De facto is a Latin expression that means "of the fact" or "in practice" but not spelled out by law. Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. It is commonly used in contrast to de jure (which means "by law") when referring to matters of law, governance, or technique (such as standards), that are found in the common experience as created or developed without or contrary to a regulation. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society Governance relates to decisions that define expectations, grant power, or verify performance. Standardization (or standardisation) is the process of developing and agreeing upon technical standards. When discussing a legal situation, de jure designates what the law says, while de facto designates action of what happens in practice. It is analogous and similar to the expressions "for all intents and purposes" and "in practice"
The term de facto may also be used when there is no relevant law or standard, but a common practice is well established, although not universal. For example, English is the most common language in the United States, but there is no official language. English is a West Germanic language originating in England and is the First language for most people in the United Kingdom, the United States The United States of America —commonly referred to as the (Some U. S. states have established official languages. )
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Examples
Standards
A de facto standard is a standard (formal or informal) that has achieved a dominant position, as a tradition, or by enforcement, or market dominance. A de facto standard is a Standard (formal or informal that has achieved a dominant and accepted position A de facto standard is a Standard (formal or informal that has achieved a dominant and accepted position A technical standard is an established norm or requirement It is usually a formal document that establishes uniform engineering or technical criteria methods processes and practices The word tradition comes from the Latin traditionem acc of traditio which means "a giving up delivering up surrendering" and is used in a number of Coercion (co-er-shion is the practice of compelling a person or manipulating them to behave in an involuntary way (whether through action or inaction by use of threats It has not necessarily received formal approval by way of a standardization process, and may not be an official standard document. Standardization (or standardisation) is the process of developing and agreeing upon technical standards. A technical standard is an established norm or requirement It is usually a formal document that establishes uniform engineering or technical criteria methods processes and practices
In social sciences, it is a usual solution for a coordination problem. The social sciences comprise academic disciplines concerned with the study of the social life of human groups and individuals including Anthropology, Communication studies In Game theory, coordination games are a class of games with multiple Pure strategy Nash equilibria in which players choose the same or corresponding [1] De facto standard is the better choice into situations in which all parties can realize mutual gains only by making mutually consistent decisions. Decision making can be regarded as an outcome of mental processes ( cognitive process) leading to the selection of a course of action among several alternatives
National languages
Several de facto English-speaking countries, including the United Kingdom and Australia have no de jure official national language. English is a West Germanic language originating in England and is the First language for most people in the United Kingdom, the United States The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located For a topic outline on this subject see List of basic Australia topics. In New Zealand, there are three official languages (English, Maori and sign). New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island In the United States, twenty five states have declared English an official language, with Hawaii using Hawaiian and English as official languages. The United States of America —commonly referred to as the A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government The State of Hawaii ( or həˈwaɪʔiː Hawaiian: Mokuāina o Hawaii) is a state in the United States located on an Archipelago in the The Hawaiian language (Hawaiian ‘Ōlelo Hawai‘i) is an Austronesian language that takes its name from Hawai'i, the largest island in the tropical However, two US states also have de facto second languages: Spanish in New Mexico and French in Louisiana. New Mexico ( is a state located in the southwestern region of the United States of America. French ( français,) is a Romance language spoken around the world by 118 million people as a native language and by about 180 to 260 million people The State of Louisiana ( or, État de Louisiane, pronounced) is a state located in the southern region of the United States of America
Similarly, in the former Soviet Union, Russian was the official language de facto, but not de jure. The Union of Soviet Socialist Republics (USSR was a constitutionally Socialist state that existed in Eurasia from 1922 to 1991 Russian ( transliteration:,) is the most geographically widespread language of Eurasia, the most widely spoken of the Slavic languages Sweden is another example of a country with no language recognized de jure. "Sverige" redirects here For other uses see Sweden (disambiguation and Sverige (disambiguation.
Lebanon and Morocco are two more examples, where in both countries the official language is Arabic but an additional de facto language is considered to be French. Lebanon (ˈlɛbənɒn Arabic: ar لبنان Lubnān) officially the Republic of Lebanon or Lebanese Republic (ar الجمهورية اللبنانية Morocco (المغرب "al-Maghrib" officially the Kingdom of Morocco (المملكة المغربية is a country located in North Africa Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language French ( français,) is a Romance language spoken around the world by 118 million people as a native language and by about 180 to 260 million people
Politics
A de facto government is a government wherein all the attributes of sovereignty have, by usurpation, been transferred from those who had been legally invested with them to others, who, sustained by a power above the forms of law, claim to act and do really act in their stead. [2]
In politics, a de facto leader of a country or region is one who has assumed authority, regardless of whether by lawful, constitutional, or legitimate means; very frequently the term is reserved for those whose power is thought by some faction to be held by unlawful, unconstitutional, or otherwise illegitimate means, often by deposing a previous leader or undermining the rule of a current one. De facto leaders need not hold a constitutional office, and may exercise power in an informal manner.
