Legality

Legality can be defined as an act, agreement, or contract that is consistent with the law or state of being lawful or unlawful in a given jurisdiction.

According to the Merriam-Webster Dictionary, legality is 1 : attachment to or observance of law. 2 : the quality or state of being legal [1] Businessdictionary.com, thelawdictionary.org, and mylawdictionary.org definition explains concept of attachment to law as Implied warranty that an act, agreement, or contract strictly adheres to the statutes of a particular jurisdiction. For example, in insurance contracts it is assumed that all risks covered under the policy are legal ventures. The second definition cited by Businessdictionary.com, the Legal principle that an accused may not be prosecuted for an act that is not declared a crime in that jurisdiction is actually about the Principle of legality which is part of the overall concept of legality.[2][3]

Definitions

Vicki Schultz[4] states that we collectively have a shared knowledge about most concepts. How we interpret the reality of our actual understanding of a concept manifests itself through the different individual narratives that we tell about the origins and meanings of a particular concept. The difference in narratives, about the same set of facts, is what divides us. An individual has the ability to frame, or understand, something very differently than the next person. Evidence does not always lead to a clear attribution of the specific cause or meaning of an issue – meanings are derived through narratives. Reality, and the facts that surround it, are personally subjective and laden with assumptions based on clearly stated facts. Anna-Maria Marshall[5] states, this shift in framing happens because our perceptions depend “on new information and experiences;” this very idea is the basis of Ewick and Sibley definition of legality – our everyday experiences shape our understanding of the law.

Ewik and Silbey define "legality" more broadly as, those meanings, sources of authority, and cultural practices that are in some sense legal although not necessarily approved or acknowledged by official law. The concept of legality the opportunity to consider "how where and with what effect law is produced in and through commonplace social interactions....How do our roles and statuses our relationships, our obligations, prerogatives and responsibilities, our identities and our behavoiurs bear the imprint of law. [6]

In a paper on Normative Phenomena of Morality, Ethics and Legality, legality is defined taking the state's role in to account as, The system of laws and regulations of right and wrong behavior that are enforceable by the state (federal, state, or local governmental body in the U.S.) through the exercise of its policing powers and judicial process, with the threat and use of penalties, including its monopoly on the right to use physical violence.[7]

Principle of legality

The principle of legality is the legal ideal that requires all law to be clear, ascertainable and non-retrospective. It requires decision makers to resolve disputes by applying legal rules that have been declared beforehand, and not to alter the legal situation retrospectively by discretionary departures from established law.[8] It is closely related to legal formalism and the rule of law and can be traced from the writings of Feuerbach, Dicey and Montesquieu.

The principle has particular relevance in criminal and administrative law. In criminal law it can be seen in the general prohibition on the imposition of criminal sanctions for acts or omissions that were not criminal at the time of their commission or omission. The principle is also thought to be violated when the sanctions for a particular crime are increased with retrospective effect.

In administrative law it can be seen in the desire for state officials to be bound by and apply the law rather than acting upon whim. As such advocates of the principle are normally against discretionary powers.

The principle can be varyingly expressed in Latin phrases such as Nullum crimen, nulla poena sine praevia lege poenali (No crime can be committed, nor punishment imposed without a pre-existing penal law), nulla poena sine lege (no penalty without law) and nullum crimen sine lege (no crime without law). A law that violates the principle by retroactively making actions illegal that were committed before the enactment of the law is called an ex post facto law.

Other related concepts

Rule of law provides for availability of rules, laws and legal mechanism to implement them. Principle of legality checks for availability and quality of the laws. Legality checks for if certain behaviour is according to law or not. concept of Legitimacy of law looks for fairness or acceptability of fairness of process of implementation of law.

quality of being legal and observance to the law may pertain to lawfullness, i.e. being consistent to the law or it may get discussed in principle of legality or may be discussed as legal legitimacy.

