De jure

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In law and government, de jure ( /dˈʊəri,di-/ day JOOR-ee, dee -; Latin : de iure [deː ˈjuːrɛ] , "by law") describes practices that are legally recognised, regardless whether the practice exists in reality. [1] In contrast, de facto ("in fact") describes situations that exist in reality, even if not legally recognised. [2] The terms are often used to contrast different scenarios: for a colloquial example, "I know that, de jure, this is supposed to be a parking lot, but now that the flood has left four feet of water here, it's a de facto swimming pool". [3] To further explain, even if the signs around the flooded parking lot say "Parking Lot" (the signs effectively being the "law" determining what it is) it is "in fact" a swimming pool (with the water, the current practical circumstances, determining what it is).

Law System of rules and guidelines, generally backed by governmental authority

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the science of justice" and "the art of justice". Law regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.

A government is the system or group of people governing an organized community, often a state.

Contents

Examples

It is possible to have multiple simultaneous conflicting (de jure) legalities, possibly none of which is in force (de facto). After seizing power in 1526, Ahmad ibn Ibrahim al-Ghazi made his brother, Umar Din, the lawful (de jure) Sultan of Adal. Ahmad, however, was in practice (de facto) the actual Sultan, and his brother was a figurehead. [4] Between 1805 and 1914, the ruling dynasty of Egypt ruled as de jure viceroys of the Ottoman Empire, but acted as de facto independent rulers who maintained a polite fiction of Ottoman suzerainty. However, from about 1882, the rulers had only de jure rule over Egypt, as it had by then become a British puppet state. Thus, Egypt was by Ottoman law de jure a province of the Ottoman Empire, but de facto was part of the British Empire. [5]

Ahmad ibn Ibrahim al-Ghazi Imam and General of the Adal Sultanate

Ahmad ibn Ibrahim al-Ghazi "the Conqueror" was an Imam and General of the Adal Sultanate who fought against the Abyssinian empire. With the help of an army mainly composed of Somalis, the Harla people, Afars, Hararis and a small number of Arabs and Ottoman Turks, Imam Ahmad, embarked on a conquest which brought three-quarters of Abyssinia under the power of the Muslim Sultanate of Adal during the Abyssinian-Adal War from 1529-43.

Umar Din was a Sultan of the Sultanate of Adal. He was the brother of Ahmad ibn Ibrahim al-Ghazi.

Sultan noble title with several historical meanings

Sultan is a position with several historical meanings. Originally, it was an Arabic abstract noun meaning "strength", "authority", "rulership", derived from the verbal noun سلطة sulṭah, meaning "authority" or "power". Later, it came to be used as the title of certain rulers who claimed almost full sovereignty in practical terms, albeit without claiming the overall caliphate, or to refer to a powerful governor of a province within the caliphate. The adjective form of the word is "sultanic", and the dynasty and lands ruled by a sultan are referred to as a sultanate.

In U.S. law, particularly after Brown v. Board of Education (1954), the difference between de facto segregation (segregation that existed because of the voluntary associations and neighborhoods) and de jure segregation (segregation that existed because of local laws that mandated the segregation) became important distinctions for court-mandated remedial purposes. [6]

Law of the United States Overview of United States law

The law of the United States comprises many levels of codified and uncodified forms of law, the supreme of which is the United States Constitution, the foundation of the federal government of the United States. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law.

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision of the U.S. Supreme Court in which the Court ruled that American state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality. Handed down on May 17, 1954, the Court's unanimous (9–0) decision stated that "separate educational facilities are inherently unequal," and therefore violate the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. However, the decision's 14 pages did not spell out any sort of method for ending racial segregation in schools, and the Court's second decision in Brown II only ordered states to desegregate "with all deliberate speed".

See also

The doctrine of implied repeal is a concept in constitutional theory which states that where an Act of Parliament or an Act of Congress conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act become legally inoperable. This doctrine is expressed in the Latin phrase "leges posteriores priores contrarias abrogant".

Related Research Articles

Abbas II of Egypt Khedive of Egypt and Sudan

Abbas II Helmy Bey was the last Khedive of Egypt and Sudan, ruling from 8 January 1892 to 19 December 1914. In 1914, after the Ottoman Empire joined the Central Powers in World War I, the nationalist Khedive was removed by the British, then ruling Egypt, in favor of his more pro-British uncle, Hussein Kamel, marking the de jure end of Egypt's four-century era as a province of the Ottoman Empire, which had begun in 1517.

