international law, make up a "qualifying law degree". For criticism, see [[Peter Birks]]' poignant comments attached to a previous version of the [http://webjcli.ncl.ac.uk/articles1/birks1.html#appendix Notice to Law Schools] {{Webarchive|url=https://web.archive.org/web/20090620065248/http://webjcli.ncl.ac.uk/articles1/birks1.html#appendix |date=20 June 2009 }}.}} although there are many [[#Further disciplines|further disciplines]].

=== International law ===
{{main|International law}}{{see|Sources of international law}}
{{see also|Conflict of laws|European Union law|Public international law}}{{Wikisource-multi|Consolidated version of the Treaty on European Union|Consolidated version of the Treaty on the Functioning of the European Union}}
[[File:United Nations Security Council (2005).jpg|thumb|[[United Nations Security Council]] in 2005]]
[[International law]] can refer to three things: public international law, private international law or conflict of laws and the law of supranational organisations.
* [[Public international law]] concerns relationships between sovereign nations. The [[Sources of international law|sources]] for public international law development are [[Custom (law)|custom]], practice and treaties between sovereign nations, such as the [[Geneva Conventions]]. Public international law can be formed by [[international organisations]], such as the United Nations (which was established after the failure of the [[League of Nations]] to prevent World War II),{{efn| [[Winston Churchill]] (''The Hinge of Fate'', 719) comments on the League of Nations' failure: "It was wrong to say that the League failed. It was rather the member states who had failed the League."<ref>{{cite web |title=History of the UN |url=https://www.un.org/aboutun/history.htm |work=About the United Nations/History |access-date=1 September 2008 |url-status=dead |archive-url=https://web.archive.org/web/20100218221016/http://www.un.org/aboutun/history.htm |archive-date=18 February 2010}}</ref>}} the [[International Labour Organization|International Labour Organisation]], the [[World Trade Organization|World Trade Organisation]] (WTO), or the [[International Monetary Fund]]. Public international law has a special status as law because there is no international police force, and courts (e.g. the [[International Court of Justice]] as the primary UN judicial organ) lack the capacity to penalise disobedience. The prevailing manner of enforcing international law is still essentially "self help"; that is the reaction by states to alleged breaches of international obligations by other states.<ref>{{cite journal |last1=D'Amato |first1=Anthony |title=Is International Law Really 'Law'? |journal=Northwestern University Law Review |date=11 November 2010 |volume=79 |url=https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1102&context=facultyworkingpapers |access-date=3 January 2020 |archive-date=3 August 2020 |archive-url=https://web.archive.org/web/20200803005041/https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1102&context=facultyworkingpapers |url-status=live }}</ref>{{sfn|Robertson|2006|p=90}}<ref>Schermers-Blokker, ''International Institutional Law'', 900–901</ref> However, a few bodies, such as the WTO, have effective systems of binding arbitration and dispute resolution backed up by trade sanctions.<ref>Petersmann, ''The GATT/WTO Dispute Settlement System'' [http://www.law2lawyer.com/2011/07/21/international-criminal-court/ International Criminal Court] {{webarchive|url=https://web.archive.org/web/20110723080755/http://www.law2lawyer.com/2011/07/21/international-criminal-court/ |date=23 July 2011 }}, 32</ref>