Legality of purpose

In contract law, legality of purpose is required of every enforceable contract. One can not validate or enforce a contract to do activity with unlawful purpose.[9]

Constitutional legality

The principle of legality can be affected in different ways by different constitutional models. In the United States, laws may not violate the stated provisions of the United States Constitution which includes a prohibition on retrospective laws. In Britain under the doctrine of Parliamentary sovereignty, the legislature can (in theory) pass such retrospective laws as it sees fit, though article 7 of the European convention on human rights, which has legal force in Britain, forbids conviction for a crime which was not illegal at the time it was committed. Article 7 has already had an effect in a number of cases in the British courts.

In contrast many written constitutions prohibit the creation of retroactive (normally criminal) laws. However the possibility of statutes being struck down creates its own problems. It is clearly more difficult to ascertain what is a valid statute when any number of statutes may have constitutional question marks hanging over them. When a statute is declared unconstitutional, the actions of public authorities and private individuals which were legal under the invalidated statute, are retrospectively tainted with illegality. Such a result could not occur under parliamentary sovereignty (or at least not before Factortame) as a statute was law and its validity could not be questioned in any court.

International law

Legality, in its criminal aspect, is a principle of international human rights law, and is incorporated into the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the European Convention on Human Rights. However the imposition of penalties for offences illegal under international law or criminal according to "the general principles of law recognized by civilized nations" are normally excluded from its ambit. As such the trial and punishment for genocide, war crimes and crimes against humanity does not breach international law.

There is some debate about whether this is really a true exception or not. Some people would argue that it is a derogation or – perhaps somewhat more harshly – an infringement of the principle of legality. While others would argue that crimes such as genocide are contrary to natural law and as such are always illegal and always have been. Thus imposing punishment for them is always legitimate. The exception and the natural law justification for it can be seen as an attempt to justify the Nuremberg trials and the trial of Adolf Eichmann, both of which were criticized for applying retrospective criminal sanctions.

The territorial principle, generally confining national jurisdiction to a nation’s borders, has been expanded to accommodate extraterritorial, national interest.

In criminal law, the principle of legality assures the primacy of law in all criminal proceedings.

Bibliography

  • Kelsen, Hans. General Theory of Law and State (Cambridge, Massachusetts : Harvard University Press, c1945) (Cambridge, Massachusetts : Harvard University Press, 1949) (New York : Russell & Russell, 1961) (New Brunswick, New Jersey : Transaction Publishers, c2006).
  • Kelsen, Hans. Principles of international law (New York : Rinehart, 1952) (New York : Holt, Rinehart & Winston, 1966) (Clark, New Jersey : Lawbook Exchange, 2003).
  • Slaughter, Anne-Marie. A new world order (Princeton : Princeton University Press, c2004).
  • Nye, Joseph S. Soft power (New York : Public Affairs, c2004).
  • de Sousa Santos, Boaventura and César A. Rodríguez-Garavito, eds. Law and globalization from below : towards a cosmopolitan legality (Cambridge, UK : Cambridge University Press, 2005)
  • Marsh, James L. Unjust legality : a critique of Habermas's philosophy of law (Lanham : Rowman & Littlefield Publishers, c2001).
  • Sarat, Austin, et al., eds. The limits of law (Stanford : Stanford University Press, 2005).
  • Milano, Enrico. Unlawful territorial situations in international law : reconciling effectiveness, legality and legitimacy (Leiden ; Boston : M. Nijhoff, c2006).
  • Ackerman, Bruce, ed. Bush v. Gore : the question of legitimacy (New Haven : Yale University Press, c2002).
  • Gabriel Hallevy A Modern Treatise on the Principle of Legality in Criminal Law (Heidelberg : Springer-Heidelberg, c2010).