Not all dictators are de facto rulers. A dictator is an Authoritarian ruler (eg Absolutist or autocratic) who assumes sole and absolute power without hereditary ascension such as an Absolute For example, Augusto Pinochet of Chile initially came to power as the chairperson of a military junta, which briefly made him de facto leader of Chile, but then he later amended the nation's constitution and made himself President, making him the formal and legal ruler of Chile. Augusto José Ramón Pinochet Ugarte (November Chile, officially the Republic of Chile ( Spanish:) is a country in South America occupying a long and narrow Coastal strip wedged between the A military junta is a government ruled by a committee of military leaders President is a Title leaders of Organizations companies, Trade unions universities, and countries. Similarly, Saddam Hussein's formal rule of Iraq is often recorded as beginning in 1979, the year he assumed the Presidency of Iraq. Saddam Hussein Abd al-Majid al-Tikriti ( Arabic: ar صدام حسين عبد المجيد التكريتي --> April 28 1937 &ndash December 30 For a topic outline on this subject see List of basic Iraq topics. The President of Iraq is Iraq 's Head of state. Presidents of the Republic of Iraq (1958-2003 For most of the country's history Iraq's However, in practice his de facto rule of the nation began at an earlier date, as during his time as vice president he exercised a great deal of power at the expense of the elderly Ahmed Hassan al-Bakr. __FORCETOC__ For the Vice President of the United States, their roles and other information see Vice President of the United States. General Ahmed Hassan al-Bakr ( Arabic أحمد حسن البكر) ( July 1, 1914 – October 4, 1982) was
Another example of a de facto ruler is someone who is not the actual ruler, but exerts great or total influence over the true ruler, which is quite common in monarchies. Some examples of these de facto rulers are Empress Dowager Cixi of China (for son Tongzhi and nephew Guangxu Emperors), Prince Alexander Menshikov (for his former lover Empress Catherine I of Russia), Cardinal Richelieu of France (for Louis XIII), and Queen Marie Caroline of Naples and Sicily (for her husband King Ferdinand I of the Two Sicilies). Empress Dowager Cixi 1 ( ( November 29 1835 – November 15 1908) popularly known in China as the The Tongzhi Emperor, born Zaichun ( April 27, 1856 &ndash January 12, 1875) was the ninth emperor of the Manchu The Guangxu Emperor (光緒帝 (14 August 1871&ndash14 November 1908 born Zaitian (載湉 was the tenth emperor of the Manchu Qing dynasty Aleksandr Danilovich Menshikov (Александр Данилович Меншиков (1673 &ndash 1729 was a Russian statesman whose official titles included Generalissimo Yekaterina (Catherine I Alexeyevna (In Russian: Екатерина I Алексеевна (born Martha Elena Scowronska, Marta Elena Skavronska later This article is about a cardinal For information on the Russian also called The Red Eminence, see Mikhail Andreyevich Suslov. For the cognac see Louis XIII de Rémy Martin. Louis XIII ( September 27, 1601 – May 14, 1643) Ferdinand I ( Ferdinando Antonio Pasquale Giovanni Nepomuceno Serafino Gennaro Benedetto, January 12, 1751 &ndash January 4, 1825)
Some notable true de facto leaders have been Deng Xiaoping of the People's Republic of China and General Manuel Noriega of Panama. Deng Xiaoping ( 22 August 1904 19 February 1997) was a prominent Chinese Revolutionary, Politician, Pragmatist and Reformer Talk People's Republic of China) PEOPLE'S REPUBLIC OF CHINA ARTICLE GUIDELINES Manuel Antonio Noriega (born February 11, 1934) He was never officially the President of Panama, but held the post of "chief executive officer" Panama, officially the Republic of Panama (República de Panamá) is the southernmost country of Central America. Both of these men exercised near-total control over their respective nations for many years, despite not having either legal constitutional office or the legal authority to exercise power. These individuals are today commonly recorded as the "leaders" of their respective nations; recording their legal, correct title would not give an accurate assessment of their power. Terms like strongman or dictator are often used to refer to de facto rulers of this sort. A strongman is a political leader who rules by force and runs an Authoritarian regime
The term de facto head of state is sometimes used to describe the office of a governor general in the Commonwealth Realms, since the holder of that office has the same responsibilities in their country as the de jure head of state (the sovereign) does within the United Kingdom. A De facto head of state is a term used to an office-holder who fulfils some many or all of the functions of a Head of state. The term governor general or governor-general refers to a vice-regal representative of a Monarch in an independent realm or a major colonial circonscription A Commonwealth realm is any one of 16 sovereign states within the Commonwealth of Nations that each have Elizabeth II as their respective Monarch For the ship see RMS Queen Elizabeth 2 Elizabeth II (Elizabeth Alexandra Mary Context States headed by Elizabeth II The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located
