Victor Gerard Marie Marijnen (21 February 1917 – 5 April 1975) was a Dutch politician of the Catholic People's Party (KVP) and jurist who served as Prime Minister of the Netherlands from 24 July 1963 until 14 April 1965.
124-638: Marijnen studied Law at the Radboud University Nijmegen obtaining a Master of Laws degree followed by a postgraduate education in Agricultural economics at the Rotterdam School of Economics where he obtained a Bachelor of Economics degree. Marijnen worked as a civil servant for the Ministries of Economic Affairs and Agriculture and Fisheries from August 1941 until November 1957 and as
248-522: A backbencher from 27 April 1965 until his resignation on 14 January 1966. Marijnen also became active in the public sector as a non-profit director and served on several state commissions and councils on behalf of the government. Marijnen continued to be active in politics and in September 1968 was nominated as the Mayor of The Hague , taking office on 16 October 1968. On 5 April 1975 Marijnen died after suffering
372-401: A constitution , written or tacit, and the rights encoded therein. The law shapes politics , economics , history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions , with their differences analysed in comparative law . In civil law jurisdictions, a legislature or other central body codifies and consolidates
496-625: A federal system (as in Australia, Germany or the United States) or different voting configuration in a unitary system (as in France). In the UK the upper house is appointed by the government as a house of review . One criticism of bicameral systems with two elected chambers is that the upper and lower houses may simply mirror one another. The traditional justification of bicameralism is that an upper chamber acts as
620-417: A parliamentary system , as with Britain, Italy, Germany, India, and Japan, the executive is known as the cabinet, and composed of members of the legislature. The executive is led by the head of government , whose office holds power under the confidence of the legislature. Because popular elections appoint political parties to govern, the leader of a party can change in between elections. The head of state
744-652: A ruler ') is a set of ordinances and regulations made by ecclesiastical authority , for the government of a Christian organisation or church and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern Orthodox Church , the Oriental Orthodox Churches , and the individual national churches within the Anglican Communion . The way that such church law
868-440: A "common law" developed during the reign of Henry II during the late 12th century, when Henry appointed judges who had the authority to create an institutionalised and unified system of law common to the country. The next major step in the evolution of the common law came when King John was 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
992-508: A 12th-century English adventurer and invader of the Scottish coast, was blinded and castrated after losing a power struggle. In medieval England, men found guilty of high treason were hanged, drawn and quartered , which often included emasculation (removal of the genitalia). Wim Deetman was criticized by the Dutch parliament for excluding evidence of castration in his report on sexual abuse by
1116-512: A dog bite them off. During the Yuan dynasty , eunuchs became a desirable commodity for tributes , and dog bites were replaced by more sophisticated surgical techniques. The Vietnamese adopted the eunuch system and castration techniques from China. Records show that the Vietnamese performed castration in a painful procedure by removing the entire genitalia with both penis and testicles being cut off with
1240-558: A eunuch attendant at the Vietnamese imperial palace in Thang Long . After years of service, he was promoted at the death of the Vietnamese ruler in 1497 to a military position in northern Vietnam. A soldier told him of an escape route back to China and Wu Rui escaped to Longzhou . The local chief planned to sell him back to the Vietnamese, but Wu was rescued by the Pingxiang magistrate and then
1364-407: A fatal heart attack at his home at the age of just 58. Marijnen was known for his abilities as a skilful manager and effective consensus builder. During his premiership, his cabinet was responsible for several major reforms to health insurance, the public broadcasting system and dealing with the fallout of the marriage between Princess Irene and carlist Carlos Hugo of Bourbon-Parma . He holds
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#17328557440181488-442: A house of review. This can minimise arbitrariness and injustice in governmental action. To pass legislation, a majority of the members of a legislature must vote for a bill (proposed law) in each house. Normally there will be several readings and amendments proposed by the different political factions. If a country has an entrenched constitution, a special majority for changes to the constitution may be required, making changes to
1612-596: A mental illness, chemical castration has been used on gay men, as in the case of Alan Turing . In modern times, the Czech Republic practices surgical castration of convicted sex offenders. According to the reports compiled by Council of Europe, a human-rights forum, the central European country physically castrated at least 94 prisoners in the 10 years up to April 2008. The Czech Republic defends this procedure as voluntary and effective. According to Dr. Martin Hollý, director of
1736-565: A prerequisite for their release from prison. The castration may be voluntary or mandated. The assumption is that it prevents future crimes. Reports are available from American and European countries for over 80 years (chemical for circa 30). The effectiveness and ethics of this treatment are heavily debated. A temporary "chemical castration" has been studied and developed as a preventive measure and punishment for several repeated sex crimes , such as rape or other sexually related violence . Where homosexuality has been criminalised or treated as
1860-591: A process of reform, at least in terms of economic, if not social and political, rights. A new contract code in 1999 represented a move away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organization . In general, legal systems can be split between civil law and common law systems. Modern scholars argue that the significance of this distinction has progressively declined. The numerous legal transplants , typical of modern law, result in
