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De facto or de jure borders of a country

(2025-05-16 16:42:02) 下一個

De facto describes practices that exist in reality, regardless of whether they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with de jure. The distinction between the two is significant in law, governance, language, standards, and 

and social relationships, influencing policies, rights, and international relations.

De facto situations arise in many areas where practical realities differ from legal frameworks, shaping how institutions and societies function in practice, and the term is used to describe concepts that have, or could have, both a declared official form as well as an unofficial functioning form. For example, a de facto government holds power without legal recognition, a de facto standard is widely adopted in a market despite a lack of formal agreement, and a de facto language is widely spoken even if it lacks official status.

Jurisprudence and de facto law

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Not be confused with unenforced law.
See the Brussels effect for de facto "regulatory globalisation" by the European Union.

In jurisprudence, a de facto law (also known as a de facto regulation) is a law or regulation that is followed but "is not specifically enumerated by a law."[4] By definition, de facto 'contrasts' de jure which means "as defined by law" or "as a matter of law."[5][6] For example, if a particular law exists in one jurisdiction, but is followed in another where it has no legal effect (such as in another country), then the law could be considered a de facto regulation (a "de facto regulation" is not an officially prescribed legal classification for a type of law in a particular jurisdiction, rather, it is a concept about law(s).[7][8][5]

 

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In law and governmentde jure (/de? ?d???ridi -, - ?j??r-/; Latin: [de? ?ju?re]lit. 'from 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 ('from fact'), which describes situations that exist in reality, even if not formally recognized.[1]

Definition

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De jure is a Latin expression composed of the words de,("from, of") and jure,("law", adjectival form of jus). Thus, it is descriptive of a structural argument or position derived "from law".[2][3]

Usage

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Jurisprudence and de jure law

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See also: Unenforced law

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

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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

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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)[6] and Kashmir (claimed by multiple countries).[7]

 

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