In the Westminster System of government, executive authority is often split between a de jure executive authority of a head of state and a de facto executive authority of a Prime Minister and Cabinet who implement executive powers in the name of the de jure executive authority. The Westminster system is a democratic Parliamentary system of Government modelled after the British government (the Parliament of the United In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. Head of state is the generic term for the individual or collective office that serves as the chief public representative of a Monarchic or Republican Nation-state This article is about the government position For other uses see Prime Minister (disambiguation. A cabinet is a body of high-ranking members of Government, typically representing the executive branch. In the United Kingdom, the British Sovereign is the de jure executive authority, even though executive decisions are made by the Prime Minister and his Cabinet on the Sovereign's behalf, hence the term "Her Majesty's Government". TalkCommonewalth realm.--> The monarchy The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the political leader of the United Kingdom In the Politics of the United Kingdom, the Cabinet is a formal body composed of the most senior government ministers chosen by the Prime Minister Her Majesty's Government, or when the monarch is male His Majesty's Government, is the title used by the Government of the United Kingdom, based at
The de facto boundaries of a country are defined by the area that its government is actually able to enforce its laws in, and to defend against encroachments by other countries that may also claim the same territory de jure. The line of control in Kashmir is an example of a de facto boundary. Names Specifically the term "Line of Control" (LOC refers to the military control line between the Indian- and Pakistani-controlled parts of the former princely state This article is about the geographical region of greater Kashmir As well as cases of border disputes, de facto boundaries may also arise in relatively unpopulated areas when the border was never formally established, or when the agreed border was never surveyed and its exact position is unclear. A territorial dispute is a disagreement over the possession/control of land between two or more States or over the possession or control of land by one state after it has conquered The same concepts may also apply to a boundary between provinces or other subdivisions of a federal state. A federation ( Latin: foedus, covenant is a union comprising a number of partially self-governing states or regions united by a central ("federal"
Similarly, a nation with de facto independence, like Somaliland, is one that is not recognized by other nations or by international bodies, even though it has its own government that exercises absolute control over its claimed territory.
Other usages
A de facto monopoly is a system where many suppliers of a product are allowed, but the market is so completely dominated by one that the others might as well not exist. In Economics, a monopoly (from Greek monos, alone or single + polein, to sell exists when a specific individual or enterprise has sufficient (Similarly for related terms such as oligopoly and monopsony. An oligopoly is a Market form in which a Market or Industry is dominated by a small number of sellers (oligopolists In Economics, a monopsony (from Ancient Greek μόνος (monos "single" + ὀψωνία (opsōnia "purchase" is a Market form ) This is the type of situation that antitrust laws are intended to eliminate, when they are used. United States antitrust law is the body of Laws that prohibits anti-competitive behavior (monopoly and Unfair business practices.
A domestic partner outside marriage is referred to as a de facto husband or wife by some authorities. A domestic partnership is a legal or Personal relationship between two individuals who live together and share a common domestic life but are neither joined by a traditional NOTICE TO WOULD-BE ROMEOS ************** [3] In Australia and New Zealand, de facto has become a term for one's domestic partner. For a topic outline on this subject see List of basic Australia topics. New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island It is a legally recognised relationship of a couple living together in Australian law, e. g. "This is my defacto, Sheila". This is equivalent to the term common-law husband or wife used in most other English-speaking countries. English is a West Germanic language originating in England and is the First language for most people in the United Kingdom, the United States However, if the relationship is indeed recognized by law, then it would be de jure, and thus "de facto" is a misnomer.
Countries sometimes receive de facto (informal) recognition from other countries which may lead to de jure (formal) recognition.
References
- ^ Edna Ullmann-Margalit: The Emergence of Norms, Oxford Un. Press, 1977. (or Clarendon Press 1978)
- ^ 30 Am Jur 181. Law Dictionary, James A. Ballentine, Second Edition, 1948, page 345.
- ^ Walker Lenore E. A. "Battered Woman Syndrome. Empirical Findings". Violence and Exploitation Against Women and Girls, November 2006, page 142.
See also
In Law, desuetude (from the Latin word desuetudo outdated no longer custom is a doctrine that causes Statutes similar legislation or legal principles to lapse and This page lists direct English Translations of common Latin phrases, such as veni vidi vici and Et cetera.Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic