Fashion ▪ Cosmetics ▪ Jewelry ▪ Home ▪ Culinary ▪ Children ▪ Health ▪ Electronics ▪ Sport ▪ Travel ▪ Auto ▪ Finance ▪ Software ▪ Hobby ▪ Education ▪ Books ▪ Gifts ▪ Religion
© 1996-2017 MAGIA Internet Studio ▪ Portfolio ▪ Photos ▪ Hosting ▪ Hotels ▪ Advertise
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that 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 general distinction can be made between (a) civil law jurisdictions, in which a 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, and is still used in some religious communities. Islamic Sharia law is the world's most widely used religious law, and is used as the primary legal system in some countries, such as Iran and Saudi Arabia.
The adjudication of the law is generally divided into two main areas. Criminal law deals with conduct that is considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with the resolution of lawsuits (disputes) between individuals or organizations.
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.
Numerous definitions of law have been put forward over the centuries. The Third New International Dictionary from Merriam-Webster defines law as: "Law is a binding custom or practice of a community; a rule or mode of conduct or action that is prescribed or formally recognized as binding by a supreme controlling authority or is made obligatory by a sanction (as an edict, decree, rescript, order, ordinance, statute, resolution, rule, judicial decision, or usage) made, recognized, or enforced by the controlling authority."
The Dictionary of the History of Ideas published by Scribner's in 1973 defined the concept of law accordingly as: "A legal system is the most explicit, institutionalized, and complex mode of regulating human conduct. At the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are also of great importance."
There have been several attempts to produce "a universally acceptable definition of law". In 1972, one source indicated 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 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").
The history of law links closely to the development of civilization. Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code that was probably broken into twelve books. It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By 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 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 the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. 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 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 the Dark Ages, Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts. 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 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 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 the 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 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. This Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire. Malaysia, Brunei, Singapore and Hong Kong also adopted the common law. 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 bits of 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 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 inflates administrative law at the expense of private law rights. Due to rapid industrialisation, today China is undergoing 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 Organisation.
The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?", while analytic jurisprudence asks "what is law?" 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 side, 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 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 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 labelled as "moral" or "immoral".
In 1934, the Austrian philosopher Hans Kelsen continued 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 (Grundnorm) instructing us to obey. Kelsen's major opponent, Carl Schmitt, rejected both positivism and 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 political experience.
Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fictions in The Concept of Law. Hart argued law 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 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 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 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 are best left to sociology, rather than jurisprudence.
One definition is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. In The Concept of Law Hart argued law is a "system of rules"; Austin said law was "the command of a sovereign, backed by the threat of a sanction"; Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire; and Raz argues law is an "authority" to mediate people's interests. Holmes said "The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law." In his Treatise on Law 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.
In the 18th century Adam Smith presented a philosophical foundation for explaining the relationship between law and economics. The discipline arose partly out of a critique of trade unions and U.S. antitrust law. The most influential proponents, such as Richard Posner and Oliver Williamson and the so-called Chicago School of economists and lawyers including Milton Friedman and Gary Becker, are generally advocates of deregulation and privatisation, and are hostile to state regulation or what they see as restrictions on the operation of free markets.
The most prominent economic analyst of law is 1991 Nobel Prize winner Ronald Coase, whose first major article, The Nature of the Firm (1937), argued that the reason for the existence of firms (companies, partnerships, etc.) is the existence of transaction costs. Rational individuals trade through bilateral contracts on open markets until the costs of transactions mean that using corporations to produce things is more cost-effective. His second major article, The Problem of Social Cost (1960), argued that if we lived in a world without transaction costs, people would bargain with one another to create the same allocation of resources, regardless of the way a court might rule in property disputes. Coase used the example of a nuisance case named Sturges v Bridgman, where a noisy sweetmaker and a quiet doctor were neighbours and went to court to see who should have to move. Coase said that regardless of whether the judge ruled that the sweetmaker had to stop using his machinery, or that the doctor had to put up with it, they could strike a mutually beneficial bargain about who moves that reaches the same outcome of resource distribution. Only the existence of transaction costs may prevent this. So the law ought to pre-empt what would happen, and be guided by the most efficient solution. The idea is that law and regulation are not as important or effective at helping people as lawyers and government planners believe. Coase and others like him wanted a change of approach, to put the burden of proof for positive effects on a government that was intervening in the market, by analysing the costs of action.
Sociology of law is a diverse field of study that examines the interaction of law with society and overlaps with jurisprudence, philosophy of law, social theory and more specialised subjects such as criminology. The institutions of social construction, social norms, dispute processing and legal culture are key areas for inquiry in this knowledge field. Sociology of law is sometimes seen as a sub-discipline of sociology, but its ties to the academic discipline of law are equally strong, and it is best seen as a transdisciplinary and multidisciplinary study focused on the theorisation and empirical study of legal practices and experiences as social phenomena. In the United States the field is usually called law and society studies; in Europe it is more often referred to as socio-legal studies. At first, jurists and legal philosophers were suspicious of sociology of law. Kelsen attacked one of its founders, Eugen Ehrlich, who sought to make clear the differences and connections between positive law, which lawyers learn and apply, and other forms of 'law' or social norms that regulate everyday life, generally preventing conflicts from reaching barristers and courts. Contemporary research in sociology of law is much concerned with the way that law is developing outside discrete state jurisdictions, being produced through social interaction in many different kinds of social arenas, and acquiring a diversity of sources of (often competing or conflicting) authority in communal networks existing sometimes within nation states but increasingly also transnationally.
Around 1900 Max Weber defined his "scientific" approach to law, identifying the "legal rational form" as a type of domination, not attributable to personal authority but to the authority of abstract norms. Formal legal rationality was his term for the key characteristic of the kind of coherent and calculable law that was a precondition for modern political developments and the modern bureaucratic state. Weber saw this law as having developed in parallel with the growth of capitalism. Another leading sociologist, Émile Durkheim, wrote in his classic work The Division of Labour in Society that as society becomes more complex, the body of civil law concerned primarily with restitution and compensation grows at the expense of criminal laws and penal sanctions. Other notable early legal sociologists included Hugo Sinzheimer, Theodor Geiger, Georges Gurvitch and Leon Petrażycki in Europe, and William Graham Sumner in the U.S.