Ottoman Empire Former empire in Southeast Europe, Western Asia and North Africa

The Ottoman Empire, Devlet-i ʿAlīye-i ʿOsmānīye, literally "The Exalted Ottoman State"; Modern Turkish: Osmanlı İmparatorluğu or Osmanlı Devleti; French: Empire ottoman), known in Western Europe as the Turkish Empire or simply Turkey, was a state and caliphate that controlled much of Southeast Europe, Western Asia and North Africa between the 14th and early 20th centuries. It was founded at the end of the 13th century in northwestern Anatolia in the town of Söğüt by the Oghuz Turkish tribal leader Osman I. Although initially the dynasty was of Turkic origin, it was Persianised in terms of language, culture, literature and habits. After 1354, the Ottomans crossed into Europe, and with the conquest of the Balkans, the Ottoman beylik was transformed into a transcontinental empire. The Ottomans ended the Byzantine Empire with the 1453 conquest of Constantinople by Mehmed the Conqueror.

In law, government and official unit, the term de facto describes practices that exist in reality, even though they are not officially recognized by laws. It is commonly used to refer to what happens in practice, in contrast with de jure, which refers to things that happen according to law.

Mamluk Muslim slave soldiers

Mamluk is an Arabic designation for slaves. The term is most commonly used to refer to non-muslim slave soldiers and Muslim rulers of slave origin.

Treaty of Berlin (1878) a peace treaty signed on 13 July 1878

The Treaty of Berlin was signed on 13 July 1878. In the aftermath of the Russian victory against the Ottoman Empire in the Russo-Turkish War of 1877–1878, the major powers restructured the map of the Balkan region. They reversed some of the extreme gains claimed by Russia in the preliminary Treaty of San Stefano, but the Ottomans lost their major holdings in Europe. It was one of three major peace agreements in the period after the 1815 Congress of Vienna. It was the final act of the Congress of Berlin and included Great Britain and Ireland, Austria-Hungary, France, Germany, Italy, Russia and the Ottoman Empire. Germany's Otto von Bismarck was the chairman and dominant personality.

Khedive noble title of the Ottoman Empire

The term Khedive is a title largely equivalent to the English word "servicemen" or possibly viceroy. It was first used, without official recognition, by Muhammad Ali Pasha, the governor of Egypt and Sudan, and vassal of the Ottoman Empire. The initially self-declared title was officially recognized by the Ottoman government in 1867, and used subsequently by Ismail Pasha, and his dynastic successors until 1914.

The Ottoman Empire developed over the centuries a complex organization of government with the Sultan as the supreme ruler of a centralized government that had an effective control of its provinces, officials and inhabitants. Wealth and rank could be inherited but were just as often earned. Positions were perceived as titles such as viziers and aghas. Military service was a key to advancement in the hierarchy.

Caliphate Islamic form of government

A caliphate is an Islamic state under the leadership of an Islamic steward with the title of caliph, a person considered a political-religious successor to the Islamic prophet Muhammad and a leader of the entire ummah. Historically, the caliphates were polities based in Islam which developed into multi-ethnic trans-national empires. During the medieval period, three major caliphates succeeded each other: the Rashidun Caliphate (632–661), the Umayyad Caliphate (661–750) and the Abbasid Caliphate (750–1258). In the fourth major caliphate, the Ottoman Caliphate, the rulers of the Ottoman Empire claimed caliphal authority from 1517. During the history of Islam, a few other Muslim states, almost all hereditary monarchies, have claimed to be caliphates.

A Grand Mufti is the leading mufti of a state. The office originated in the early modern era in the Ottoman empire and has been later adopted in a number of modern countries.

Sultan of Egypt

Sultan of Egypt was the status held by the rulers of Egypt after the establishment of the Ayyubid dynasty of Saladin in 1174 until the Ottoman conquest of Egypt in 1517. Though the extent of the Egyptian Sultanate ebbed and flowed, it generally included Sham and Hejaz, with the consequence that the Ayyubid and later Mamluk sultans were also regarded as the Sultans of Syria. From 1914, the title was once again used by the heads of the Muhammad Ali dynasty of Egypt and Sudan, later being replaced by the title of King of Egypt and Sudan in 1922.