See also

External links

References

  1. ^ "Definition of LEGALITY". merriam-webster.com.
  2. ^ "What is legality? definition and meaning". businessdictionary.com.
  3. ^ "What is LEGALITY? definition of LEGALITY (Black's Law Dictionary)". thelawdictionary.org.
  4. ^ Schultz, Vicki (1 January 1990). "Telling Stories about Women and Work: Judicial Interpretations of Sex Segregation in the Workplace in Title VII Cases Raising the Lack of Interest Argument". Harvard Law Review. 103 (8): 1749–1843. doi:10.2307/1341317. JSTOR 1341317.
  5. ^ Marshall, Anna-Maria (1 July 2003). "Injustice Frames, Legality, and the Everyday Construction of Sexual Harassment". Law & Social Inquiry. 28 (3): 659–689. doi:10.1111/j.1747-4469.2003.tb00211.x.
  6. ^ Berman, Paul Schiff (27 February 2012). Global Legal Pluralism: A Jurisprudence of Law Beyond Borders. Cambridge University Press. ISBN 978-0-521-76982-2 – via Google Books.
  7. ^ Erhard, Werner; Jensen, Michael C.; Zaffron, Steve (2009). "Integrity: A Positive Model that Incorporates the Normative Phenomena of Morality, Ethics and Legality". SSRN Electronic Journal. doi:10.2139/ssrn.920625.
  8. ^ Robinson, Paul H. (2005). "Fair Notice and Fair Adjudication: two kinds of legality".
  9. ^ Litvin, Michael (15 September 2009). "Legality of purpose – contracts". cornell.edu.
Abortion-rights movements

Abortion-rights movements, also referred to as pro-choice movements, advocate for legal access to induced abortion services. The issue of induced abortion remains divisive in public life, with recurring arguments to liberalize or to restrict access to legal abortion services. Abortion-rights supporters themselves are frequently divided as to the types of abortion services that should be available and to the circumstances, for example different periods in the pregnancy such as late term abortions, in which access may be restricted.

Abortion law

Abortion law permits, prohibits, restricts, or otherwise regulates the availability of abortion. Abortion has been a controversial subject in many societies through history on religious, moral, ethical, practical, and political grounds. It has been banned frequently and otherwise limited by law. However, abortions continue to be common in many areas, even where they are illegal. According to the World Health Organization (WHO), abortion rates are similar in countries where the procedure is legal and in countries where it is not, due to unavailability of modern contraceptives in areas where abortion is illegal.Also according to the WHO, the number of abortions worldwide is declining due to increased access to contraception. Almost two-thirds of the world's women currently reside in countries where abortion may be obtained on request for a broad range of social, economic, or personal reasons. Abortion laws vary widely by country. Three countries in Latin America (Dominican Republic, El Salvador, and Nicaragua) and two in Europe (Malta and the Holy See) have banned abortions entirely, but life-saving abortions are allowed in Malta in practice. South Korea also has this law, although it is currently under reconstruction after it was judged "against the constitution". This law may be permanently deleted if National Congress of South Korea cannot reconstruct the law until December 31st, 2020.

Advisory opinion on the Legality of the Threat or Use of Nuclear Weapons

Legality of the Threat or Use of Nuclear Weapons [1996] ICJ 2 is a landmark international law case, where the International Court of Justice gave an advisory opinion stating that there is no source of law, customary or treaty, that explicitly prohibits the possession or even use of nuclear weapons. The only requirement being that their use must be in conformity with the law on self-defence and principles of international humanitarian law.The World Health Organization requested the opinion on 3 September 1993, but it was initially refused because the WHO was acting outside its legal capacity (ultra vires). So the United Nations General Assembly requested another opinion in December 1994, accepted by the Court in January 1995. As well as determining the illegality of nuclear weapon use, the court discussed the proper role of international judicial bodies, the ICJ's advisory function, international humanitarian law (jus in bello), and rules governing the use of force (jus ad bellum). It explored the status of "Lotus approach", and employed the concept of non liquet. There were also strategic questions such as the legality of the practice of nuclear deterrence or the meaning of Article VI of the 1968 Treaty on the Non-Proliferation of Nuclear Weapons.

The possibility of outlawing use of nuclear weapons in an armed conflict was raised on 30 June 1950, by the Dutch representative to the International Law Commission (ILC) J.P.A. François, who suggested this "would in itself be an advance". In addition, the Polish government requested this issue to be examined by the ILC as a crime against the peace of mankind. However, the issue was delayed during the Cold War.