In general, legal systems can be split between civil law and common law systems. The term "civil law" referring to a legal system should not be confused with "civil law" as a group of legal subjects distinct from criminal or public law. A third type of legal system-accepted by some countries without separation of church and state-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 the defining features of any legal system. Yet classification is a matter of form rather than substance, since similar rules often prevail.
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 the legal practice of the 6th-century Eastern Roman Empire whose texts were rediscovered by late medieval Western Europe. 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 the laws of the State, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. From 529–534 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 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, and scholars at the University of Bologna used it 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 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 influenced heavily not only the law systems of the countries in continental Europe (e.g. Greece), but also the Japanese and Korean legal traditions. Today, countries that have civil law systems range from Russia and China to most of Central and Latin America. With the exception of Louisiana's Civil Code, the United States follows the common law system described below.
In common law legal systems, decisions by courts are explicitly acknowledged as "law" on equal footing with statutes adopted through the legislative process and with regulations issued by the executive branch. The "doctrine of precedent", or stare decisis (Latin for "to stand by decisions") means that decisions by higher courts bind lower courts, and future decisions of the same court, 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 the judge or barrister 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, the Norman conquest the law varied-shire-to-shire, based on disparate tribal customs. The concept of a "common law" developed during the reign of Henry II during the late 12th century, when Henry appointed judges that had authority to create an institutionalized 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 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 centralized. In 1297, for instance, while the highest court in France had fifty-one judges, the English Court of Common Pleas had five. This powerful and tight-knit judiciary gave rise to a systematized process of developing common law.
However, the system became overly systematized-overly rigid and inflexible. As a result, as time went on, increasing numbers of citizens petitioned the King to override the common law, and on the King's behalf the Lord Chancellor gave judgment to do what 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 criticized as erratic, that it varied according to the length of the Chancellor's foot. Over time, courts of equity developed solid principles, especially under Lord Eldon. In the 19th century in England, and in 1937 in 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 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"-while 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. However a thorough and detailed legal system generally requires human elaboration. For instance, 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 is a code of Jewish law which summarises some of the Talmud's interpretations. Nevertheless, 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.
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 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 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.
The main institutions of law in industrialised countries are independent courts, representative parliaments, an accountable executive, 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 the absolutist theory of Thomas Hobbes' Leviathan.
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 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, answering up to a supreme legal authority. In the United States, this authority is the Supreme Court; in Australia, the High Court; 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 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 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 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 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 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 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 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 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 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 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, 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, 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.
While military organisations have existed as long as government itself, the idea of a standing police force is a relatively modern concept. For example, Medieval England's system of traveling criminal courts, or assizes, used show trials and public executions to instill communities with fear to maintain control. The first modern police were probably those in 17th-century Paris, in the court of Louis XIV, although the Paris Prefecture of Police claim they were the world's first uniformed policemen.
Max Weber famously argued that the state is that which controls the monopoly on the legitimate use of force. The military and police carry out enforcement at the request of the government or the courts. The term failed state refers to states that cannot implement or enforce policies; their police and military no longer control security and order and society moves into anarchy, the absence of government.
The etymology of "bureaucracy" derives from the French word for "office" (bureau) and the Ancient Greek for word "power" (kratos). Like the military and police, a legal system's government servants and bodies that make up its bureaucracy carry out the directives of the executive. One of the earliest references to the concept was made by Baron de Grimm, a German author who lived in France. In 1765 he wrote,
The real spirit of the laws in France is that bureaucracy of which the late Monsieur de Gournay used to complain so greatly; here the offices, clerks, secretaries, inspectors and intendants are not appointed to benefit the public interest, indeed the public interest appears to have been established so that offices might exist.
Cynicism over "officialdom" is still common, and the workings of public servants is typically contrasted to private enterprise motivated by profit. In fact private companies, especially large ones, also have bureaucracies. Negative perceptions of "red tape" aside, public services such as schooling, health care, policing or public transport are considered a crucial state function making public bureaucratic action the locus of government power.
Writing in the early 20th century, Max Weber believed that a definitive feature of a developed state had come to be its bureaucratic support. Weber wrote that the typical characteristics of modern bureaucracy are that officials define its mission, the scope of work is bound by rules, and management is composed of career experts who manage top down, communicating through writing and binding public servants' discretion with rules.
A corollary of the rule of law is the existence of a legal profession sufficiently autonomous to invoke the authority of the independent judiciary; the right to assistance of a barrister in a court proceeding emanates from this corollary-in England the function of barrister or advocate is distinguished from legal counselor. As the European Court of Human Rights has stated, the law should be adequately accessible to everyone and people should be able to foresee how the law affects them.
In order to maintain professionalism, the practice of law is typically overseen by either a government or independent regulating body such as a bar association, bar council or law society. Modern lawyers achieve distinct professional identity through specified legal procedures (e.g. successfully passing a qualifying examination), are required by law to have a special qualification (a legal education earning the student a Bachelor of Laws, a Bachelor of Civil Law, or a Juris Doctor degree. Higher academic degrees may also be pursued. Examples include a Master of Laws, a Master of Legal Studies, a Bar Professional Training Course or a Doctor of Laws.), and are constituted in office by legal forms of appointment (being admitted to the bar). There are few titles of respect to signify famous lawyers, such as Esquire, to indicate barristers of greater dignity, and Doctor of law, to indicate a person who obtained a PhD in Law.
Many Muslim countries have developed similar rules about legal education and the legal profession, but some still allow lawyers with training in traditional Islamic law to practice law before personal status law courts. In China and other developing countries there are not sufficient professionally trained people to staff the existing judicial systems, and, accordingly, formal standards are more relaxed.
Once accredited, a lawyer will often work in a law firm, in a chambers as a sole practitioner, in a government post or in a private corporation as an internal counsel. In addition a lawyer may become a legal researcher who provides on-demand legal research through a library, a commercial service or freelance work. Many people trained in law put their skills to use outside the legal field entirely.
Significant to the practice of law in the common law tradition is the legal research to determine the current state of the law. This usually entails exploring case-law reports, legal periodicals and legislation. Law practice also involves drafting documents such as court pleadings, persuasive briefs, contracts, or wills and trusts. Negotiation and dispute resolution skills (including ADR techniques) are also important to legal practice, depending on the field.
The Classical republican concept of "civil society" dates back to Hobbes and Locke. Locke saw civil society as people who have "a common established law and judicature to appeal to, with authority to decide controversies between them." German philosopher Georg Wilhelm Friedrich Hegel distinguished the "state" from "civil society" (bürgerliche Gesellschaft) in Elements of the Philosophy of Right.