1984-422: A punishment for disobedience. In the medieval kingdom of Georgia , the 12th-century pretender Demna was castrated by his uncle George III of Georgia to ensure the supremacy of George's branch of the family. Another victim of castration was the 12th-century medieval French philosopher, scholar, teacher, and (later) monk Pierre Abélard . He was castrated by relatives of his lover, Héloïse . Bishop Wimund ,
2108-418: A sharp knife or metal blade. The procedure was agonizing since the entire penis was cut off. The young man's thighs and abdomen would be tied, and others would pin him down on a table. The genitals would be washed with pepper water and then cut off. A tube would be then inserted into the urethra to allow urination during healing. Many Vietnamese eunuchs were products of self-castration in order to gain access to
2232-473: A stand-in for criticizing the government. Commoners were banned from undergoing castration in Vietnam; only adult men of high social rank could be castrated. Most eunuchs were born as such with a congenital abnormality. The Vietnamese government mandated that boys born with defective genitalia were to be reported to officials, in exchange for the town being freed from mandatory labor requirements. The boy would have
2356-576: A trade association executive for the Christian Farmers and Gardeners association (CBTB) February 1949 until April 1951 and for the Catholic Employers association (AKWV) from November 1957 until May 1959. After the 1959 general election Marijnen was appointed as Minister of Agriculture and Fisheries in the De Quay cabinet , taking office on 19 May 1959. After the 1963 general election , Marijnen
2480-462: Is legislated , interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council ; these canons formed the foundation of canon law. The Catholic Church has the oldest continuously functioning legal system in the western world , predating the evolution of modern European civil law and common law systems. The 1983 Code of Canon Law governs
2604-495: Is a code of Jewish law that summarizes some of the Talmud's interpretations. A number of countries are sharia jurisdictions. Israeli law allows litigants to use religious laws only if they choose. Canon law is only in use by members of the Catholic Church , the Eastern Orthodox Church and the Anglican Communion . Canon law ( Ancient Greek : κανών , romanized : kanon , lit. 'a straight measuring rod;
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#17328557440182728-587: Is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature , resulting in statutes ; by the executive through decrees and regulations ; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by
2852-458: Is a system of rules, divided into primary (rules of conduct) and secondary ones (rules addressed to officials to administer primary rules). Secondary rules are further divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students continued the debate: In his book Law's Empire , Ronald Dworkin attacked Hart and
2976-472: Is an "authority" to mediate people's interests. Oliver Wendell Holmes defined law as "the prophecies of what the courts will do in fact, and nothing more pretentious." In his Treatise on Law , Thomas Aquinas argues that law is a rational ordering of things, which concern the common good, that is promulgated by whoever is charged with the care of the community. This definition has both positivist and naturalist elements. Definitions of law often raise
3100-411: Is any action, surgical , chemical , or otherwise, by which a male loses use of the testicles : the male gonad . Surgical castration is bilateral orchiectomy (excision of both testicles), while chemical castration uses pharmaceutical drugs to deactivate the testes. Castration causes sterilization (permanently preventing the castrated person or animal from reproducing ); it also greatly reduces
3224-706: Is apart from the executive, and symbolically enacts laws and acts as representative of the nation. Examples include the President of Germany (appointed by members of federal and state legislatures ), the Queen of the United Kingdom (an hereditary office ), and the President of Austria (elected by popular vote). The other important model is the presidential system , found in the United States and in Brazil . In presidential systems,
3348-513: Is authority, identifiable purely through social sources and without reference to moral reasoning. In his view, any categorisation of rules beyond their role as authoritative instruments in mediation is best left to sociology , rather than jurisprudence. The history of law links closely to the development of civilization . Ancient Egyptian law, dating as far back as 3000 BC, was based on the concept of Ma'at and characterised by tradition, rhetorical speech, social equality and impartiality. By
3472-467: Is law?" There have been several attempts to produce "a universally acceptable definition of law". In 1972, Baron Hampstead suggested that no such definition could be produced. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used. He said that, for example, " early customary law " and " municipal law " were contexts where
3596-537: Is stronger in civil law countries, particularly those with a separate system of administrative courts ; by contrast, the public-private law divide is less pronounced in common law jurisdictions. Law provides a source of scholarly inquiry into legal history , philosophy , economic analysis and sociology . Law also raises important and complex issues concerning equality, fairness, and justice . The word law , attested in Old English as lagu , comes from
3720-441: Is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. In The Concept of Law , H. L. A. Hart argued that law is a "system of rules"; John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire ; and Joseph Raz argues law
3844-994: Is the Supreme Court ; in Australia, the High Court ; in India, the Supreme Court of India ; in the UK, the Supreme Court ; in Germany, the Bundesverfassungsgericht ; and in France, the Cour de Cassation . For most European countries the European Court of Justice in Luxembourg can overrule national law, when EU law is relevant. The European Court of Human Rights in Strasbourg allows citizens of