* [[Conflict of laws]], or private international law in [[Civil law (legal system)|civil law]] countries, concerns which [[jurisdiction]] a legal dispute between private parties should be heard in and which jurisdiction's law should be applied. Today, businesses are increasingly capable of shifting [[Capital (economics)|capital]] and [[labour (economics)|labour]] supply chains across borders, as well as trading with overseas businesses, making the question of which country has jurisdiction even more pressing. Increasing numbers of businesses opt for commercial arbitration under the [[Convention on the Recognition and Enforcement of Foreign Arbitral Awards|New York Convention 1958]].<ref>Redfem, ''International Commercial Arbitration'', 68–69</ref>
* [[European Union law]] is the first and so far the only example of a [[supranational law]], i.e. an internationally accepted legal system, other than the [[United Nations]] and the [[World Trade Organization]]. Given the trend of increasing global economic integration, many regional agreements—especially the [[African Union]]—seek to follow a similar model.<ref>{{cite news |last1=Gaffey |first1=Conor |title=Why the African Union wants to be more like the EU |url=https://www.newsweek.com/african-union-africa-rwanda-ethiopia-trade-455238 |access-date=1 January 2020 |work=Newsweek |date=4 May 2016 |language=en |archive-date=1 January 2020 |archive-url=https://web.archive.org/web/20200101080200/https://www.newsweek.com/african-union-africa-rwanda-ethiopia-trade-455238 |url-status=live }}</ref><ref>{{cite journal |last1=Babarinde |first1=Olufemi |title=The EU as a Model for the African Union: the Limits of Imitation |journal=Jean Monnet/Robert Schuman Paper Series |date=April 2007 |volume=7 |issue=2 |url=http://aei.pitt.edu/8185/1/BabarindeEUasModellong07edi.pdf |access-date=1 January 2020 |publisher=Miami – Florida European Union Center |archive-date=1 November 2019 |archive-url=https://web.archive.org/web/20191101072421/http://aei.pitt.edu/8185/1/BabarindeEUasModellong07edi.pdf |url-status=live }}</ref> In the EU, sovereign nations have gathered their authority in a system of courts and the [[European Parliament]]. These institutions are allowed the ability to enforce legal norms both against or for member states and citizens in a manner which is not possible through public international law.<ref>Schermers–Blokker, ''International Institutional Law'', 943</ref> As the [[European Court of Justice]] noted in its 1963 [[Van Gend en Loos v Nederlandse Administratie der Belastingen|Van Gend en Loos decision]], European Union law constitutes "a new legal order of international law" for the mutual social and economic benefit of the member states.<ref>{{cite web | title = C-26/62 ''Van Gend en Loos v Nederlandse Administratie der Belastingen'' |url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61962J0026:EN:HTML |publisher=Eur-Lex |access-date=19 January 2007 |archive-date=21 March 2007 |archive-url=https://web.archive.org/web/20070321191046/http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61962J0026:EN:HTML |url-status=live}}</ref><ref>{{cite web| title=C-6/64 ''Flaminio Costa v ENEL''| url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61964J0006:EN:HTML| publisher=Eur-Lex| access-date=1 September 2007| archive-date=9 January 2009| archive-url=https://web.archive.org/web/20090109104422/http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61964J0006:EN:HTML| url-status=live}}</ref><ref>{{cite journal |last1=Chalmers |first1=D. |last2=Barroso |first2=L. |title=What Van Gend en Loos stands for |journal=International Journal of Constitutional Law |date=7 April 2014 |volume=12 |issue=1 |pages=105–134 |doi=10.1093/icon/mou003 |url=https://academic.oup.com/icon/article/12/1/105/628605 |access-date=1 January 2020 |doi-access=free |archive-date=26 February 2020 |archive-url=https://web.archive.org/web/20200226142407/https://academic.oup.com/icon/article/12/1/105/628605 |url-status=live }}</ref>