Hegel believed that civil society and the state were polar opposites, within the scheme of his dialectic theory of history. The modern dipole state–civil society was reproduced in the theories of Alexis de Tocqueville and Karl Marx. Nowadays in post-modern theory civil society is necessarily a source of law, by being the basis from which people form opinions and lobby for what they believe law should be. As Australian barrister and author Geoffrey Robertson QC wrote of international law,
… one of its primary modern sources is found in the responses of ordinary men and women, and of the non-governmental organizations which many of them support, to the human rights abuses they see on the television screen in their living rooms.
Freedom of speech, freedom of association and many other individual rights allow people to gather, discuss, criticise and hold to account their governments, from which the basis of a deliberative democracy is formed. The more people are involved with, concerned by and capable of changing how political power is exercised over their lives, the more acceptable and legitimate the law becomes to the people. The most familiar institutions of civil society include economic markets, profit-oriented firms, families, trade unions, hospitals, universities, schools, charities, debating clubs, non-governmental organisations, neighbourhoods, churches, and religious associations.
All legal systems deal with the same basic issues, but jurisdictions categorise and identify its legal subjects in different ways. A common distinction is that between "public law" (a term related closely to the state, and including constitutional, administrative and criminal law), and "private law" (which covers contract, tort and property). In civil law systems, contract and tort fall under a general law of obligations, while trusts law is dealt with under statutory regimes or international conventions. International, constitutional and administrative law, criminal law, contract, tort, property law and trusts are regarded as the "traditional core subjects", although there are many further disciplines.
International law can refer to three things: public international law, private international law or conflict of laws and the law of supranational organisations.
Constitutional and administrative law govern the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Most jurisdictions, like the United States and France, have a single codified constitution with a bill of rights. A few, like the United Kingdom, have no such document. A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention. A case named Entick v Carrington illustrates a constitutional principle deriving from the common law. Mr Entick's house was searched and ransacked by Sheriff Carrington. When Mr Entick complained in court, Sheriff Carrington argued that a warrant from a Government minister, the Earl of Halifax, was valid authority. However, there was no written statutory provision or court authority. The leading judge, Lord Camden, stated that,
The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole … If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment.
The fundamental constitutional principle, inspired by John Locke, holds that the individual can do anything except that which is forbidden by law, and the state may do nothing except that which is authorised by law. Administrative law is the chief method for people to hold state bodies to account. People can sue an agency, local council, public service, or government ministry for judicial review of actions or decisions, to ensure that they comply with the law, and that the government entity observed required procedure. The first specialist administrative court was the Conseil d'État set up in 1799, as Napoleon assumed power in France.
Criminal law, also known as penal law, pertains to crimes and punishment. It thus regulates the definition of and penalties for offences found to have a sufficiently deleterious social impact but, in itself, makes no moral judgment on an offender nor imposes restrictions on society that physically prevent people from committing a crime in the first place. Investigating, apprehending, charging, and trying suspected offenders is regulated by the law of criminal procedure. The paradigm case of a crime lies in the proof, beyond reasonable doubt, that a person is guilty of two things. First, the accused must commit an act which is deemed by society to be criminal, or actus reus (guilty act). Second, the accused must have the requisite malicious intent to do a criminal act, or mens rea (guilty mind). However, for so called "strict liability" crimes, an actus reus is enough. Criminal systems of the civil law tradition distinguish between intention in the broad sense (dolus directus and dolus eventualis), and negligence. Negligence does not carry criminal responsibility unless a particular crime provides for its punishment.
Examples of crimes include murder, assault, fraud and theft. In exceptional circumstances defences can apply to specific acts, such as killing in self defence, or pleading insanity. Another example is in the 19th-century English case of R v Dudley and Stephens, which tested a defence of "necessity". The Mignonette, sailing from Southampton to Sydney, sank. Three crew members and Richard Parker, a 17-year-old cabin boy, were stranded on a raft. They were starving and the cabin boy was close to death. Driven to extreme hunger, the crew killed and ate the cabin boy. The crew survived and were rescued, but put on trial for murder. They argued it was necessary to kill the cabin boy to preserve their own lives. Lord Coleridge, expressing immense disapproval, ruled, "to preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it." The men were sentenced to hang, but public opinion was overwhelmingly supportive of the crew's right to preserve their own lives. In the end, the Crown commuted their sentences to six months in jail.
Criminal law offences are viewed as offences against not just individual victims, but the community as well. The state, usually with the help of police, takes the lead in prosecution, which is why in common law countries cases are cited as "The People v ..." or "R (for Rex or Regina) v ...". Also, lay juries are often used to determine the guilt of defendants on points of fact: juries cannot change legal rules. Some developed countries still condone capital punishment for criminal activity, but the normal punishment for a crime will be imprisonment, fines, state supervision (such as probation), or community service. Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation, and rehabilitation. On the international field, 111 countries are members of the International Criminal Court, which was established to try people for crimes against humanity.
Contract law concerns enforceable promises, and can be summed up in the Latin phrase pacta sunt servanda (agreements must be kept). In common law jurisdictions, three key elements to the creation of a contract are necessary: offer and acceptance, consideration and the intention to create legal relations. In Carlill v Carbolic Smoke Ball Company a medical firm advertised that its new wonder drug, the smokeball, would cure people's flu, and if it did not, the buyers would get £100. Many people sued for their £100 when the drug did not work. Fearing bankruptcy, Carbolic argued the advert was not to be taken as a serious, legally binding offer. It was an invitation to treat, mere puffery, a gimmick. But the Court of Appeal held that to a reasonable man Carbolic had made a serious offer, accentuated by their reassuring statement, "£1000 is deposited". Equally, people had given good consideration for the offer by going to the "distinct inconvenience" of using a faulty product. "Read the advertisement how you will, and twist it about as you will", said Lord Justice Lindley, "here is a distinct promise expressed in language which is perfectly unmistakable".