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3968-486: Is the legal systems in communist states such as the former Soviet Union and the People's Republic of China . Academic opinion is divided on whether it is a separate system from civil law, given major deviations based on Marxist–Leninist ideology, such as subordinating the judiciary to the executive ruling party. There are distinguished methods of legal reasoning (applying the law) and methods of interpreting (construing)
4092-563: Is to make laws, since they are acts of the general will ; nor whether the prince is above the law, since he is a member of the State; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are but registers of our wills. Jean-Jacques Rousseau, The Social Contract , II, 6. The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?", while analytic jurisprudence asks "what
4216-512: Is used to slow down the cancer. Surgical removal of one or both testicles known as orchidectomy is the most common treatment for testicular cancer. Castration has also been used in the United States for sex offenders as a way of avoiding incarceration. It can greatly reduce sex drive or interest in those with sexual drives, obsessions, or behaviors, or any combination of those that may be considered deviant. Involuntary castration appears in
4340-683: The Manusmriti (c. 100–300 AD) were foundational treatises in India, and comprise texts considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism , and was cited across Southeast Asia. During the Muslim conquests in the Indian subcontinent , sharia was established by the Muslim sultanates and empires, most notably Mughal Empire 's Fatawa-e-Alamgiri , compiled by emperor Aurangzeb and various scholars of Islam. In India,
4464-454: The "is" and what "ought to be" problem. Bentham and Austin argued for law's positivism ; that real law is entirely separate from "morality". Kant was also criticised by Friedrich Nietzsche , who rejected the principle of equality, and believed that law emanates from the will to power , and cannot be labeled as "moral" or "immoral". In 1934, the Austrian philosopher Hans Kelsen continued
4588-497: The Codex Hammurabi . The most intact copy of these stelae was discovered in the 19th century by British Assyriologists , and has since been fully transliterated and translated into various languages, including English, Italian, German, and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society. The small Greek city-state, ancient Athens , from about
4712-591: The Council of Europe member states to bring cases relating to human rights issues before it. Some countries allow their highest judicial authority to overrule legislation they determine to be unconstitutional . For example, in Brown v. Board of Education , the United States Supreme Court nullified many state statutes that had established racially segregated schools, finding such statutes to be incompatible with
4836-478: The Early Middle Ages , Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts to the canon law , giving birth to the jus commune . Latin legal maxims (called brocards ) were compiled for guidance. In medieval England, royal courts developed a body of precedent which later became the common law . A Europe-wide Law Merchant
4960-559: The English Court of Common Pleas had five. This powerful and tight-knit judiciary gave rise to a systematised process of developing common law. As time went on, many felt that the common law was overly systematised and inflexible, and increasing numbers of citizens petitioned the King to override the common law. On the King's behalf, the Lord Chancellor started giving judgments to do what
5084-1218: The Enlightenment . Then, in the 19th century, both France, with the Code Civil , and Germany, with the Bürgerliches Gesetzbuch , modernised their legal codes. Both these codes heavily influenced not only the law systems of the countries in continental Europe but also the Japanese and Korean legal traditions. Today, countries that have civil law systems range from Russia and Turkey to most of Central and Latin America . In common law legal systems, decisions by courts are explicitly acknowledged as "law" on equal footing with legislative statutes and executive regulations . The "doctrine of precedent", or stare decisis (Latin for "to stand by decisions") means that decisions by higher courts bind lower courts to assure that similar cases reach similar results. In contrast , in civil law systems, legislative statutes are typically more detailed, and judicial decisions are shorter and less detailed because
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5208-551: The Fourteenth Amendment to the United States Constitution . A judiciary is theoretically bound by the constitution, just as all other government bodies are. In most countries judges may only interpret the constitution and all other laws. But in common law countries, where matters are not constitutional, the judiciary may also create law under the doctrine of precedent . The UK, Finland and New Zealand assert
5332-585: The Fourth Chinese domination of Vietnam , the Ming Chinese under the Yongle Emperor castrated many young Vietnamese boys, choosing them for their handsomeness and ability, and brought them to Nanjing to serve as eunuchs. Among them were the architect-engineer Nguyễn An and Nguyen Lang (阮浪). Vietnamese were among the many eunuchs of different origins found at Yongle's court. Among the eunuchs in charge of
5456-645: The French , but mostly the German Civil Code. This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Qing Dynasty in the form of six private law codes based mainly on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of
5580-700: The Han dynasty were also used as slave labor. In the Han dynasty (206 BC–220 AD), castration continued to be used as a punishment for various offences. Chinese historian Sima Qian was castrated by order of the Han Emperor of China for dissent. In another incident multiple people, including a chief scribe and his underlings, were subjected to castration. During the early part of the Ming dynasty (1368–1644 AD), China demanded eunuchs to be sent as tribute from Korea . Some of them oversaw
5704-527: The Hindu legal tradition, along with Islamic law, were both supplanted by common law when India became part of the British Empire . Malaysia, Brunei, Singapore and Hong Kong also adopted the common law system. The Eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along Western lines, by importing parts of
