De jure: Difference between revisions
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{{Short description|Latin expression meaning 'by law'}} |
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{{Distinguish2|[[Du jour]]}} |
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{{Italic title}} |
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{{refimprove|date=April 2014}} |
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{{Distinguish|Du jour|Dejure Foundation}} |
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{{wiktionary}} |
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{{Use dmy dates|date=September 2020}} |
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'''''De jure''''' ({{IPAc-en|d|i-|_|ˈ|dʒ|ʊər|iː|}}, {{IPAc-en|d|eɪ|-}};<ref>{{cite web|url=http://dictionary.reference.com/browse/de+jure|title=De jure - Define De Jure at Dictionary.com|work=Dictionary.com|accessdate=21 September 2014}}</ref><ref>{{cite web|url=http://www.oxfordlearnersdictionaries.com/definition/english/de-jure|title=de jure - Definition and pronunciation - Oxford Advanced Learner's Dictionary at OxfordLearnersDictionaries.com|publisher=|accessdate=21 September 2014}}</ref> [[Classical Latin]]: '''''de iure''''' {{IPA-la|deː ˈjuːrɛ|}}; lit. 'from law') means "a state of affairs that is in accordance with law (i.e. that is officially sanctioned)". In contrast, ''[[de facto]]'' (lit. 'from fact'), means "a state of affairs that is true in fact, but that is not officially sanctioned".<ref>{{cite|title=Legal English: “De Facto/De Jure”|date=28 December 2012|website=Washington University School of Law|location=St Louis, Missouri|url=https://onlinelaw.wustl.edu/blog/legal-english-de-factode-jure/|accessdate=5 July 2016}}</ref> In law and in government, the terms ''de jure'' and ''de facto'' are used instead of "in law" and "in practice", respectively. In a legal context, ''de jure'' (laws) are contrasted to ''de facto'' practices, where, for example, the people obey a contract as though there were a law enforcing it, yet there is no such law. A process known as "[[desuetude]]" may allow (de facto) practices to replace (de jure) laws that have fallen out of favor locally. |
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In [[law]] and [[government]], '''''de jure''''' ({{IPAc-en|d|eɪ|_|ˈ|dʒ|ʊər|i|,_|d|i|_|-|,_|-|_|ˈ|jʊər|-}}; {{IPA|la|deː ˈjuːre|lang}}; {{literal translation|by law}}) describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with ''[[de facto]]'' ('in fact'), which describes situations that exist in reality, even if not formally recognized.<ref name="OxfordDF2">{{cite web|title=Definition of 'de facto' adjective from the Oxford Advanced Learner's Dictionary|url=http://www.OxfordLearnersDictionaries.com/definition/english/de-facto_2|publisher=Oxford University Press|website=OxfordLearnersDictionaries.com|access-date=11 July 2016}}</ref> |
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==Examples== |
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It is possible to have multiple simultaneous conflicting (''de jure'') legalities, possibly none of which is in force (''de facto''). After seizing power in 1526, [[Ahmad ibn Ibrahim al-Ghazi]] made his brother, [[Umar Din]], the lawful (''de jure'') [[Sultan]] of [[Adal Sultanate|Adal]]. Ahmad, however, was in practice (''de facto'') the actual Sultan, and his brother was a figurehead.<ref name="bvhlgfi">{{cite web|title=Aḥmad Grāñ |url=http://www.britannica.com/EBchecked/topic/10110/Ahmad-Gran |publisher=Encyclopædia Britannica, Inc. |accessdate=2014-05-04}}</ref> Between 1805 and 1914, the [[Muhammad Ali dynasty|ruling dynasty]] of [[Khedivate of Egypt|Egypt]] ruled as ''de jure'' [[viceroy]]s of the [[Ottoman Empire]], but acted as ''de facto'' independent rulers who maintained a [[polite fiction]] of Ottoman [[suzerainty]]. However, from about 1882, the rulers had only ''de jure'' rule over Egypt, as it had by then become a British [[puppet state]]. Thus, Egypt was by Ottoman law ''de jure'' a province of the Ottoman Empire, but ''de facto'' was part of the [[British Empire]]. |
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==Definition== |
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| ⚫ | In |
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''De jure'' is a [[Latin]] expression composed of the words ''de'' (from) and ''jure'' (adjective form of ''[[wikt:jus|jus]]'', meaning 'law').<ref>{{Cite web |title=A Dictionary of Greek and Roman Antiquities (1890), JUS |url=https://www.perseus.tufts.edu/hopper/text?doc=Perseus:text:1999.04.0063:entry=jus-cn |access-date=2024-11-08 |website=www.perseus.tufts.edu}}</ref><ref>{{cite web|url=http://www.Dictionary.com/browse/de-jure|title=de jure|publisher=Dictionary.com, LLC.|work=dictionary.com|access-date=11 July 2016}}</ref> |
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==Usage== |
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===Jurisprudence and ''de jure'' law=== |
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{{see also|Unenforced law}} |
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*{{section link|Obrogation|Obrogation vs. abrogation}} |
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| ⚫ | In [[Law of the United States|U.S. law]], particularly after ''[[Brown v. Board of Education]]'' (1954), the difference between ''de facto'' [[Racial segregation in the United States|segregation]] (that existed because of voluntary associations and neighborhoods) and ''de jure'' segregation (that existed because of local laws) became important distinctions for court-mandated remedial purposes.<ref name="AndersonByrne2004">{{cite book|author1=James Anderson|author2=Dara N. Byrne|title=The Unfinished Agenda of Brown V. Board of Education|url=https://books.google.com/books?id=DQSryuTGxCcC&pg=PA55|date=29 April 2004|publisher=Diverse: Issues In Higher Education|isbn=978-0-471-64926-7|pages=55–}}</ref> |