"Consideration" indicates the fact that all parties to a contract have exchanged something of value. Some common law systems, including Australia, are moving away from the idea of consideration as a requirement. The idea of estoppel or culpa in contrahendo, can be used to create obligations during pre-contractual negotiations. In civil law jurisdictions, consideration is not required for a contract to be binding. In France, an ordinary contract is said to form simply on the basis of a "meeting of the minds" or a "concurrence of wills". Germany has a special approach to contracts, which ties into property law. Their 'abstraction principle' (Abstraktionsprinzip) means that the personal obligation of contract forms separately from the title of property being conferred. When contracts are invalidated for some reason (e.g. a car buyer is so drunk that he lacks legal capacity to contract) the contractual obligation to pay can be invalidated separately from the proprietary title of the car. Unjust enrichment law, rather than contract law, is then used to restore title to the rightful owner.
Torts, sometimes called delicts, are civil wrongs. To have acted tortiously, one must have breached a duty to another person, or infringed some pre-existing legal right. A simple example might be accidentally hitting someone with a cricket ball. Under the law of negligence, the most common form of tort, the injured party could potentially claim compensation for their injuries from the party responsible. The principles of negligence are illustrated by Donoghue v Stevenson. A friend of Mrs Donoghue ordered an opaque bottle of ginger beer (intended for the consumption of Mrs Donoghue) in a café in Paisley. Having consumed half of it, Mrs Donoghue poured the remainder into a tumbler. The decomposing remains of a snail floated out. She claimed to have suffered from shock, fell ill with gastroenteritis and sued the manufacturer for carelessly allowing the drink to be contaminated. The House of Lords decided that the manufacturer was liable for Mrs Donoghue's illness. Lord Atkin took a distinctly moral approach, and said,
The liability for negligence … is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay … The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.
This became the basis for the four principles of negligence: (1) Mr Stevenson owed Mrs Donoghue a duty of care to provide safe drinks (2) he breached his duty of care (3) the harm would not have occurred but for his breach and (4) his act was the proximate cause of her harm. Another example of tort might be a neighbour making excessively loud noises with machinery on his property. Under a nuisance claim the noise could be stopped. Torts can also involve intentional acts, such as assault, battery or trespass. A better known tort is defamation, which occurs, for example, when a newspaper makes unsupportable allegations that damage a politician's reputation. More infamous are economic torts, which form the basis of labour law in some countries by making trade unions liable for strikes, when statute does not provide immunity.
Property law governs ownership and possession. Real property, sometimes called 'real estate', refers to ownership of land and things attached to it. Personal property, refers to everything else; movable objects, such as computers, cars, jewelry or intangible rights, such as stocks and shares. A right in rem is a right to a specific piece of property, contrasting to a right in personam which allows compensation for a loss, but not a particular thing back. Land law forms the basis for most kinds of property law, and is the most complex. It concerns mortgages, rental agreements, licences, covenants, easements and the statutory systems for land registration. Regulations on the use of personal property fall under intellectual property, company law, trusts and commercial law. An example of a basic case of most property law is Armory v Delamirie . A chimney sweep's boy found a jewel encrusted with precious stones. He took it to a goldsmith to have it valued. The goldsmith's apprentice looked at it, sneakily removed the stones, told the boy it was worth three halfpence and that he would buy it. The boy said he would prefer the jewel back, so the apprentice gave it to him, but without the stones. The boy sued the goldsmith for his apprentice's attempt to cheat him. Lord Chief Justice Pratt ruled that even though the boy could not be said to own the jewel, he should be considered the rightful keeper ("finders keepers") until the original owner is found. In fact the apprentice and the boy both had a right of possession in the jewel (a technical concept, meaning evidence that something could belong to someone), but the boy's possessory interest was considered better, because it could be shown to be first in time. Possession may be nine tenths of the law, but not all.
This case is used to support the view of property in common law jurisdictions, that the person who can show the best claim to a piece of property, against any contesting party, is the owner. By contrast, the classic civil law approach to property, propounded by Friedrich Carl von Savigny, is that it is a right good against the world. Obligations, like contracts and torts, are conceptualised as rights good between individuals. The idea of property raises many further philosophical and political issues. Locke argued that our "lives, liberties and estates" are our property because we own our bodies and mix our labour with our surroundings.
Equity is a body of rules that developed in England separately from the "common law". The common law was administered by judges and barristers. The Lord Chancellor on the other hand, as the King's keeper of conscience, could overrule the judge-made law if he thought it equitable to do so. This meant equity came to operate more through principles than rigid rules. For instance, whereas neither the common law nor civil law systems allow people to split the ownership from the control of one piece of property, equity allows this through an arrangement known as a 'trust'. 'Trustees' control property, whereas the 'beneficial' (or 'equitable') ownership of trust property is held by people known as 'beneficiaries'. Trustees owe duties to their beneficiaries to take good care of the entrusted property. In the early case of Keech v Sandford  a child had inherited the lease on a market in Romford, London. Mr Sandford was entrusted to look after this property until the child matured. But before then, the lease expired. The landlord had (apparently) told Mr Sandford that he did not want the child to have the renewed lease. Yet the landlord was happy (apparently) to give Mr Sandford the opportunity of the lease instead. Mr Sandford took it. When the child (now Mr Keech) grew up, he sued Mr Sandford for the profit that he had been making by getting the market's lease. Mr Sandford was meant to be trusted, but he put himself in a position of conflict of interest. The Lord Chancellor, Lord King, agreed and ordered Mr Sandford should disgorge his profits. He wrote,
I very well see, if a trustee, on the refusal to renew, might have a lease to himself few trust-estates would be renewed … This may seem very hard, that the trustee is the only person of all mankind who might not have the lease; but it is very proper that the rule should be strictly pursued and not at all relaxed.
Of course, Lord King LC was worried that trustees might exploit opportunities to use trust property for themselves instead of looking after it. Business speculators using trusts had just recently caused a stock market crash. Strict duties for trustees made their way into company law and were applied to directors and chief executive officers. Another example of a trustee's duty might be to invest property wisely or sell it. This is especially the case for pension funds, the most important form of trust, where investors are trustees for people's savings until retirement. But trusts can also be set up for charitable purposes, famous examples being the British Museum or the Rockefeller Foundation.
Law spreads far beyond the core subjects into virtually every area of life. Three categories are presented for convenience, though the subjects intertwine and overlap.
|Sources of law||
Law by region
Adobe Photoshop CC 2018 (19.0) running on Windows
|Initial release||19 February 1990; 28 years ago (1990-02-19)|
CC 2018 (18.104.22.1686) / 5 April 2018; 14 days ago (2018-04-05)
|Operating system||Windows and macOS|
|Platform||IA-32 and x86-64|
|Available in||26 languages|
|Type||Raster graphics editor|
Adobe Photoshop is a raster graphics editor developed and published by Adobe Systems for macOS and Windows.