5828-654: The Latin Church sui juris . The Eastern Catholic Churches, which developed different disciplines and practices, are governed by the Code of Canons of the Eastern Churches . The canon law of the Catholic Church influenced the common law during the medieval period through its preservation of Roman law doctrine such as the presumption of innocence . Roman Catholic canon law is a fully developed legal system, with all
5952-474: The Old Norse word lǫg . The singular form lag meant ' something laid or fixed ' while its plural meant ' law ' . But what, after all, is a law? [...] When I say that the object of laws is always general, I mean that law considers subjects en masse and actions in the abstract, and never a particular person or action. [...] On this view, we at once see that it can no longer be asked whose business it
6076-608: The Quran has some law, and it acts 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. 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
6200-645: The Shang dynasty ( c. 1700 –1050 BC), when the Shang kings castrated prisoners of war. During the reign of Mu of the Zhou dynasty (10th c. BC) the Minister of Crime, Marquis Lu, reformed the law in 950 BC to make it easier for people to be sentenced to castration instead of death. As long as the practice existed in China, not only were the testicles removed but castration included
6324-676: The absolutist theory of Thomas Hobbes ' Leviathan . Sun Yat-sen 's Five Power Constitution for the Republic of China took the separation of powers further by having two additional branches of government—a Control Yuan for auditing oversight and an Examination Yuan to manage the employment of public officials. Max Weber and others reshaped thinking on the extension of state. Modern military, policing and bureaucratic power over ordinary citizens' daily lives pose special problems for accountability that earlier writers such as Locke or Montesquieu could not have foreseen. The custom and practice of
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#17328557440186448-597: The "basic pattern of legal reasoning is reasoning by example"—that is, reasoning by comparing outcomes in cases resolving similar legal questions. In a U.S. Supreme Court case regarding procedural efforts taken by a debt collection company to avoid errors, Justice Sotomayor cautioned that "legal reasoning is not a mechanical or strictly linear process". Jurimetrics is the formal application of quantitative methods, especially probability and statistics , to legal questions. The use of statistical methods in court cases and law review articles has grown massively in importance in
6572-424: The 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code , which consisted of casuistic statements ("if … then ..."). Around 1760 BC, King Hammurabi further developed Babylonian law , by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae , for the entire public to see; this became known as
6696-467: The 6th century, which were rediscovered by 11th century Italy. Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. Instead a lay magistrate , iudex , was chosen to adjudicate. Decisions were not published in any systematic way, so any case law that developed was disguised and almost unrecognised. Each case was to be decided afresh from
6820-431: The 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and enslaved people . However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law ( thémis ), human decree ( nomos ) and custom ( díkē ). Yet Ancient Greek law contained major constitutional innovations in the development of democracy . Roman law
6944-604: The Capital Battalions of Beijing was Xing An, a Vietnamese. In the Lê dynasty the Vietnamese Emperor Lê Thánh Tông was aggressive in his relations with foreign countries including China. A large amount of trade between Guangdong and Vietnam happened during his reign. Early accounts recorded that the Vietnamese captured Chinese whose ships had blown off course and detained them. Young Chinese men were selected by
7068-577: The Chinese boys in a biography on Wang Ji'en. Some legends say that the Mongol Genghis Khan was castrated by a Tangut princess using a knife, who wanted revenge against his treatment of the Tanguts and to stop him from raping her. During the Qing dynasty (1644–1911 AD), the sons and grandsons of the rebel Yaqub Beg in China were all sentenced to castration. Surviving members of Yaqub Beg's family included his four sons, four grandchildren (two grandsons and two granddaughters), and four wives. They either died in prison in Lanzhou , Gansu, or were killed by
7192-447: The Chinese. His sons Yima Kuli, K'ati Kuli, Maiti Kuli, and grandson Aisan Ahung were the only survivors in 1879. They were all underage children, and put on trial, sentenced to an agonizing death if they were complicit in their father's rebellious "sedition", or if they were innocent of their fathers crimes, were to be sentenced to castration and serving as eunuch slaves to Chinese troops, when they reached 11 years old, and handed over to
7316-420: The Imperial Household to be executed or castrated. Although some sources assert that the sentence of castration was carried out, official sources from the US State Department and activists involved in the incident state that Yaqub Beg's son and grandsons had their sentence commuted to life imprisonment with a fund provided for their support. The eunuchs of Korea, called Naesi (내시, 內侍), were officials to
7440-413: The Khitan founded the Liao dynasty they developed a harem system with concubines and wives and adopted eunuchs as part of it. All of the eunuchs captured were ethnic Chinese from the Central Plains that came from two sources. The Khitan captured Chinese people who were already eunuchs at the Jin court when they invaded the Later Jin . Another source was during their war with the Chinese Song dynasty :
7564-477: The Khitan would raid China, capture Han Chinese boys as prisoners of war and emasculate them to become eunuchs. The emasculation of captured Chinese boys guaranteed a continuous supply of eunuchs to serve in the Liao dynasty harem. The Empress Dowager Xiao Chuo (Chengtian) played a large role in the raids to capture and emasculate the boys. Chengtian took power at age 30 in 982 as a regent for her son. Some reports suggest that she personally led her own army against
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#17328557440187688-438: 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,
