de jure

Not to be confused with Du jour.

Look up de jure in Wiktionary, the free dictionary.

De jure (adjective, adverb) (/dᵻ ˈdʒʊəriː/, /deɪ-/;[1][2] Classical Latin: de iure [deː ˈjuːrɛ]; (lit. 'concerning law') means 'a state of affairs that is in accordance with law',[1][2] i.e. that is officially designated. In contrast, de facto (lit. 'concerning fact'), means 'a state of affairs that is true in fact, but that is not officially designated'.[3][4][5] 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 favour locally.

Examples

It is possible to have multiple simultaneous conflicting (de jure) legalities, possibly none of which is in force (de facto). After seizing power in 1526, Ahmad ibn Ibrahim al-Ghazi made his brother, Umar Din, the lawful (de jure) Sultan of Adal. Ahmad, however, was in practice (de facto) the actual Sultan, and his brother was a figurehead.[6] Between 1805 and 1914, the ruling dynasty of Egypt ruled as de jure viceroys of the Ottoman Empire, but acted as de facto independent rulers who maintained a polite fiction of Ottoman suzerainty. However, from about 1882, the rulers had only de jure rule over Egypt, as it had by then become a British puppet state. Thus, Egypt was by Ottoman law de jure a province of the Ottoman Empire, but de facto was part of the British Empire.

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

See also

References

  1. 1 2 "Definition of de jure adjective from the Oxford Advanced Learner's Dictionary". Oxford University Press. OxfordLearnersDictionaries.com. Retrieved 11 July 2016.
  2. 1 2 "de jure". Dictionary.com, LLC. Dictionary.com. Retrieved 11 July 2016.
  3. ↑ "Definition of de facto adverb from the Oxford Advanced Learner's Dictionary". Oxford University Press. OxfordLearnersDictionaries.com. Retrieved 11 July 2016.
  4. ↑ "Definition of de facto adjective from the Oxford Advanced Learner's Dictionary". Oxford University Press. OxfordLearnersDictionaries.com. Retrieved 11 July 2016.
  5. ↑ "Legal English: "De Facto/De Jure"". Washington University School of Law – @WashULaw > Blog. St Louis, Missouri. 28 December 2012. Retrieved 11 July 2016.
  6. ↑ "Aḥmad Grāñ - Somalian Muslim leader". Encyclopædia Britannica, Inc. Britannica.com. Retrieved 11 July 2016.


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