=== Constitutional and administrative law ===
{{main|Administrative law|Constitutional law}}
[[File:Declaration of Human Rights.jpg|thumb|The French [[Declaration of the Rights of Man and of the Citizen]]]]

Constitutional and administrative law govern the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or [[civil liberties]] of individuals against the state. Most jurisdictions, like the [[Law of the United States|United States]] and [[Law of France|France]], have a single codified constitution with a [[bill of rights]]. A few, like the [[Law of the United Kingdom|United Kingdom]], have no such document. A "constitution" is simply those laws which constitute the [[body politic]], from [[statute]], [[case law]] and [[Constitutional convention (political custom)|convention]].

The fundamental constitutional principle, inspired by [[Two Treatises of Government|John Locke]], holds that [[Everything which is not forbidden is allowed|the individual can do anything except that which is forbidden by law]], and the state may do nothing except that which is authorised by law.<ref>Locke, ''The Second Treatise'', [[s:Two Treatises of Government/The Second Treatise of Government: An Essay Concerning the True Origin, Extent, and End of Civil Government#2:9|Chapter 9, section 124]]</ref><ref>Tamanaha, ''On the Rule of Law'', 47</ref> Administrative law is the chief method for people to hold state bodies to account. People can sue an agency, local council, public service, or government ministry for [[judicial review]] of actions or decisions, to ensure that they comply with the law, and that the government entity observed required procedure. The first specialist administrative court was the ''[[Council of State (France)|Conseil d'État]]'' set up in 1799, as [[Napoleon I of France|Napoleon]] assumed power in France.{{sfn|Auby|2002|p=75}}

A subdiscipline of constitutional law is [[election law]]. It deals with rules governing elections. These rules enable the translation of the will of the people into functioning [[Democracy|democracies]]. Election law addresses issues who is entitled to [[Voting|vote]], [[voter registration]], [[ballot access]], [[campaign finance]] and [[Political party funding|party funding]], [[Redistribution (election)|redistricting]], [[Apportionment (politics)|apportionment]], [[electronic voting]] and [[voting machine]]s, [[accessibility]] of elections, [[Electoral system|election systems]] and formulas, [[vote counting]], election disputes, [[referendum]]s, and issues such as [[electoral fraud]] and [[Election silence|electoral silence]].

=== Criminal law ===
{{main|Criminal law}}

Criminal law, also known as penal law, pertains to crimes and punishment.<ref>[[Cesare, Marquis of Beccaria|Cesare Beccaria]]'s seminal treatise of 1763–1764 is titled ''On Crimes and Punishments'' (''[[Dei delitti e delle pene]]'').</ref> It thus regulates the definition of and penalties for offences found to have a sufficiently deleterious social impact but, in itself, makes no moral judgment on an offender nor imposes restrictions on society that physically prevent people from committing a crime in the first place.{{sfn|Brody|Acker|Logan|2001|p=2}}{{sfn|Wilson|2003|p=2}} Investigating, apprehending, charging, and trying suspected offenders is regulated by the law of [[criminal procedure]].<ref>Dennis J. Baker, Glanville Williams ''Textbook of Criminal Law'' (London: 2012), 2</ref> The [[paradigm]] case of a crime lies in the proof, [[Legal burden of proof|beyond reasonable doubt]], that a person is guilty of two things. First, the accused must commit an act which is deemed by society to be criminal, or ''[[actus reus]]'' (guilty act).<ref>See e.g. {{harvnb|Brody|Acker|Logan|2001|p=205}} about ''[[Robinson v. California]]'', 370 U.S. 660 (1962).</ref> Second, the accused must have the requisite [[intention (criminal law)|malicious intent]] to do a criminal act, or ''[[mens rea]]'' (guilty mind). However, for so called "[[Strict liability (criminal)|strict liability]]" crimes, an ''actus reus'' is enough.<ref>See e.g. Feinman, ''Law 111'', 260–261 about ''[[Powell v. Texas]]'', 392 U.S. 514 (1968).</ref> Criminal systems of the civil law tradition distinguish between intention in the broad sense (''dolus directus'' and ''dolus eventualis''), and negligence. Negligence does not carry criminal responsibility unless a particular crime provides for its punishment.{{sfn|Dörmann|Doswald-Beck|Kolb|2003|p=491}}{{sfn|Kaiser|2005|p=333}}
[[File:Adolf Eichmann is sentenced to death at the conclusion of the Eichmann Trial USHMM 65289.jpg|thumb|left|[[Adolf Eichmann]] (standing in glass booth at left) being [[Eichmann trial|tried and sentenced to death]] by the [[Israeli Supreme Court]] in 1961, an example of a criminal law proceeding]]
Examples of crimes include murder, assault, fraud and theft. In exceptional circumstances defences can apply to specific acts, such as killing in [[self-defense (theory)|self defence]], or pleading [[insanity defense|insanity]]. Another example is in the 19th-century English case of ''[[R v Dudley and Stephens]]'', which tested a defence of "[[necessity (criminal law)|necessity]]".<ref>About ''R v Dudley and Stephens'' [1884] [http://www.justis.com/titles/iclr_bqb14040.html 14 QBD 273 DC] {{webarchive|url=https://web.archive.org/web/20050228224504/http://www.justis.com/titles/iclr_bqb14040.html |date=28 February 2005 }}, see Simpson, ''Cannibalism and the Common Law'', 212–217, 229–237</ref>