7812-577: The Korean concubines in the harem of the Chinese Emperor. When the Chinese overthrew Mongol rule, many Mongol captives were castrated and turned into eunuchs. When the Ming army finally captured Yunnan from Mongols in 1382, thousands of prisoners were killed and, according to the custom in times of war, their young sons—including Zheng He —were castrated. During the Miao Rebellions (Ming dynasty) , Chinese commanders castrated thousands of Miao boys when their tribes revolted, and then distributed them as eunuch slaves as gifts to various officials. At
7936-531: The Lê dynasty of Annam (Vietnam) as they were returning to Malacca from China. The Vietnamese enslaved and castrated the young from among the captured. A 1472 entry in the Ming Shilu reported that when some Chinese from Nanhai county escaped back to China after their ship had been blown off course into Vietnam, where they had been forced to serve as soldiers in Vietnam's military. The escapees also reported that they found out up to 100 Chinese men remained captives in Vietnam after they were caught and castrated by
8060-433: The Netherlands. From 1965 to 1966 Marijnen was a member of the House of Representatives and concurrently chairman of the Board of the Rijnmond Authority. In 1967 he was also appointed chairman of the Post and Telecommunications Council. On 16 October 1968 he was selected Mayor of The Hague . Marijnen died on 5 April 1975 in The Hague , while serving as Mayor from a heart attack at the age of 58. Law Law
8184-405: The Psychiatric Hospital Bohnice in Prague, none of the nearly 100 sex offenders who had been physically castrated had committed further offences. One serial offender stated that being castrated was the "best decision" he ever made: "On the one hand you have to protect the potential victims and on the other hand I wanted to be protected from myself, I wanted to live like a normal person." Don Grubin,
8308-405: The Quran as its constitution , and is governed on the basis of Islamic law. Iran has also witnessed a reiteration of Islamic law into its legal system after 1979. 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 . Socialist law
8432-436: The Roman Catholic Church, where ten children were allegedly "punished" by castration in the 1950s for reporting sexual abuse by Roman Catholic priests. The Deetman Commission had rejected it as the person who reported the incident admitted it was speculative. In Spain, a law against castration was used to deny sex-reassignment surgery to transgender people until the Penal Code was reformed in 1983. According to legend, during
8556-405: The Roman Empire reports castration of defeated Byzantine Greeks at the hands of the Frankish marquis Theobald of Camerino and Spoleto in the course of 10th-century wars in Italy. Gibbon also alludes to a 12th-century incident set out in William Fitzstephen 's Vita Sancti Thomae ( Life of St. Thomas ) in which Geoffrey of Anjou castrated the members of the cathedral chapter of Sens as
8680-437: The Sharia: the Supreme Constitutional Court of Egypt may invalidate such laws, and in Iran the Guardian Council ensures the compatibility of the legislation with the "criteria of Islam". Prominent examples of legislatures are the Houses of Parliament in London, the Congress in Washington, D.C., the Bundestag in Berlin, the Duma in Moscow, the Parlamento Italiano in Rome and the Assemblée nationale in Paris. By
8804-469: The Song Chinese in 986. Her army defeated them in battle, fighting the retreating Chinese army. She then ordered the castration of around 100 ethnic Chinese boys she had captured in China, supplementing the Khitan's supply of eunuchs to serve at her court, among them was Wang Ji'en . The boys were all under ten years old and were selected for their good looks. The History of Liao 遼史 described and praised Empress Chengtian's capture and mass castration of
8928-430: The U.S. , the two systems were merged . In developing the common law, academic writings have always played an important part, both to collect overarching principles from dispersed case law and to argue for change. William Blackstone , from around 1760, was the first scholar to collect, describe, and teach the common law. But merely in describing, scholars who sought explanations and underlying structures slowly changed
9052-462: The Vietnamese after their ship was blown off course while traveling from Hainan to Guangdong 's Qin subprefecture ( Qinzhou ), after which they ended up near the coast of Vietnam, during the Chenghua Emperor 's rule (1447–1487). Twelve of them were enslaved to work as agricultural laborers, while the youngest, Wu Rui (吳瑞) was selected for castration since he was the only young man and he became
9176-493: The Vietnamese after their ships were blown off course into Vietnam. The Chinese Ministry of Revenue responded by ordering Chinese civilians and soldiers to stop going abroad to foreign countries. China's relations with Vietnam during this period were marked by the punishment of prisoners by castration. A 1499 entry in the Ming Shilu recorded that 13 Chinese men from Wenchang including a young man named Wu Rui were captured by
9300-552: The Vietnamese for castration to become eunuch slaves to the Vietnamese. It has been speculated by modern historians that the Chinese who were captured and castrated by the Vietnamese were involved in trade between China and Vietnam instead of actually being blown off course by the wind and they were punished as part of a crackdown on foreign trade by Vietnam. Several Malay envoys from the Malacca sultanate were attacked and captured in 1469 by
9424-567: The adjudicator is only writing to decide the single case, rather than to set out reasoning that will guide future courts. Common law originated from England and has been inherited by almost every country once tied to the British Empire (except Malta, Scotland , the U.S. state of Louisiana , and the Canadian province of Quebec ). In medieval England during the Norman conquest , the law varied shire-to-shire based on disparate tribal customs. The concept of
9548-722: The age of eight to twelve had their penises and scrota completely amputated. Reportedly, about two out of three boys died, but those who survived drew high prices. The employment or enslavement of eunuchs (castrated men) was practiced in classical and Roman antiquity and continued into the Middle Ages. In the 10th century, slave traders in Verdun in France and in Becâne ( Pechina ), Spain, castrated captives who were then enslaved as harem attendants in Al-Andalus . Edward Gibbon 's Decline and Fall of