Photoshop was created in 1988 by Thomas and John Knoll. Since then, it has become the de facto industry standard in raster graphics editing, such that the word "photoshop" has become a verb as in "to Photoshop an image," "photoshopping" and "photoshop contest", though Adobe discourages such use. It can edit and compose raster images in multiple layers and supports masks, alpha compositing and several color models including RGB, CMYK, CIELAB, spot color and duotone. Photoshop has vast support for graphic file formats but also uses its own
PSB file formats which support all the aforementioned features. In addition to raster graphics, it has limited abilities to edit or render text, vector graphics (especially through clipping path), 3D graphics and video. Photoshop's feature set can be expanded by Photoshop plug-ins, programs developed and distributed independently of Photoshop that can run inside it and offer new or enhanced features.
Photoshop's naming scheme was initially based on version numbers. However, in October 2002, following the introduction of Creative Suite branding, each new version of Photoshop was designated with "CS" plus a number; e.g., the eighth major version of Photoshop was Photoshop CS and the ninth major version was Photoshop CS2. Photoshop CS3 through CS6 were also distributed in two different editions: Standard and Extended. In June 2013, with the introduction of Creative Cloud branding, Photoshop's licensing scheme was changed to that of software as a service rental model and the "CS" suffixes were replaced with "CC". Historically, Photoshop was bundled with additional software such as Adobe ImageReady, Adobe Fireworks, Adobe Bridge, Adobe Device Central and Adobe Camera RAW.
Alongside Photoshop, Adobe also develops and publishes Photoshop Elements, Photoshop Lightroom, Photoshop Express and Photoshop Touch. Collectively, they are branded as "The Adobe Photoshop Family". It is currently a licensed software.
Photoshop was developed in 1987 by the American brothers Thomas and John Knoll, who sold the distribution license to Adobe Systems Incorporated in 1988. Thomas Knoll, a PhD student at the University of Michigan, began writing a program on his Macintosh Plus to display grayscale images on a monochrome display. This program, called Display, caught the attention of his brother John Knoll, an Industrial Light & Magic employee, who recommended that Thomas turn it into a full-fledged image editing program. Thomas took a six-month break from his studies in 1988 to collaborate with his brother on the program. Thomas renamed the program ImagePro, but the name was already taken. Later that year, Thomas renamed his program Photoshop and worked out a short-term deal with scanner manufacturer Barneyscan to distribute copies of the program with a slide scanner; a "total of about 200 copies of Photoshop were shipped" this way.
During this time, John traveled to Silicon Valley and gave a demonstration of the program to engineers at Apple and Russell Brown, art director at Adobe. Both showings were successful, and Adobe decided to purchase the license to distribute in September 1988. While John worked on plug-ins in California, Thomas remained in Ann Arbor writing code. Photoshop 1.0 was released on 19 February 1990 for Macintosh exclusively. The Barneyscan version included advanced color editing features that were stripped from the first Adobe shipped version. The handling of color slowly improved with each release from Adobe and Photoshop quickly became the industry standard in digital color editing. At the time Photoshop 1.0 was released, digital retouching on dedicated high end systems, such as the Scitex, cost around $300 an hour for basic photo retouching.
|Internet media type||
Photoshop files have default file extension as .PSD, which stands for "Photoshop Document." A PSD file stores an image with support for most imaging options available in Photoshop. These include layers with masks, transparency, text, alpha channels and spot colors, clipping paths, and duotone settings. This is in contrast to many other file formats (e.g., .JPG or .GIF) that restrict content to provide streamlined, predictable functionality. A PSD file has a maximum height and width of 30,000 pixels, and a length limit of two gigabytes.
Photoshop files sometimes have the file extension .PSB, which stands for "Photoshop Big" (also known as "large document format"). A PSB file extends the PSD file format, increasing the maximum height and width to 300,000 pixels and the length limit to around 4 Exabytes. The dimension limit was apparently chosen arbitrarily by Adobe, not based on computer arithmetic constraints (it is not close to a power of two, as is 30,000) but for ease of software testing. PSD and PSB formats are documented.
Because of Photoshop's popularity, PSD files are widely used and supported to some extent by most competing software. The .PSD file format can be exported to and from Adobe's other apps like Adobe Illustrator, Adobe Premiere Pro, and After Effects.
Photoshop functionality can be extended by add-on programs called Photoshop plugins (or plug-ins). Adobe creates some plugins, such as Adobe Camera Raw, but third-party companies develop most plugins, according to Adobe's specifications. Some are free and some are commercial software. Most plugins work with only Photoshop or Photoshop-compatible hosts, but a few can also be run as standalone applications.
There are various types of plugins, such as filter, export, import, selection, color correction, and automation. The most popular plugins are the filter plugins (also known as a 8bf plugins), available under the Filter menu in Photoshop. Filter plugins can either modify the current image or create content. Below are some popular types of plugins, and some well-known companies associated with them:
Adobe Camera Raw (also known as ACR and Camera Raw) is a special plugin, supplied free by Adobe, used primarily to read and process raw image files so that the resultant images can be processed by Photoshop. It can also be used from within Adobe Bridge.
This section may need to be rewritten entirely to comply with Wikipedia's quality standards. You can help. The discussion page may contain suggestions. (July 2012)
Upon loading Photoshop, a sidebar with a variety of tools with multiple image-editing functions appears to the left of the screen. These tools typically fall under the categories of drawing; painting; measuring and navigation; selection; typing; and retouching. Some tools contain a small triangle in the bottom right of the toolbox icon. These can be expanded to reveal similar tools. While newer versions of Photoshop are updated to include new tools and features, several recurring tools that exist in most versions are discussed below.
Photoshop includes a few versions of the pen tool. The pen tool creates precise paths that can be manipulated using anchor points. The free form pen tool allows the user to draw paths freehand, and with the magnetic pen tool, the drawn path attaches closely to outlines of objects in an image, which is useful for isolating them from a background.
The Clone Stamp tool duplicates one part of an image to another part of the same image by way of a brush. The duplication is either in full or in part depending on the mode. The user can also clone part of one layer to another layer. The Clone Stamp tool is useful for duplicating objects or removing a defect in an image.