Criminal law offences are viewed as offences against not just individual victims, but the community as well.{{sfn|Brody|Acker|Logan|2001|p=2}}{{sfn|Wilson|2003|p=2}} The state, usually with the help of police, takes the lead in prosecution, which is why in common law countries cases are cited as "''The People'' v ..." or "''R'' (for [[Monarchy|Rex]] or [[Queen regnant|Regina]]) v ...". Also, lay [[jury|juries]] are often used to determine the guilt of defendants on points of fact: juries cannot change legal rules. Some developed countries still condone capital punishment for criminal activity, but the normal punishment for a crime will be [[prison|imprisonment]], [[fine (penalty)|fines]], state supervision (such as probation), or [[community service]]. Modern criminal law has been affected considerably by the social sciences, especially with respect to [[sentence (law)|sentencing]], legal research, legislation, and [[rehabilitation (penology)|rehabilitation]].<ref>Pelser, ''Criminal Legislation'', 198</ref> On the international field, 111 countries are [[States Parties to the Rome Statute of the International Criminal Court|members]] of the [[International Criminal Court]], which was established to try people for [[crimes against humanity]].<ref>{{cite web|url=http://www.icc-cpi.int/Menus/ASP/states+parties/|title=The States Parties to the Rome Statute|publisher=[[International Criminal Court]]|access-date=10 February 2007|url-status=dead|archive-url=https://web.archive.org/web/20110623085130/http://www.icc-cpi.int/Menus/ASP/states+parties/|archive-date=23 June 2011}}</ref>

=== Contract law ===
{{main|Contract}}
[[File:carbolic smoke ball co.jpg|thumb|The famous Carbolic Smoke Ball advertisement to cure [[influenza]] was held to be a [[unilateral contract]].]]

Contract law concerns enforceable promises, and can be summed up in the Latin phrase ''[[pacta sunt servanda]]'' (agreements must be kept).<ref>Wehberg, ''Pacta Sunt Servanda'', 775</ref> In common law jurisdictions, three key elements to the creation of a contract are necessary: [[offer and acceptance]], [[consideration]] and the [[intention to create legal relations]]. 

Consideration indicates the fact that all parties to a contract have exchanged something of value. Some common law systems, including Australia, are moving away from the idea of consideration as a requirement. The idea of [[estoppel]] or ''culpa in contrahendo'', can be used to create obligations during pre-contractual negotiations.<ref>''[[Austotel v Franklins]]'' (1989) 16 NSWLR 582</ref>