9672-575: The defining features of any legal system. Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation —especially codifications in constitutions or statutes passed by government—and custom . Codifications date back millennia, with one early example being the Babylonian Codex Hammurabi . Modern civil law systems essentially derive from legal codes issued by Byzantine Emperor Justinian I in
9796-530: The distinction as the last Prime Minister to have served as Mayor and his premiership is consistently regarded both by scholars and the public to have been below average. Victor Gerard Marie Marijnen was born in Arnhem on 21 February 1917. In 1941 he graduated in law from the Radboud University Nijmegen and went on to work in the accountancy divisions of the Ministry of Agriculture, Nature and Food Quality . In 1945 he
9920-586: The end of the Ming dynasty, there were about 70,000 eunuchs (宦官 huànguān , or 太監 tàijiàn ) employed by the emperor, with some serving inside the Forbidden City . The last imperial eunuch in China was Sun Yaoting who died in 1996. The Khitan people adopted the practice of using eunuchs from the Chinese and the eunuchs used were non-Khitan prisoners of war. The Khitan were a nomadic Mongolic people and originally did not have eunuchs as part of their culture. When
10044-406: The executive acts as both head of state and head of government, and has power to appoint an unelected cabinet. Under a presidential system, the executive branch is separate from the legislature to which it is not accountable. Although the role of the executive varies from country to country, usually it will propose the majority of legislation, and propose government agenda. In presidential systems,
10168-448: The executive often has the power to veto legislation. Most executives in both systems are responsible for foreign relations , the military and police, and the bureaucracy. Ministers or other officials head a country's public offices, such as a foreign ministry or defence ministry . The election of a different executive is therefore capable of revolutionising an entire country's approach to government. Castration Castration
10292-870: The golden age of Roman law and aimed to restore it to the peak it had reached three centuries before." The Justinian Code remained in force in the East until the fall of the Byzantine Empire . Western Europe, meanwhile, relied on a mix of the Theodosian Code and Germanic customary law until the Justinian Code was rediscovered in the 11th century, which scholars at the University of Bologna used to interpret their own laws. Civil law codifications based closely on Roman law, alongside some influences from religious laws such as canon law , continued to spread throughout Europe until
10416-644: The history of warfare, sometimes used by one side to torture or demoralize their enemies. Over the 13 centuries of the Arab slave trade in Africa, unknown numbers of Africans were enslaved and shipped to the Middle East. "The Caliphate in Baghdad at the beginning of the 10th Century had 7,000 black eunuchs and 4,000 white eunuchs in his palace." The Arab slave trade typically dealt in the sale of castrated male slaves. Black boys at
10540-524: 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 all of the political experience. Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fiction in The Concept of Law . Hart argued law
10664-428: The ideal of parliamentary sovereignty , whereby the unelected judiciary may not overturn law passed by a democratic legislature. In communist states , such as China, the courts are often regarded as parts of the executive, or subservient to the legislature; governmental institutions and actors exert thus various forms of influence on the judiciary. In Muslim countries, courts often examine whether state laws adhere to
10788-650: The king and other royalty in traditional Korean society. The first recorded appearance of a Korean eunuch was in Goryeosa ("History of Goryeo"), a compilation about the Goryeo period. In 1392, with the founding of the Joseon dynasty , the Naesi system was revised, and the department was renamed the "Department of Naesi " (내시부, 內侍府). The Naesi system included two ranks, those of Sangseon (상선, 尙膳, "Chief of Naesi "), who held
10912-564: The last few decades. It is a real unity of them all in one and the same person, made by covenant of every man with every man, in such manner as if every man should say to every man: I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou givest up, thy right to him, and authorise all his actions in like manner. Thomas Hobbes, Leviathan , XVII The main institutions of law in industrialised countries are independent courts , representative parliaments, an accountable executive,
11036-446: The law more difficult. A government usually leads the process, which can be formed from Members of Parliament (e.g. the UK or Germany). However, in a presidential system, the government is usually formed by an executive and his or her appointed cabinet officials (e.g. the United States or Brazil). The executive in a legal system serves as the centre of political authority of the State . In
11160-622: The law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law. The scope of law can be divided into two domains: public law concerns government and society, including constitutional law , administrative law , and criminal law ; while private law deals with legal disputes between parties in areas such as contracts , property , torts , delicts and commercial law . This distinction
11284-731: The law. The former are legal syllogism , which holds sway in civil law legal systems, analogy , which is present in common law legal systems, especially in the US, and argumentative theories that occur in both systems. The latter are different rules (directives) of legal interpretation such as directives of linguistic interpretation, teleological interpretation or systemic interpretation as well as more specific rules, for instance, golden rule or mischief rule . There are also many other arguments and cannons of interpretation which altogether make statutory interpretation possible. Law professor and former United States Attorney General Edward H. Levi noted that
11408-577: The laws of the State, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. From 529 to 534 AD the Byzantine Emperor Justinian I codified and consolidated Roman law up until that point, so that what remained was one-twentieth of the mass of legal texts from before. This became known as the Corpus Juris Civilis . As one legal historian wrote, "Justinian consciously looked back to
11532-426: The legal profession is an important part of people's access to justice , whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law's political basis. A judiciary is a number of judges mediating disputes to determine outcome. Most countries have systems of appeal courts, with an apex court as the ultimate judicial authority. In the United States, this authority
11656-472: 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, the legal systems of many Muslim countries draw upon both civil and common law traditions as well as Islamic law and custom. The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia. Saudi Arabia recognises
11780-510: The military and police, bureaucratic organisation, the legal profession and civil society itself. John Locke, in his Two Treatises of Government , and Baron de Montesquieu in The Spirit of the Laws , advocated for a separation of powers between the political, legislature and executive bodies. Their principle was that no person should be able to usurp all powers of the state , in contrast to
11904-669: The most influential. In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. EU law is codified in treaties, but develops through de facto precedent laid down by the European Court of Justice . Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice. The Arthashastra , probably compiled around 100 AD (although it contains older material), and
12028-505: The necessary elements: courts , lawyers , judges, a fully articulated legal code, principles of legal interpretation, and coercive penalties, though it lacks civilly-binding force in most secular jurisdictions. 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 a first attempt at codifying elements of Sharia law. Since
12152-538: The notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas , notably his Treatise on Law . Hugo Grotius , the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature". Jeremy Bentham and his student Austin, following David Hume , believed that this conflated
12276-481: The official title of senior second rank, and Naegwan (내관, 內官, "Common official naesi "), both of which held rank as officers. 140 naesi in total served the palace in Joseon dynasty period. They also took the exam on Confucianism every month. The naesi system was repealed in 1894 following Gabo reform . According to legend, castration consisted of daubing a boy's genitals with human feces and having
12400-675: The option of serving as a eunuch official or serving the palace women when he became ten years old. This law was put in place in 1838 during the Nguyễn dynasty. The only males allowed inside the Forbidden City at Huế were the Emperor and his eunuchs. The presence of eunuchs in Vietnam was used by the French colonizers to degrade the Vietnamese. In 1778, Thomas Jefferson wrote a bill in Virginia reducing
12524-557: The palaces and power. In other cases, they might be paid to become eunuchs. They served in many capacities, from supervising public works, to investigating crimes, to reading public proclamations. Lý Thường Kiệt was a prominent eunuch general during the Lý dynasty (1009–1225). The Trần dynasty sent Vietnamese boy eunuchs as tribute to Ming dynasty China several times, in 1383, 1384 and 1385 Nguyen Dao, Nguyen Toan, Tru Ca, and Ngo Tin were among several Vietnamese eunuchs sent to China. During
12648-510: The police. In the De Quay cabinet , Marijnen was Minister of Agriculture and Fisheries . He served as Prime Minister of the Netherlands from 24 July 1963 until 14 April 1965. The natural gas reserves, recently found in Slochteren were a considerable boost for the economy. This, combined with labour shortage led to a rise in wages and the attraction of foreign workers. Despite this being
12772-564: The positivist tradition in his book the Pure Theory of Law . Kelsen believed that although law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. While laws are positive "is" statements (e.g. the fine for reversing on a highway is €500); law tells us what we "should" do. Thus, each legal system can be hypothesised to have a ' basic norm ' ( German : Grundnorm ) instructing us to obey. Kelsen's major opponent, Carl Schmitt , rejected both positivism and
12896-483: The positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an " interpretive concept" that requires judges to find the best fitting and most just solution to a legal dispute, given their Anglo-American constitutional traditions. Joseph Raz , on the other hand, defended the positivist outlook and criticised Hart's "soft social thesis" approach in The Authority of Law . Raz argues that law
13020-416: The principle of representative government people vote for politicians to carry out their wishes. Although countries like Israel, Greece, Sweden and China are unicameral , most countries are bicameral , meaning they have two separately appointed legislative houses. In the 'lower house' politicians are elected to represent smaller constituencies . The 'upper house' is usually elected to represent states in
13144-516: The production of hormones , such as testosterone and estrogen . Surgical castration in animals is often called neutering . Castration of animals is intended to favor a desired development of the animal or of its habits, as an anaphrodisiac or to prevent overpopulation . The parallel of castration for female animals is spaying . Castration may also refer medically to oophorectomy in female humans and animals. The term castration may also be sometimes used to refer to emasculation where both
13268-438: The punishment for rape, polygamy, or sodomy from death to castration. Over the years, several U.S. states have passed laws regarding chemical castration for sex offenders but not one state has mandatory castration. In 2016, Alabama lawmaker Steve Hurst proposed a bill requiring certain sex offenses to require the perpetrator be castrated prior to their release from state custody. A 1969 study found that men institutionalized at
13392-469: The question of the extent to which law incorporates morality. John 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". Natural lawyers , on the other hand, such as Jean-Jacques Rousseau , argue that law reflects essentially moral and unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in connection with