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{{Reflist|2}} |
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===Government and culture=== |
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Between 1805 and 1914, the [[Muhammad Ali dynasty|ruling dynasty]] of [[Khedivate of Egypt|Egypt]] was subject to the rulers of the [[Ottoman Empire]] but acted as ''de facto'' independent rulers who maintained the [[polite fiction]] of Ottoman [[suzerainty]]. However, starting from around 1882, the rulers had only ''de jure'' rule over Egypt, as it had by then become a British [[puppet state]].<ref>{{Cite book |last=Mak |first=Lanver |url=https://books.google.com/books?id=cfJC1zLvBhQC&q=veiled%20protectorate&pg=PA10 |title=The British in Egypt: Community, Crime and Crises 1882–1922 |date=2012-03-15 |publisher=I.B.Tauris |isbn=9781848857094 |language=en}}</ref> Thus, by Ottoman law, Egypt was ''de jure'' a province of the Ottoman Empire, but ''de facto'' was part of the [[British Empire]]. |
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===Borders=== |
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The ''de jure'' borders of a country are defined by the area its government claims, but not necessarily controls. Modern examples include [[Taiwan]] (claimed but not controlled by [[China]])<ref>{{cite journal |last1=Fabry |first1=Mikulas |title=The Effect of ’One China’ Policies of Foreign States on the International Status of Taiwan |journal=Diplomacy & Statecraft |date=2 January 2024 |volume=35 |issue=1 |pages=90–115 |doi=10.1080/09592296.2024.2303855}}</ref> and [[Kashmir]] (claimed by [[Kashmir conflict|multiple countries]]).<ref>{{citation|last1=Osmańczyk|first1=Edmund Jan|title=Encyclopedia of the United Nations and International Agreements: G to M |url=https://books.google.com/books?id=fSIMXHMdfkkC&pg=PA1191|year=2003|publisher=Taylor & Francis|isbn=978-0-415-93922-5 |pages=1191–|access-date=18 December 2021|archive-date=17 January 2023|archive-url=https://web.archive.org/web/20230117140437/https://books.google.com/books?id=fSIMXHMdfkkC&pg=PA1191|url-status=live}}</ref> |
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==See also== |
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{{Wiktionary}} |
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{{Portal|Law}} |
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*[[Obrogation]] |
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*[[Unenforced law]] |
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{{Latin-legal-phrase-stub}} |
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{{reflist}} |
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[[fr:Liste de locutions latines#D]] |
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[[Category:Latin words and phrases]] |
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Latest revision as of 02:35, 8 November 2024
In law and government, de jure (/deɪ ˈdʒʊəri, di -, - ˈjʊər-/; Latin: [deː ˈjuːre]; lit. 'by law') describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with de facto ('in fact'), which describes situations that exist in reality, even if not formally recognized.[1]
Definition
[edit]De jure is a Latin expression composed of the words de (from) and jure (adjective form of jus, meaning 'law').[2][3]
Usage
[edit]Jurisprudence and de jure law
[edit]In U.S. law, particularly after Brown v. Board of Education (1954), the difference between de facto segregation (that existed because of voluntary associations and neighborhoods) and de jure segregation (that existed because of local laws) became important distinctions for court-mandated remedial purposes.[4]
Government and culture
[edit]Between 1805 and 1914, the ruling dynasty of Egypt was subject to the rulers of the Ottoman Empire but acted as de facto independent rulers who maintained the polite fiction of Ottoman suzerainty. However, starting from around 1882, the rulers had only de jure rule over Egypt, as it had by then become a British puppet state.[5] Thus, by Ottoman law, Egypt was de jure a province of the Ottoman Empire, but de facto was part of the British Empire.
Borders
[edit]The de jure borders of a country are defined by the area its government claims, but not necessarily controls. Modern examples include Taiwan (claimed but not controlled by China)[6] and Kashmir (claimed by multiple countries).[7]
See also
[edit]
Look up de jure in Wiktionary, the free dictionary.
References
[edit]- ^ "Definition of 'de facto' adjective from the Oxford Advanced Learner's Dictionary". OxfordLearnersDictionaries.com. Oxford University Press. Retrieved 11 July 2016.
- ^ "A Dictionary of Greek and Roman Antiquities (1890), JUS". www.perseus.tufts.edu. Retrieved 8 November 2024.
- ^ "de jure". dictionary.com. Dictionary.com, LLC. Retrieved 11 July 2016.
- ^ James Anderson; Dara N. Byrne (29 April 2004). The Unfinished Agenda of Brown V. Board of Education. Diverse: Issues In Higher Education. pp. 55–. ISBN 978-0-471-64926-7.
- ^ Mak, Lanver (15 March 2012). The British in Egypt: Community, Crime and Crises 1882–1922. I.B.Tauris. ISBN 9781848857094.
- ^ Fabry, Mikulas (2 January 2024). "The Effect of 'One China' Policies of Foreign States on the International Status of Taiwan". Diplomacy & Statecraft. 35 (1): 90–115. doi:10.1080/09592296.2024.2303855.
- ^ Osmańczyk, Edmund Jan (2003), Encyclopedia of the United Nations and International Agreements: G to M, Taylor & Francis, pp. 1191–, ISBN 978-0-415-93922-5, archived from the original on 17 January 2023, retrieved 18 December 2021