Prize (law)

Prize [pɹɑɪz] is a term used in admiralty law to refer to equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of prize in this sense is the capture of an enemy ship and its cargo as a prize of war. In the past, the capturing force would commonly be allotted a share of the worth of the captured prize. Nations often granted letters of marque that would entitle private parties to capture enemy property, usually ships. Once the ship was secured on friendly territory, it would be made the subject of a prize case, an in rem proceeding in which the court determined the status of the condemned property and the manner in which it was to be disposed of.

History and sources of prize law

At the outset, prize taking was all smash and grab "like breaking a jeweler's window," but by the fifteenth century a body of guiding rules, the maritime law of nations, had begun to evolve. Grotius's seminal treatise on international law published in 1604 called De Iure Praedae Commentarius (Commentary on the Law of Prize and Booty) (of which Chapter 12, "Mare Liberum" inter alia founded the doctrine of freedom of the seas) was an advocate's brief justifying Dutch seizures of Spanish and Portuguese shipping. Grotius defends the practice of taking prizes as not merely traditional or customary but just. His Commentary points out that the etymology of the name of the Greek war god Ares was the verb "to seize;" that the law of nations had deemed looting enemy property legal since the beginning of Western recorded history in Homeric times.

Law

Law is a system of rules that are enforced through social institutions to govern behavior. Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding 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 general distinction can be made between (a) civil law jurisdictions (including Catholic canon law and socialist law), in which the legislature or other central body codifies and consolidates their laws, and (b) common law systems, where judge-made precedent is accepted as binding law. Historically, religious laws played a significant role even in settling of secular matters, which is still the case in some religious communities, particularly Jewish, and some countries, particularly Islamic. Islamic Sharia law is the world's most widely used religious law.

Law (disambiguation)

Law is a set of norms, which can be seen both in a sociological and in a philosophical sense.

Law, LAW, or laws may also refer to:

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Canon law

Canon law is the body of laws and regulations made by ecclesiastical authority (Church leadership), for the government of a Christian organization or church and its members. It is the internal ecclesiastical law governing the Catholic Church (both Latin Church and Eastern Catholic Churches), the Eastern and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law 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.

Etymology

Greek kanon / Ancient Greek: κανών,Arabic Qanun / قانون, Hebrew kaneh / קנה, "straight"; a rule, code, standard, or measure; the root meaning in all these languages is "reed" (cf. the Romance-language ancestors of the English word "cane").

Canons of the Apostles

The Apostolic Canons or Ecclesiastical Canons of the Same Holy Apostles is a collection of ancient ecclesiastical decrees (eighty-five in the Eastern, fifty in the Western Church) concerning the government and discipline of the Early Christian Church, incorporated with the Apostolic Constitutions which are part of the Ante-Nicene Fathers In the fourth century the First Council of Nicaea (325) calls canons the disciplinary measures of the Church: the term canon, κανὠν, means in Greek, a rule. There is a very early distinction between the rules enacted by the Church and the legislative measures taken by the State called leges, Latin for laws.