13516-505: The reign of the legendary Emperor Shun and Yu in China, in 2281 BC, castration was passed into law as a punishment, remaining so until the reign of Gaozu of Tang (618–626 AD). However, it was still practiced after his reign. According to historians, it was incorporated into Chinese law during the Zhou dynasty. It was one of the five physical punishments that could be legally inflicted on criminals in China. Records of castrations in China date to
13640-495: The same facility in Kansas lived an extra 14 years, on average, if they were castrated. In 1983, Judge C. Victor Pyle sentenced three men convicted of rape to choose between 30 years in prison or castration. The South Carolina Supreme Court ruled that the castration option would be cruel, however, and the men were sentenced to prison. Chemical or surgical castration is practiced in many countries for people convicted of sex crimes as
13764-457: The second cabinet without socialist Labour Party , the building up of a welfare state , that was started after World War II , continued with the introduction of minimum wages in 1964 and the national health service . In 1965, measures were taken against commercial television stations transmitting from the North Sea . The cabinet finally fell over the issue if commercial TV should be allowed in
13888-512: The severing of one's entire genitalia. Both organs were cut off with a knife at the same time. Men were castrated and made into state slaves during the Qin dynasty (221–206 BC) to perform forced labor for projects such as the Terracotta Army . The Qin government confiscated the property and enslaved the families of rapists who received castration as a punishment. Men punished with castration during
14012-402: The sharing of many features traditionally considered typical of either common law or civil law. The third type of legal system is religious law, based on scriptures . The specific system that a country is ruled by is often determined by its history, connections with other countries, or its adherence to international standards. The sources that jurisdictions adopt as authoritatively binding are
14136-454: The split between Chiang Kai-shek 's nationalists, who fled there, and Mao Zedong 's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law , which essentially prioritises administrative law at the expense of private law rights. Due to rapid industrialisation, today China is undergoing
14260-549: The testicles and the penis are removed together. In some cultures, and in some translations, no distinction is made between the two. Castration may have arisen in the Neolithic period in response to animal husbandry, rising populations and population specialisation. Either surgical removal of both testicles or chemical castration may be carried out in the case of prostate cancer . Testosterone -depletion treatment (either surgical removal of both testicles or chemical castration)
14384-614: The way the law actually worked. Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Sharia —both of which translate as the "path to follow". Christian canon law also survives in some church communities. Often the implication of religion for law is unalterability because the word of God cannot be amended or legislated against by judges or governments. Nonetheless, most religious jurisdictions rely on further human elaboration to provide for thorough and detailed legal systems. For instance,
14508-418: The word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is also equally obvious that the struggle to define that word should not ever be abandoned. It is possible to take the view that there is no need to define the word "law" (e.g. "let's forget about generalities and get down to cases "). One definition
14632-583: Was asked to lead a new cabinet and following a successful cabinet formation formed the Marijnen cabinet and became Prime Minister of the Netherlands , taking office on 24 July 1963. The cabinet fell just 19 months into its term and he was not offered a post in the new cabinet. Marijnen left office upon the installation of the Cals cabinet on 14 April 1965 but returned as a member of the House of Representatives , serving as
14756-665: Was chairman of a children's home in Gelderland where children, including Henk Heithuis , were sexually abused by priests. According to the Telegraph newspaper, reporting in March 2012, he "intervened to have prison sentences dropped against several priests convicted of abusing children." The Dutch Catholic Church organised the castration of Heithuis while he lived at the Gelderland children's home in 1956 after he reported being sexually abused to
14880-467: 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. Over time, courts of equity developed solid principles , especially under Lord Eldon . In the 19th century in England, and in 1937 in
15004-490: Was formed so that merchants could trade with common standards of practice rather than with the many splintered facets of local laws. The Law Merchant, a precursor to modern commercial law, emphasised the freedom to contract and alienability of property. As nationalism grew in the 18th and 19th centuries, the Law Merchant was incorporated into countries' local law under new civil codes. The Napoleonic and German Codes became
15128-461: Was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were highly sophisticated. Over the centuries between the rise and decline of the Roman Empire , law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I . Although codes were replaced by custom and case law during
15252-799: Was seconded to the Council for the Restitution of Legal Rights. In 1949 Marijnen became secretary of the Agricultural Society and in 1951 Secretary-General of the Foreign Agricultural Trade Department of the Ministry of Agriculture, Nature and Food Quality . From 1957 he was secretary of the General Catholic Employers Association and the Catholic Federation of Employers Associations. In 1956 Marijnen
15376-549: Was sent to Beijing to work as a eunuch in the palace. The Đại Việt sử ký toàn thư records that in 1467 in An Bang province of Dai Viet (now Quảng Ninh Province ) a Chinese ship blew off course onto the shore. The Chinese were detained and not allowed to return to China as ordered by Le Thanh Tong. This incident may be the same one where Wu Rui was captured. In the Nguyễn dynasty the poet Hồ Xuân Hương mocked eunuchs in her poem as
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