Annual cannabis use by country

This is a list of the annual prevalence of cannabis use by country (including some territories) as a percentage of the population aged 15–64 (unless otherwise indicated). The indicator is an "annual prevalence" rate which is the percentage of the youth and adult population who have consumed cannabis at least once in the past survey year.

Anti-abortion movement

Anti-abortion movements, also referred to as pro-life movements, are involved in the abortion debate advocating against the practice of abortion and its legality. Many anti-abortion movements began as countermovements in response to the legalization of elective abortions.

Abortion is defined as the termination of a human pregnancy accompanied by the death of the embryo or fetus.

Cannabis in Ghana

Cannabis in Ghana is illegal without license from the Minister of Health, but the nation is, along with Nigeria, among the top illicit cannabis-producing countries of West Africa. Cannabis in Ghana is known as wee or devil's tobacco.

Cannabis in Uruguay

Cannabis is legal in Uruguay, and is one of the most widely used drugs in the nation.President Jose Mujica signed legislation to legalize recreational cannabis in December 2013, making Uruguay the first country in the modern era to legalize cannabis. In August 2014, Uruguay legalized growing up to six plants at home, as well as the formation of growing clubs, a state-controlled marijuana dispensary regime, and the creation of a Cannabis regulatory institute (IRCCA in Spanish). In October 2014 the Government began registering growers' clubs, allowed in turn to grow a maximum of 99 cannabis plants annually; as of August 2015, there were 2,743 registered personal growers. After a long delay in implementing the retail component of the law, in 2017 sixteen pharmacies were authorized to sell cannabis commercially.

Drug harmfulness

Drug harmfulness is the degree to which a psychoactive drug is harmful to a user and is measured in various ways, such as by addictiveness and the potential for physical harm. More harmful drugs are called "hard drugs", and less harmful drugs are called "soft drugs". The term "soft drug" is considered controversial by its critics as it may imply that soft drugs cause no or insignificant harm.

Legality of bitcoin by country or territory

The legal status of bitcoin (and related crypto instruments) varies substantially from state to state and is still undefined or changing in many of them. Whereas the majority of countries do not make the usage of bitcoin itself illegal, its status as money (or a commodity) varies, with differing regulatory implications.While some states have explicitly allowed its use and trade, others have banned or restricted it. Likewise, various government agencies, departments, and courts have classified bitcoins differently. While this article provides the legal status of bitcoin, regulations and bans that apply to this cryptocurrency likely extend to similar systems as well.

Legality of cannabis

The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and (in regards to medical) how it can be consumed and what medical conditions it can be used for. These policies in most countries are regulated by the United Nations Single Convention on Narcotic Drugs that was ratified in 1961, along with the 1971 Convention on Psychotropic Substances and the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.The use of cannabis for recreational purposes is prohibited in most countries; however, many have adopted a policy of decriminalization to make simple possession a non-criminal offense (often similar to a minor traffic violation). Others have much more severe penalties such as some Asian and Middle Eastern countries where possession of even small amounts is punished by imprisonment for several years.Uruguay and Canada are the only sovereign states that have fully legalized the consumption and sale of recreational cannabis nationwide. In the United States, ten states and the District of Columbia have legalized the recreational use of cannabis although it remains federally illegal. Laws vary from state to state when it comes to the commercial sale. Court rulings in Georgia and South Africa have led to the legalization of cannabis consumption, but not legal sales. A policy of limited enforcement has also been adopted in many countries, in particular Spain and the Netherlands where the sale of cannabis is tolerated at licensed establishments.Countries that have legalized the medical use of cannabis include Argentina, Australia, Canada, Chile, Colombia, Croatia, Cyprus, Germany, Greece, Israel, Italy, Lithuania, Luxembourg, North Macedonia, Norway, the Netherlands, New Zealand, Peru, Poland, Switzerland, and Thailand. Others have more restrictive laws that only allow the use of certain cannabis-derived pharmaceutical drugs, such as Sativex, Marinol, or Epidiolex. In the United States, 33 states and the District of Columbia have legalized the medical use of cannabis, but at the federal level its use remains prohibited for any purpose.

