Ban (law)

Smoking is banned in public buildings in many parts of the world.

A ban is a formal or informal prohibition^[1] of something. Bans are formed for the prohibition of activities within a certain political territory. Some see this as a negative act (equating it to a form of censorship or discrimination) and others see it as maintaining the "status quo". Some bans in commerce are referred to as embargoes. Ban is also used as a verb similar in meaning to "to prohibit".

Etymology

In current English usage, ban is mostly synonymous with prohibition. Historically, Old English (ge)bann is a derivation from the verb bannan "to summon, command, proclaim" from an earlier Common Germanic *bannan "to command, forbid, banish, curse". The modern sense "to prohibit" is influenced by the cognate Old Norse banna "to curse, to prohibit" and also from Old French ban, ultimately a loan from Old Frankish, meaning "outlawry, banishment".^[1]

The Indo-European etymology of the Germanic term is from a root *bha- meaning "to speak". Its original meaning was magical, referring to utterances that carried a power to curse.

Banned political parties

In many countries political parties or groups are banned. Parties may be banned for many reasons, including extremism and anti-democratic ideologies,^[2] on ethnic or religious grounds,^[3] and sometimes simply because the group opposes government policies, with the ban sometimes alleging wrongdoing as the cause.^[4] Germany, for instance, has a long history behind its modern practice of banning political parties. The Nazi Party was banned in 1923; after the Nazi Party came into power in 1933 opposing parties such as the Social Democrats and Communist Party were banned, the Nazi Party was again banned and the ban on other parties lifted after the Nazi defeat in 1945, and the Communist Party was again banned from 1956 to 1968.

Banning marriages

There have been many bans on marriages, and sometimes other sexual liaisons, between people of different ethnic background or religion, for example between non-Jews and Jews in Nazi Germany, people classified as "white" and non-whites in apartheid South Africa, etc.

For much of the 1800s and 1900s there were bans on marriage between people of different races (interracial marriage) in many of the United States. However, the ban on interracial marriage was overturned by the Supreme Court of the United States in 1967 in the landmark civil rights case Loving vs. Virginia, in which the Court ruled Virginia's miscegenation law an unconstitutional violation of the fundamental right to marriage. Historically child marriage was common, but is now banned in many countries.

Banned persons

The imperial ban was a form of outlawry in the Holy Roman Empire. At different times, it could be declared by the Holy Roman Emperor, by courts including the League of the Holy Court (Vehmgericht) [fém-gəʀɪχt] and the Reichskammergericht, or by the Imperial Diet. People under imperial ban lost all their rights and possessions, and anyone was allowed to rob, injure or kill them without legal consequences. The imperial ban automatically followed the excommunication of a person, and was as extended to anyone offering help to a person under the imperial ban.

During the apartheid régime in South Africa, the National Party government issued banning orders to individuals seen to be threats to its power—often black politicians or organizations— these banning orders acted as suppression orders. Individuals banned by the Suppression of Communism Act (where "Communism" was defined effectively as opposition to the government) could not communicate with more than one person at any time unless at home (thus removing them from partaking in political activities), travel to areas without government approval, or leave the country.

Censorship

Existing publications may be banned, and new publications prohibited from discussing certain topics or taking certain viewpoints. Censorship is the enacting and enforcing of such bans.

Health and safety

Bans in various jurisdictions on possession of some weapons, smoking, and narcotic drugs are enacted for the safety of the general public.

See also

• Censorship of music
• Censure and Excommunication, which may result in a ban pursuant to religious law
• Export restriction
• Herem (censure), a ban pursuant to Jewish law
• Homo sacer and the sovereign state of exception
• List of banned books
• List of banned computer and video games
• List of banned films
• List of people subject to banning orders under apartheid
• List of websites blocked in China
• Ostracism
• Prohibition—usually referring to historical and current laws regulating prohibition of alcohol
• Shunning practiced in the Amish community
• Use of performance-enhancing drugs in sport
• Wikipedia:Banning policy—the banning policy on Wikipedia

References

1. "ban". Oxford English Dictionary (3rd ed.). Oxford University Press. September 2005. (Subscription or UK public library membership required.)
2. Issacharoff, Samuel (2007-03-31). "Fragile Democracies". Harvard Law Review 120: 1405.
3. Bogaards, Matthijs; Matthias Basedau; Christof Hartmann (2010-07-21). "Ethnic party bans in Africa: an introduction". Democratization 17 (4): 599. doi:10.1080/13510347.2010.491183.
4. The Guardian newspaper: Zimbabwe bans political rallies as unrest grows, 22 February 2007. Example of a ban on political protests declared legal by a court.

External links