Civil law jurisdictions treat contracts differently in a number of respects, with a more interventionist role for the state in both the formation and enforcement of contracts.{{sfn|Pargendler|2018}} Compared to common law jurisdictions, civil law systems incorporate more mandatory terms into contracts, allow greater latitude for courts to interpret and revise contract terms and impose a stronger [[Good faith (law)|duty of good faith]], but are also more likely to enforce [[penalty clause]]s and [[specific performance]] of contracts.{{sfn|Pargendler|2018}} They also do not require consideration for a contract to be binding.<ref>e.g. in Germany, [http://dejure.org/gesetze/BGB/311.html §&nbsp;311 Abs. II] {{Webarchive|url=https://web.archive.org/web/20070111212855/http://dejure.org/gesetze/BGB/311.html |date=11 January 2007 }} [[Bürgerliches Gesetzbuch|BGB]]</ref> In France, an ordinary contract is said to form simply on the basis of a "meeting of the minds" or a "concurrence of wills". [[Law of Germany|Germany]] has a special approach to contracts, which ties into property law. Their '[[abstraction principle (law)|abstraction principle]]' (''Abstraktionsprinzip'') means that the personal obligation of contract forms separately from the title of property being conferred. When contracts are invalidated for some reason (e.g. a car buyer is so drunk that he lacks legal capacity to contract)<ref>{{cite web|url=http://dejure.org/gesetze/BGB/105.html|title=§&nbsp;105 BGB Nichtigkeit der Willenserklärung|work=dejure.org|access-date=5 December 2006|archive-url=https://web.archive.org/web/20061209072433/http://dejure.org/gesetze/BGB/105.html|archive-date=9 December 2006|url-status=live}}</ref> the contractual obligation to pay can be invalidated separately from the proprietary title of the car. [[Unjust enrichment]] law, rather than contract law, is then used to restore title to the rightful owner.<ref>Smith, ''The Structure of Unjust Enrichment Law'', 1037</ref>

=== Torts and delicts ===
{{main|Delict|Tort}}Certain [[civil wrong]]s are grouped together as [[tort]]s under common law systems and [[delict]]s under civil law systems.<ref>{{cite journal |last1=Lee |first1=R. W. |title=Torts and Delicts |journal=Yale Law Journal |date=April 1918 |volume=27 |issue=6 |pages=721–730 |url=https://digitalcommons.law.yale.edu/ylj/vol27/iss6/1 |access-date=1 January 2020 |issn=0044-0094 |doi=10.2307/786478 |jstor=786478 |archive-date=1 January 2020 |archive-url=https://web.archive.org/web/20200101082254/https://digitalcommons.law.yale.edu/ylj/vol27/iss6/1/ |url-status=live }}</ref> To have acted tortiously, one must have breached a duty to another person, or infringed some pre-existing legal right. A simple example might be unintentionally hitting someone with a ball.<ref>''Bolton v Stone'' [1951] AC 850</ref> Under the law of [[negligence]], the most common form of tort, the injured party could potentially claim compensation for their injuries from the party responsible. The principles of negligence are illustrated by ''[[Donoghue v Stevenson]]''.{{efn|name=DvS|''[[Donoghue v Stevenson]]'' ([[Case citation#England and Wales|[1932] A.C. 532, 1932 S.C. (H.L.) 31, [1932] All ER Rep 1]]). See the original text of the case in [http://www.leeds.ac.uk/law/hamlyn/donoghue.htm UK Law Online] {{Webarchive|url=https://web.archive.org/web/20070216044953/http://www.leeds.ac.uk/law/hamlyn/donoghue.htm |date=16 February 2007 }}.}} A friend of Donoghue ordered an opaque bottle of [[ginger beer]] (intended for the consumption of Donoghue) in a café in [[Paisley, Renfrewshire|Paisley]]. Having consumed half of it, Donoghue poured the remainder into a tumbler. The decomposing remains of a snail floated out. She claimed to have suffered from shock, fell ill with gastroenteritis and sued the manufacturer for carelessly allowing the drink to be contaminated. The [[House of Lords]] decided that the manufacturer was liable for Mrs Donoghue's illness. [[Lord Atkin]] took a distinctly moral approach and said:
<blockquote>The liability for negligence [...] is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay. [...] The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the [[lawyer]]'s question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.<ref>''[[Donoghue v Stevenson]]'' [1932] AC 532, 580</ref></blockquote>

This became the basis for the four principles of negligence, namely that:

# Stevenson owed Donoghue a [[duty of care]] to provide safe drinks; 
# he [[Breach of duty in English law|breached]] his duty of care;
# the harm would not have occurred [[Causation (law)|but for]] his breach; and 
# his act was the [[proximate cause]] of her harm.{{efn|name="DvS"}}