Firman

A firman, or ferman (Turkish), at the constitutional level, was a royal mandate or decree issued by a sovereign in an Islamic state, namely the Ottoman Empire. During various periods they were collected and applied as traditional bodies of law. The word firman comes from Persian فرمان meaning "decree" or "order".

Harem Womens quarters in the traditional house of a Muslim family

Harem, also known as zenana in the Indian subcontinent, properly refers to domestic spaces that are reserved for the women of the house in a Muslim family. This private space has been traditionally understood as serving the purposes of maintaining the modesty, privilege, and protection of women. A harem may house a man's wife — or wives and concubines, as in royal harems of the past — their pre-pubescent male children, unmarried daughters, female domestic workers, and other unmarried female relatives. In former times some harems were guarded by eunuchs who were allowed inside. The structure of the harem and the extent of monogamy or polygamy has varied depending on the family's personalities, socio-economic status, and local customs. Similar institutions have been common in other Mediterranean and Middle Eastern civilizations, especially among royal and upper-class families, and the term is sometimes used in other contexts.

Oruç Reis Native of Mitylene; turned corsair; became sovereign of Algiers

Oruç Reis was an Ottoman bey (governor) of Algiers and beylerbey of the West Mediterranean, and the elder brother of Hayreddin Barbarossa. He was born on the Ottoman island of Midilli and was killed in battle against the Spanish at Tlemcen in the Ottoman Eyalet of Algeria.

Sidon Eyalet Ottoman province

The Eyalet of Sidon was an eyalet of the Ottoman Empire. In the 19th century, the eyalet extended from the border with Egypt to the Bay of Kesrouan, including parts of modern Israel and Lebanon.

Vassal States were a number of tributary or vassal states, usually on the periphery of the Ottoman Empire under suzerainty of the Porte, over which direct control was not established, for various reasons.

Mamluk dynasty (Iraq)

The Mamluk dynasty of Iraq was a dynasty which ruled over Iraq in the 18th and early 19th centuries.

Rami Mehmed Pasha (1645–1706) was an Ottoman statesman and poet who served as Grand Vizier (1703) and governor of Cyprus and of Egypt (1704–06). He was known as a poet of divan literature.

Qanun is an Arabic word. It can refer to laws established by Muslim sovereigns, in particular the body of administrative, economic and criminal law promulgated by Ottoman sultans, in contrast to sharia, the body of law elaborated by Muslim jurists. It is thus frequently translated as "dynastic law". The idea of kanun first entered the Muslim World in the thirteenth century, as it was borrowed from the Mongol Empire in the aftermath of their invasions. The 10th sultan of the Ottoman Empire, Suleiman was known in the Ottoman Empire as Suleiman Kanuni, due to his code of laws.

The Ottoman Empire was governed by different sets of laws during its existence. The Kanun, a secular legal system, co-existed with religious law or Hanafi school of Islamic jurisprudence. Legal administration in the Ottoman Empire was part of a larger scheme of balancing central and local authority. Ottoman power revolved crucially around the administration of the rights to land, which gave a space for the local authority develop the needs of the local millet. The jurisdictional complexity of the Ottoman Empire was aimed to permit the integration of culturally and religiously different groups.

References

  1. "de jure". Dictionary.com. Dictionary.com, LLC. Retrieved 11 July 2016.
  2. "Definition of 'de facto' adjective from the Oxford Advanced Learner's Dictionary". OxfordLearnersDictionaries.com. Oxford University Press. Retrieved 11 July 2016.
  3. "Legal English: "De Facture/De Jure"". @WashULaw. Washington University School of Law. 28 December 2012. Retrieved 11 July 2016.
  4. "Aḥmad Grāñ - Somalian Muslim leader". Encyclopædia Britannica, Inc. Britannica.com. Retrieved 11 July 2016.
  5. Mak, Lanver (2012-03-15). The British in Egypt: Community, Crime and Crises 1882-1922. I.B.Tauris. ISBN   9781848857094.
  6. James Anderson; Dara N. Byrne (29 April 2004). The Unfinished Agenda of Brown V. Board of Education. Diverse: Issues In Higher Education. pp. 55–. ISBN   978-0-471-64926-7.