Photoshop provides an array of shape tools including rectangles, rounded rectangles, ellipses, polygons and lines. These shapes can be manipulated by the pen tool, direct selection tool etc. to make vector graphics.
The eyedropper tool selects a color from an area of the image that is clicked, and samples it for future use. The hand tool navigates an image by moving it in any direction, and the zoom tool enlarges the part of an image that is clicked on, allowing for a closer view.
Selection tools are used to select all or any part of a picture to perform cut, copy, edit, or retouching operations.
The crop tool can be used to select a particular area of an image and discard the portions outside the chosen section. This tool assists in creating a focus point on an image and unnecessary or excess space. Cropping allows enhancement of a photo’s composition while decreasing the file size. The "crop" tool is in the tools palette, which is located on the right side of the document. By placing the cursor over the image, the user can drag the cursor to the desired area. Once the Enter key is pressed, the area outside the rectangle will be cropped. The area outside the rectangle is the discarded data, which allows for the file size to be decreased. The "crop" tool can alternatively be used to extend the canvas size by clicking and dragging outside the existing image borders.
The "slice" and slice select tools, like the crop tool, are used in isolating parts of images. The slice tool can be used to divide an image into different sections, and these separate parts can be used as pieces of a web page design once HTML and CSS are applied. The slice select tool allows sliced sections of an image to be adjusted and shifted.
The move tool can be used to drag the entirety of a single layer or more if they are selected. Alternatively, once an area of an image is highlighted, the move tool can be used to manually relocate the selected piece to anywhere on the canvas.
The marquee is a tool that can make selections that are single row, single column, rectangular and elliptical. An area that has been selected can be edited without affecting the rest of the image. This tool can also crop an image; it allows for better control. In contrast to the crop tool, the "marquee" tool allows for more adjustments to the selected area before cropping. The only marquee tool that does not allow cropping is the elliptical. Although the single row and column marquee tools allow for cropping, they are not ideal, because they only crop a line. The rectangular marquee tool is the preferred option. Once the tool has been selected, dragging the tool across the desired area will select it. The selected area will be outlined by dotted lines, referred to as "marching ants". These dotted lines are called "marching ants", because the dashes look like ants marching around the selected area. To set a specific size or ratio, the tool option bar provides these settings. Before selecting an area, the desired size or ratio must be set by adjusting the width and height. Any changes such as color, filters, location, etc. should be made before cropping. To crop the selection, the user must go to image tab and select crop.
The lasso tool is similar to the "marquee" tool, however, the user can make a custom selection by drawing it freehand. There are three options for the "lasso" tool – regular, polygonal, and magnetic. The regular "lasso" tool allows the user to have drawing capabilities. Photoshop will complete the selection once the mouse button is released. The user may also complete the selection by connecting the end point to the starting point. The "marching ants" will indicate if a selection has been made. The "polygonal lasso" tool will draw only straight lines, which makes it an ideal choice for images with many straight lines. Unlike the regular "lasso" tool, the user must continually click around the image to outline the shape. To complete the selection, the user must connect the end point to the starting point just like the regular lasso tool. "Magnetic lasso" tool is considered the smart tool. It can do the same as the other two, but it can also detect the edges of an image once the user selects a starting point. It detects by examining the color pixels as the cursor move over the desired area. A pixel is the smallest element in an image. Closing the selection is the same as the other two, which should also should display the "marching ants" once the selection has been closed.
The quick selection tool selects areas based on edges, similarly to the magnetic lasso tool. The difference between this tool and the lasso tool is that there is no starting and ending point. For this reason, the selected area can be added onto as much as possible without starting over. By dragging the cursor over the desired area, the quick selection tool detects the edges of the image. The "marching ants" allow the user to know what is currently being selected. Once the user is done, the selected area can be edited without affecting the rest of the image. One of the features that makes this tool especially user friendly is that the SHIFT key is not needed to add more to the selection; by default, extra mouse clicks will be added to the selection rather than creating a new selection.
The magic wand tool selects areas based on pixels of similar values. One click will select all neighboring pixels of similar value within a tolerance level set by the user. If the eyedropper tool is selected in the options bar, then the magic wand can determine the value needed to evaluate the pixels; this is based on the sample size setting in the eyedropper tool. This tool is inferior to the quick selection tool which works much the same but with much better results and more intuitive controls. The user must decide what settings to use or if the image is right for this tool.
The Eraser tool erases content based on the active layer. If the user is on the text layer, then any text across which the tool is dragged will be erased. The eraser will convert the pixels to transparent, unless the background layer is selected. The size and style of the eraser can be selected in the options bar. This tool is unique in that it can take the form of the paintbrush and pencil tools. In addition to the straight eraser tool, there are two more available options – background eraser and magic eraser. The background eraser deletes any part of the image that is on the edge of an object. This tool is often used to extract objects from the background. The magic eraser tool deletes based on similar colored pixels. It is very similar to the magic wand tool. This tool is ideal for deleting areas with the same color or tone that contrasts with the rest of the image.
In Adobe CS5 Extended edition, video editing is comprehensive and efficient with a broad compatibility of video file formats such as MOV, AVIand MPEG-4 formats and easy workflow. Using simple combination of keys video layers can easily be modified, with other features such as adding text and the creation of animations using single images.
With the Extended version of Photoshop CS5, 2D elements of an artwork can easily become three-dimensional with the click of a button. Extrusions of texts, an available library of materials for three-dimensional, and even wrapping two-dimensional images around 3D geometry.
Third-party plugins have also been added to the most recent version of Photoshop where technologies such as the iPad have integrated the software with different types of applications. Applications like the Adobe Eazel painting app allows the user to easily create paintings with their fingertips and use an array of different paint from dry to wet in order to create rich color blending.
With the Camera Raw plug-in, raw images can be processed without the use of Adobe Photoshop Lightroom, along with other image file formats such as JPEGs, TIFFs, or PNGs. The plug-in allows users to remove noise without the side-effect of over-sharpening, add grain, and even perform post-crop vignetting.
Requiring Photoshop version 14.1 or later, users can create and edit designs for 3D printing. After downloading 3D photo models from numerous online services, users can add color, adjust the shape or rotate the angles. Artists can also design 3D models from scratch.