Another example of tort might be a neighbour making excessively loud noises with machinery on his property.<ref name="Sturges">''[[Sturges v Bridgman]]'' (1879) 11 Ch D 852</ref> Under a [[nuisance]] claim the noise could be stopped. Torts can also involve intentional acts such as [[Assault (tort)|assault]], [[Battery (tort)|battery]] or [[trespass]]. A better known tort is [[slander and libel|defamation]], which occurs, for example, when a newspaper makes unsupportable allegations that damage a politician's reputation.<ref>e.g. concerning a British politician and the Iraq War, ''[[George Galloway#Daily Telegraph libel case|George Galloway v Telegraph Group Ltd]]'' [2004] EWHC 2786</ref> More infamous are economic torts, which form the basis of [[labour law]] in some countries by making trade unions liable for strikes,<ref>''[[Taff Vale Railway Co v Amalgamated Society of Railway Servants]]'' [1901] AC 426</ref> when statute does not provide immunity.{{efn|In the UK, [[Trade Union and Labour Relations (Consolidation) Act 1992]]; c.f. in the U.S., [[National Labor Relations Act]]}}

=== Property law ===
{{main|Property law}}
[[File:South Sea Bubble.jpg|thumb|A painting of the [[South Sea Bubble]], one of the world's first ever speculations and crashes, led to strict regulation on share trading.{{sfn|Harris|1994|pp=610–627}}]]

[[Property]] law governs ownership and possession. [[Real property]], sometimes called 'real estate', refers to ownership of land and things attached to it.<ref>e.g. ''[[Hunter v Canary Wharf Ltd]]'' [1997] [https://publications.parliament.uk/pa/ld199697/ldjudgmt/jd970424/hunter01.htm 2 All ER 426] {{Webarchive|url=https://web.archive.org/web/20170922164352/https://publications.parliament.uk/pa/ld199697/ldjudgmt/jd970424/hunter01.htm |date=22 September 2017 }}</ref> [[Personal property]], refers to everything else; movable objects, such as computers, cars, jewelry or intangible rights, such as [[Share (finance)|stocks and shares]]. A right ''[[in rem]]'' is a right to a specific piece of property, contrasting to a right ''[[in personam]]'' which allows compensation for a loss, but not a particular thing back. Land law forms the basis for most kinds of property law, and is the most complex. It concerns [[Mortgage law|mortgages]], [[Leasehold estate|rental agreements]], [[license|licences]], [[Covenant (law)|covenants]], [[easement]]s and the statutory systems for land registration. Regulations on the use of personal property fall under intellectual property, [[company (law)|company law]], [[Trust law|trusts]] and [[commercial law]]. An example of a basic case of most property law is ''[[Armory v Delamirie]]'' [1722].<ref>''[[Armory v Delamirie]]'' (1722) 93 ER 664, 1 Strange 505</ref> A [[chimney sweep]]'s boy found a jewel encrusted with precious stones. He took it to a goldsmith to have it valued. The goldsmith's apprentice looked at it, sneakily removed the stones, told the boy it was worth three [[Halfpenny (British coin)|halfpence]] and that he would buy it. The boy said he would prefer the jewel back, so the apprentice gave it to him, but without the stones. The boy sued the goldsmith for his apprentice's attempt to cheat him. [[Lord Chief Justice Pratt]] ruled that even though the boy could not be said to own the jewel, he should be considered the rightful keeper ("finders keepers") until the original owner is found. In fact the apprentice and the boy both had a right of ''[[Possession (law)|possession]]'' in the jewel (a technical concept, meaning evidence that something ''could'' belong to someone), but the boy's possessory interest was considered better, because it could be shown to be first in time. Possession may be nine-tenths of the law, but not all.