Legality of cannabis by U.S. jurisdiction

In the United States, the use and possession of cannabis is illegal under federal law for any purpose, by way of the Controlled Substances Act of 1970. Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use – thereby prohibiting even medical use of the drug. At the state level, however, policies regarding the medical and recreational use of cannabis vary greatly, and in many states conflict significantly with federal law.

The medical use of cannabis is legal (with a doctor's recommendation) in 33 states, four out of five permanently inhabited U.S. territories, and the District of Columbia. Fourteen other states have laws that limit THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. Although cannabis remains a Schedule I drug, the Rohrabacher–Farr amendment prohibits federal prosecution of individuals complying with state medical cannabis laws.The recreational use of cannabis is legal in 10 states (Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington), the District of Columbia, the Northern Mariana Islands, and Guam. In Illinois, where cannabis is decriminalized for personal use, the state legislature passed a legalization bill that would go into effect on January 1, 2020 and Governor J. B. Pritzker signed it into law on June 25, 2019. In addition to Illinois, another 14 states and the U.S. Virgin Islands have decriminalized the use of cannabis for recreational purposes, including Texas which is not shown on the map. Commercial distribution of cannabis is allowed in all jurisdictions where cannabis has been legalized, except Vermont and the District of Columbia. Prior to January 2018, the Cole Memorandum provided some protection against the enforcement of federal law in states that have legalized, but it was rescinded by former Attorney General Jeff Sessions.Although the use of cannabis remains federally illegal, some of its derivative compounds have been approved by the Food and Drug Administration for prescription use. Cannabinoid drugs which have received FDA approval are Marinol (THC), Syndros (THC), Cesamet (nabilone), and Epidiolex (cannabidiol). For non-prescription use, cannabidiol derived from industrial hemp is legal at the federal level but legality (and enforcement) varies by state.

Legality of recording by civilians

The legality of recording by civilians refers to laws regarding the recording of other persons and property by civilians through the means of still photography, videography, and audio recording in various locations. In many places, it is common for the recording of public property, persons within the public domain, and of private property visible or audible from the public domain to be legal. However, laws have been passed restricting such activity in order to protect the privacy of others. To make matters even more complicated, the laws governing still photography may be vastly different from the laws governing any type of motion picture photography.

In the United States, anti-photography laws have been passed following the September 11, 2001 attacks and the increased popularity of camera phones. There might be local laws and policies governing the specific landmark or property in which one seeks to photograph. Laws on private property differ. Owners of private property in most places must authorize recording on their own property.

Mescaline

Mescaline (3,4,5-trimethoxyphenethylamine) is a naturally occurring psychedelic alkaloid of the phenethylamine class, known for its hallucinogenic effects comparable to those of LSD and psilocybin.

It occurs naturally in the peyote cactus (Lophophora williamsii), the San Pedro cactus (Echinopsis pachanoi), the Peruvian torch (Echinopsis peruviana), and other members of the Cactaceae plant family. It is also found in small amounts in certain members of the Fabaceae (bean) family, including Acacia berlandieri. However those claims concerning Acacia species have been challenged and have been unsupported in additional analysis.

Necrophilia

Necrophilia, also known as necrophilism, necrolagnia, necrocoitus, necrochlesis, and thanatophilia, is a sexual attraction or sexual act which involves corpses. It is classified as a paraphilia by ICD10 published by the WHO and the Diagnostic and Statistical Manual (DSM) of the American Psychiatric Association.Rosman and Resnick (1989) reviewed information from 34 cases of necrophilia describing the individuals' motivations for their behaviors: these individuals reported the desire to possess a non-resisting and non-rejecting partner (68%), reunions with a romantic partner (21%), sexual attraction to corpses (15%), comfort or overcoming feelings of isolation (15%), or seeking self-esteem by expressing power over a homicide victim (12%).