The Color Replacement Tool allows the user to change the color, while maintaining the highlights and shadows of the original image, of pieces of the image. By selecting Brushs and right clicking, the Color Replacement Tool is the third option down. What is important to note with this tool is the foreground color. The foreground color is what will be applied when painting along the chosen part of the image with the Color Replacement tool.
Photoshop and derivatives such as Photoshopped (or just Shopped) have become verbs that are sometimes used to refer to images edited by Photoshop, or any image manipulating program. Such derivatives are discouraged by Adobe because, in order to maintain validity and protect the trademark from becoming generic, trademarks must be used as proper nouns.
This section needs expansion. You can help by adding to it. (February 2013)
Photoshop's naming scheme was initially based on version numbers. Adobe published thirteen versions (major and minor changes) before the October 2003 introduction of Creative Suite branding. In February 2013 Adobe donated the source code of the 1990 1.0.1 version of Photoshop to the Computer History Museum.
The first Photoshop CS was commercially released in October 2003 as the eighth major version of Photoshop. Photoshop CS increased user control with a reworked file browser augmenting search versatility, sorting and sharing capabilities and the Histogram Palette which monitors changes in the image as they are made to the document. Match Color was also introduced in CS, which reads color data to achieve a uniform expression throughout a series of pictures.
Photoshop CS2, released in May 2005, expanded on its predecessor with a new set of tools and features. It included an upgraded Spot Healing Brush, which is mainly used for handling common photographic problems such as blemishes, red-eye, noise, blurring and lens distortion. One of the most significant inclusions in CS2 was the implementation of Smart Objects, which allows users to scale and transform images and vector illustrations without losing image quality, as well as create linked duplicates of embedded graphics so that a single edit updates across multiple iterations.
Adobe responded to feedback from the professional media industry by implementing non-destructive editing as well as the producing and modifying of 32-Bit High Dynamic Range (HDR) images, which are optimal for 3D rendering and advanced compositing. FireWire Previews could also be viewed on a monitor via a direct export feature.
Photoshop CS2 brought the Vanishing Point and Image Warping tools. Vanishing Point makes tedious graphic and photo retouching endeavors much simpler by letting users clone, paint and transform image objects while maintaining visual perspective. Image Warping makes it easy to digitally distort an image into a shape by choosing on-demand presets or by dragging control points.
The File Browser was upgraded to Adobe Bridge, which functioned as a hub for productivity, imagery and creativity, providing multi-view file browsing and smooth cross-product integration across Adobe Creative Suite 2 software. Adobe Bridge also provided access to Adobe Stock Photos, a new stock photography service that offered users one-stop shopping across five elite stock image providers to deliver high-quality, royalty-free images for layout and design.
Camera Raw version 3.0 was a new addition in CS2, and it allowed settings for multiple raw files to be modified simultaneously. In addition, processing multiple raw files to other formats including JPEG, TIFF, DNG or PSD, could be done in the background without executing Photoshop itself.
Photoshop CS2 brought a streamlined interface, making it easier to access features for specific instances. In CS2 users were also given the ability to create their own custom presets, which was meant to save time and increase productivity.
CS2 activation servers' shutdown: In January 2013, Adobe Photoshop CS2 (9.0), with some other CS2 products, was released with an official serial number, due to the technical glitch in Adobe's CS2 activation servers (see Creative Suite 1 and 2).
CS3 improves on features from previous versions of Photoshop and introduces new tools. One of the most significant is the streamlined interface which allows increased performance, speed, and efficiency. There is also improved support for Camera RAW files which allow users to process images with higher speed and conversion quality. CS3 supports over 150 RAW formats as well as JPEG, TIFF and PDF. Enhancements were made to the Black and White Conversion, Brightness and Contrast Adjustment and Vanishing Point Module tools. The Black and White adjustment option improves control over manual grayscale conversions with a dialog box similar to that of Channel Mixer. There is more control over print options and better management with Adobe Bridge. The Clone Source palette is introduced, adding more options to the clone stamp tool. Other features include the nondestructive Smart Filters, optimizing graphics for mobile devices, Fill Light and Dust Busting tools. Compositing is assisted with Photoshop's new Quick Selection and Refine Edge tools and improved image stitching technology.
CS3 Extended includes everything in CS3 and additional features. There are tools for 3D graphic file formats, video enhancement and animation, and comprehensive image measurement and analysis tools with DICOM file support. The 3D graphic formats allow 3D content to be incorporated into 2D compositions. As for video editing, CS3 supports layers and video formatting so users can edit video files per frame.
CS3 and CS3 Extended were released in April 2007 to the United States and Canada. They were also made available through Adobe’s online store and Adobe Authorized Resellers. Both CS3 and CS3 Extended are offered as either a stand-alone application or feature of Adobe Creative Suite. The price for CS3 is US$649 and the extended version is US$999. Both products are compatible with Intel-based Macs and PowerPCs, supporting Windows XP and Windows Vista. CS3 is the first release of Photoshop that will run natively on Macs with Intel processors: previous versions can only run through the translation layer Rosetta, and will not run at all on Macs running Mac OS X 10.7 or later.
CS4 features smoother panning and zooming, allowing faster image editing at a high magnification. The interface is more simplified with its tab-based interface making it cleaner to work with. Photoshop CS4 features a new 3D engine allowing the conversion of gradient maps to 3D objects, adding depth to layers and text, and getting print-quality output with the new ray-tracing rendering engine. It supports common 3D formats; the new Adjustment and Mask Panels; Content-aware scaling (seam carving); Fluid Canvas Rotation and File display options. The Content-aware scaling allows users to intelligently size and scale images, and the Canvas Rotation tool makes it easier to rotate and edit images from any angle.
Adobe released Photoshop CS4 Extended, which has the features of Adobe Photoshop CS4, plus capabilities for scientific imaging, 3D, motion graphics, accurate image analysis and high-end film and video users. The faster 3D engine allows users to paint directly on 3D models, wrap 2D images around 3D shapes and animate 3D objects. As the successor to Photoshop CS3, Photoshop CS4 is the first x64 edition of Photoshop on consumer computers for Windows. The color correction tool has also been improved significantly.
CS4 and CS4 Extended were released on 15 October 2008. They were also made available through Adobe’s online store and Adobe Authorized Resellers. Both CS4 and CS4 Extended are offered as either a stand-alone application or feature of Adobe Creative Suite. The price for CS4 is US$699 and the extended version is US$999. Both products are compatible with Intel-based Mac OS X and PowerPCs, supporting Windows XP and Windows Vista.