This case is used to support the view of property in common law jurisdictions, that the person who can show the best claim to a piece of property, against any contesting party, is the owner.{{sfn|Matthews|1995|pp=251–274}} By contrast, the classic civil law approach to property, propounded by [[Friedrich Carl von Savigny]], is that it is a right good against the world. Obligations, like contracts and torts, are conceptualised as rights good between individuals.{{sfn|Savigny|1803|p=25}} The idea of property raises many further philosophical and political issues. Locke argued that our "lives, liberties and estates" are our property because we own our bodies and [[Labour theory of property|mix our labour]] with our surroundings.{{sfn|Locke|1689|loc=Section 123}}

=== Equity and trusts ===
{{main|Equity (law)|Trust law}}
[[File:Microcosm of London Plate 022 - Court of Chancery, Lincoln's Inn Hall edited.jpg|thumb|left|The [[Court of Chancery]], London, England, early 19th century]]

Equity is a body of rules that developed in England separately from the "common law". The common law was administered by judges and barristers. The [[Lord Chancellor]] on the other hand, as the King's keeper of conscience, could overrule the judge-made law if he thought it equitable to do so.{{sfn|McGhee|2000|p=7}} This meant equity came to operate more through [[Maxims of equity|principles]] than rigid rules. Whereas neither the common law nor civil law systems allow people to split the ownership from the control of one piece of property, equity allows this through an arrangement known as a trust. Trustees control property whereas the beneficial, or equitable, ownership of trust property is held by people known as beneficiaries. Trustees owe duties to their beneficiaries to take good care of the entrusted property.<ref>{{cite court |litigants=Bristol and West Building Society v Mothew |date=1998}}</ref> Another example of a trustee's duty might be to invest property wisely or sell it.<ref>''[[Nestlé v National Westminster Bank plc]]'' [1993] 1 WLR 1260</ref> This is especially the case for pension funds, the most important form of trust, where investors are trustees for people's savings until retirement. But trusts can also be set up for [[Charitable trust|charitable purposes]].

=== Further disciplines ===
; Law and society
[[File:Unison strike rally Oxford 20060328.jpg|thumb|A trade union protest by [[UNISON]] while on strike]]
* [[Labour law]] is the study of a tripartite industrial relationship between worker, employer and trade union. This involves [[collective bargaining]] regulation, and the right to strike. Individual employment law refers to workplace rights, such as [[job security]], [[Occupational safety and health|health and safety]] or a [[minimum wage]].
* [[Human rights]], [[Civil and political rights|civil rights]] and [[human rights law]]. These are laid down in codes such as the [[Universal Declaration of Human Rights]], the [[European Convention on Human Rights]] (which founded the [[European Court of Human Rights]]) and the [[United States Bill of Rights|U.S. Bill of Rights]]. The [[Treaty of Lisbon]] makes the [[Charter of Fundamental Rights of the European Union]] legally binding in all member states [[Opt-outs in the European Union#Charter of Fundamental Rights of the European Union – Poland|except Poland and the United Kingdom]].<ref>{{cite web|title=A Guide to the Treaty of Lisbon|url=http://www.lawsociety.org.uk/documents/downloads/guide_to_treaty_of_lisbon.pdf|publisher=The Law Society|date=January 2008|access-date=1 September 2008|url-status=dead|archive-url=https://web.archive.org/web/20080910001253/http://www.lawsociety.org.uk/documents/downloads/guide_to_treaty_of_lisbon.pdf|archive-date=10 September 2008}}</ref>
* [[Civil procedure]] and [[criminal procedure]] concern the rules that courts must follow as a trial and appeals proceed. Both concern a citizen's [[right to a fair trial]] or hearing.
* [[Evidence (law)|Evidence law]] involves which materials are admissible in courts for a case to be built.
* [[Immigration law]] and [[nationality law]] concern the rights of foreigners to live and work in a nation-state that is not their own and to acquire or lose [[citizenship]]. Both also involve the [[right of asylum]] and the problem of [[statelessness|stateless]] individuals.
* [[Family law]] covers marriage and divorce proceedings, the rights of children and rights to property and money in the event of separation.
* [[Transactional law]] is the practice of law concerning business and money.
* [[Biolaw]] focuses on the intersection of law and the biosciences.