Nikah mut'ah

Nikah mut'ah (Arabic: نكاح المتعة‎, romanized: nikāḥ al-mutʿah, literally "pleasure marriage"; or Sigheh (Persian: صیغه‎) is a private and verbal temporary marriage contract that is practiced in Twelver Shia Islam in which the duration of the marriage and the mahr must be specified and agreed upon in advance. It is a private contract made in a verbal or written format. A declaration of the intent to marry and an acceptance of the terms are required as in other forms of marriage in Islam.According to Twelver Shia jurisprudence, preconditions for mutah are: The bride must not be married, she must be Muslim or belong to Ahl al-Kitab (People of the Book), she should be chaste, not addicted to fornication and she should not be a young virgin (if her father is absent and cannot give consent). At the end of the contract, the marriage ends and the wife must undergo iddah, a period of abstinence from marriage (and thus, sexual intercourse). The iddah is intended to give paternal certainty to any child/ren should the wife become pregnant during the temporary marriage contract.Generally, the Nikah mut'ah has no proscribed minimum or maximum duration. However, one source, The Oxford Dictionary of Islam, indicates the minimum duration of the marriage is debatable and durations of at least three days, three months or one year have been suggested. Sunni Muslims, and within Shia Islam, Zaidi Shias, Ismaili Shias, and Dawoodi Bohras do not practice Nikah mut'ah. However, Sunni Muslims practice Nikah misyar, which has been regularly considered a somewhat similar marriage arrangement.

Many Muslims and Western scholars have claimed that both Nikah mut'ah and Nikah misyar are Islamically void attempts to religiously sanction prostitution which is otherwise forbidden.

Paramilitary

A paramilitary is a semi-militarized force whose organizational structure, tactics, training, subculture, and (often) function are similar to those of a professional military, but which is formally not part of a country's armed forces.

Peyote

Lophophora williamsii () or peyote () is a small, spineless cactus with psychoactive alkaloids, particularly mescaline. Peyote is a Spanish word derived from the Nahuatl, or Aztec, peyōtl [ˈpejoːt͡ɬ], meaning "glisten" or "glistening". Other sources translate the Nahuatl word as "Divine Messenger". Peyote is native to Mexico and southwestern Texas. It is found primarily in the Chihuahuan Desert and in the states of Coahuila, Nuevo León, Tamaulipas, and San Luis Potosí among scrub. It flowers from March to May, and sometimes as late as September. The flowers are pink, with thigmotactic anthers (like Opuntia).

Known for its psychoactive properties when ingested, peyote is used worldwide, having a long history of ritualistic and medicinal use by indigenous North Americans. Peyote contains the hallucinogen mescaline.

Socialist law

Socialist law or Soviet law denotes a general type of legal system which has been used in socialist and formerly socialist states. It is based on the civil law system, with major modifications and additions from Marxist-Leninist ideology. There is controversy as to whether socialist law ever constituted a separate legal system or not. If so, prior to the end of the Cold War, socialist law would be ranked among the major legal systems of the world.

While civil law systems have traditionally put great pains in defining the notion of private property, how it may be acquired, transferred, or lost, socialist law systems provide for most property to be owned by the state or by agricultural co-operatives, and having special courts and laws for state enterprises.Many scholars argue that socialist law was not a separate legal classification. Although the command economy approach of the communist states meant that most types of property could not be owned, the Soviet Union always had a civil code, courts that interpreted this civil code, and a civil law approach to legal reasoning (thus, both legal process and legal reasoning were largely analogous to the French or German civil code system). Legal systems in all socialist states preserved formal criteria of the Romano-Germanic civil law; for this reason, law theorists in post-socialist states usually consider the socialist law as a particular case of the Romano-Germanic civil law. Cases of development of common law into socialist law are unknown because of incompatibility of basic principles of these two systems (common law presumes influential rule-making role of courts while courts in socialist states play a dependent role).

Stoner film

Stoner film is a subgenre of comedy films that revolve around the use of cannabis. Generally, cannabis use is one of the main themes and inspires much of the plot. They are often representative of cannabis culture.

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