Photoshop CS5 was launched on 12 April 2010. In a video posted on its official Facebook page, the development team revealed the new technologies under development, including three-dimensional brushes and warping tools.
In May 2011, Adobe Creative Suite 5.5 (CS5.5) was released, with new versions of some of the applications. Its version of Photoshop, 12.1, is identical to the concurrently released update for Photoshop CS5, version 12.0.4, except for support for the new subscription pricing that was introduced with CS5.5.
CS5 introduces new tools such as the Content-Aware Fill, Refine Edge, Mixer Brush, Bristle Tips and Puppet Warp. The community also had a hand in the additions made to CS5 as 30 new features and improvements were included by request. These include automatic image straightening, the Rule-of-Thirds cropping tool, color pickup, and saving a 16-bit image as a JPEG. Another feature includes the Adobe Mini Bridge, which allows for efficient file browsing and management.
CS5 Extended includes everything in CS5 plus features in 3D and video editing. A new materials library was added, providing more options such as Chrome, Glass, and Cork. The new Shadow Catcher tool can be used to further enhance 3D objects. For motion graphics, the tools can be applied to over more than one frame in a video sequence.
CS5 and CS5 Extended were made available through Adobe's online store, Adobe Authorized Resellers and Adobe direct sales. Both CS5 and CS5 Extended are offered as either a stand-alone application or a feature of Adobe Creative Suite 5. The price for CS5 is US$699 and the extended version is US$999. Both products are compatible with Intel-based Mac OS X and Windows XP, Windows Vista, and Windows 7.
Photoshop CS6, released in May 2012, added new creative design tools and provided a redesigned interface with a focus on enhanced performance. New features have been added to the Content-Aware tool such as the Content-Aware Patch and Content-Aware Move.
Adobe Photoshop CS6 brought a suite of tools for video editing. Color and exposure adjustments, as well as layers, are among a few things that are featured in this new editor. Upon completion of editing, the user is presented with a handful of options of exporting into a few popular formats.
CS6 brings the "straighten" tool to Photoshop, where a user simply draws a line anywhere on an image, and the canvas will reorient itself so that the line drawn becomes horizontal, and adjusts the media accordingly. This was created with the intention that users will draw a line parallel to a plane in the image, and reorient the image to that plane to more easily achieve certain perspectives.
CS6 allows background saving, which means that while another document is compiling and archiving itself, it is possible to simultaneously edit an image. CS6 also features a customizable auto-save feature, preventing any work from being lost.
The price for CS6 is US$699 and the extended version is US$999. Students, however, even those who are homeschooled, can receive a significant discount on Photoshop.
With version 13.1.3, Adobe dropped support for Windows XP (including Windows XP Professional x64 Edition); thus, the last version that works on Windows XP is 13.0.1. Adobe also announced that CS6 will be the last suite sold with perpetual licenses in favor of the new Creative Cloud subscriptions, though they will continue to provide OS compatibility support as well as bug fixes and security updates as necessary.
Photoshop CC (14.0) was launched on 18 June 2013. As the next major version after CS6, it is only available as part of a Creative Cloud subscription, the full version of which costs $49 every month. Major features in this version include All-new Smart Sharpen, Intelligent Upsampling, and Camera Shake Reduction for reducing blur caused by camera shake. Editable Rounded Rectangles and an update to Adobe Camera Raw (8.0) were also included.
Since the initial launch, Adobe has released two additional feature-bearing updates. The first, version 14.1, was launched on 9 September 2013. The major features in this version were Adobe Generator, a Node.js-based platform for creating plug-ins for Photoshop. Photoshop 14.1 shipped with two plug-ins, one to automatically generate image assets based on an extension in the layer name, and another to automatically generate assets for Adobe Edge Reflow.
Version 14.2 was released on 15 January 2014. Major features include Perspective Warp, Linked Smart Objects, and 3D Printing support.
Photoshop CC 2014 (15.0) was released on 18 June 2014. CC 2014 features improvements to content-aware tools, two new blur tools (spin blur and path blur) and a new focus mask feature that enables the user to select parts of an image based on whether they are in focus or not. Other minor improvements have been made, including speed increases for certain tasks.
Photoshop CC 2015 was released on 15 June 2015. Adobe added various creative features including Adobe Stock, which is a library of custom stock images. It also includes and have the ability to have more than one layer style. For example, in the older versions of Photoshop, only one shadow could be used for a layer but in CC 2015, up to ten are available. Other minor features like Export As, which is a form of the Save For Web in CC 2014 were also added. The updated UI as of 30 November 2015 delivers a cleaner and more consistent look throughout Photoshop, and the user can quickly perform common tasks using a new set of gestures on touch-enabled devices like Microsoft Surface Pro. CC 2015 also marks the 25th anniversary of Photoshop.
Photoshop CC 2017 was released on 2 November 2016. It introduced a new template selector when creating new documents, the ability to search for tools, panels and help articles for Photoshop, support for SVG OpenType fonts and other small improvements. In December 2016, a minor update was released to include support for the MacBook Pro Touch Bar.
Photoshop CC 2018 was released on 18 October 2017. It featured an overhaul to the brush organization system, allowing for more properties (such as color and opacity) to be saved per-brush and for brushes to be categorized in folders and sub-folders. It also added brush stroke smoothing, and over 1000 brushes created by Kyle T. Webster (following Adobe's acquisition of his website, KyleBrush.com). A Curvature Pen tool, similar to the one in Illustrator, was added, allowing for faster creation of Bézier paths. Other additions were Lightroom Photo access, Variable font support, copy-paste layers, enhanced tooltips, 360 panorama and HEIF support, PNG compression, algorithm improvements to Face-aware and selection tools, improved image resizing, and performance improvements to file opening, filters, and brush strokes.
This section needs expansion. You can help by adding to it. (June 2012)
Photoshop Touch was an application designed specifically for tablets and touchscreen devices. It included many of the features of the personal computer version, including layers, selection tools, adjustments, and filters. Edited files could be synced with Adobe Creative Cloud. Photoshop touch was available on iOS and Android. There were two iOS versions-one designed for iPad and the other for iPhone and iPod touch; both required iOS 5.0 or later. Android versions could be installed on any Android handset (4.0 and up) and tablets (3.1 and up). It has since been discontinued.
Links to related articles