; Law and commerce
* [[Company law]] sprang from the law of trusts, on the principle of separating ownership of property and control.{{sfn|Berle|1932}} The law of the modern [[company (law)|company]] began with the [[Joint Stock Companies Act 1856]], passed in the United Kingdom, which provided investors with a simple registration procedure to gain [[limited liability]] under the [[Juristic person|separate legal personality]] of the corporation.
* [[Commercial law]] covers complex contract and property law. The law of [[Law of agency|agency]], [[insurance law]], [[Negotiable instrument|bills of exchange]], [[insolvency]] and [[bankruptcy law]] and sales law trace back to the medieval ''[[Law Merchant|Lex Mercatoria]]''. The UK [[Sale of Goods Act 1979]] and the US [[Uniform Commercial Code]] are examples of codified common law commercial principles.
* [[Admiralty law]] and the [[United Nations Convention on the Law of the Sea|sea law]] lay a basic framework for free trade and commerce across the world's oceans and seas, where outside of a country's zone of control. Shipping companies operate through ordinary principles of commercial law, generalised for a global market. Admiralty law also encompasses specialised issues such as [[marine salvage|salvage]], [[Lien#Maritime liens|maritime liens]], and injuries to passengers.
* [[Intellectual property law]] aims at safeguarding creators and other producers of intellectual goods and services. These are legal rights ([[copyright]]s, trademarks, patents, and [[related right]]s) which result from intellectual activity in the industrial, literary and artistic fields.<ref>WIPO, ''Intellectual Property'', 3</ref>
* [[Space law]] is a relatively new field dealing with aspects of international law regarding human activities in Earth orbit and outer space. While at first addressing space relations of countries via treaties, increasingly it is addressing areas such as [[commercialization of space|space commercialisation]], property, liability, and other issues.

; Law and regulation
[[File:1930-67B.png|thumb|The [[New York Stock Exchange]] trading floor after the [[Wall Street Crash of 1929]], before tougher [[banking regulation]] was introduced]]
* [[Tax law]] involves regulations that concern [[value added tax]], [[corporate tax]], and [[income tax]].
* [[Bank regulation|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]].
* Regulation deals with the provision of [[public services]] and utilities. [[Water law]] is one example. Especially since [[privatisation]] became popular and took management of services away from public law, private companies doing the jobs previously controlled by government have been bound by varying degrees of social responsibility. [[Energy policy|Energy]], [[Ofgem|gas]], [[telecommunication policy|telecomms]] and [[water law|water]] are regulated industries in most [[Organisation for Economic Co-operation and Development|OECD]] countries.
* [[Competition law]], known in the United States as [[antitrust]] law, is an evolving field that traces as far back as [[Ancient Rome|Roman]] decrees against [[price fixing]] and the English [[restraint of trade]] doctrine. Modern competition law derives from the U.S. anti-cartel and anti-monopoly statutes (the [[Sherman Act]] and [[Clayton Act]]) of the turn of the 20th century. It is used to control businesses who attempt to use their economic influence to distort market prices at the expense of [[consumer welfare]].
* [[Consumer protection|Consumer law]] could include anything from regulations on unfair [[contractual terms]] and clauses to directives on airline baggage insurance.
* [[Environmental law]] is increasingly important, especially in light of the [[Kyoto Protocol]] and the potential danger of [[climate change]]. Environmental protection also serves to penalise [[pollution|polluters]] within domestic legal systems.
* [[Aviation law]] deals with all regulations and technical standards applicable to the safe operation of aircraft, and is an essential part both of pilots' training and pilot's operations. It is framed by national civil aviation acts (or laws), themselves mostly aligned with the recommendations or mandatory standards of the [[International Civil Aviation Organization|International Civil Aviation Organisation]] or ICAO.