De facto: Encyclopedia - De facto

De facto

De facto is a Latin expression that means "in fact" or "in practice". It is commonly used in contrast to de jure (meaning "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 against a regulation. When discussing a legal situation, de jure designates what the law says, while de facto designates what happens 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 perhaps not quite universal.

De facto - Standards

A de facto standard is a technical or other standard that is so dominant that everybody seems to follow it like an authorized standard. The de jure standard may be different: one example is the act of speeding found on highways. Although the de jure standard is to drive at the speed limit or slower, in many places the de facto standard is to drive at the speed limit or slightly faster.

Another example: there is no law preventing a 27th letter such as Þ (thorn) from being added to the alphabet; indeed, letters were added centuries ago without much difficulty. But today one is prevented from doing so by the practical difficulties involved, and thus there is a de facto limit on modifications to the alphabet.

A de facto standard is sometimes not formalized and may simply rely on the fact that someone has come up with a good idea that is liked so much that it is copied. Typical creators of de facto standards are individual companies, corporations, and consortia. In computing, de facto standards can sometimes become de jure standards due to market superiority. For example, JavaScript by Netscape (standardized as ECMAScript) and parts of DOM Level 0 (stardardized in DOM Level 1/2 HTML Specification).

De facto - Politics

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. Their authority cannot be denied however, which forces their position as ruler to be recognized. However, it should be noted that not all dictators are de facto rulers. For example, Augusto Pinochet of Chile initially came to power as the chairman of a military junta, which briefly made him defacto 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. Similarly, Saddam Hussein's formal rule of Iraq is often recorded as begining in 1979, the year he assumed the President of Iraq. However, in practice his defacto rule of the nation began as 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.

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 sons Tongzhi and 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).

Some notable true de facto leaders have been Deng Xiaoping of the People's Republic of China and General Manuel Noriega of Panama. 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 assesment of their power. Terms like strongman are often used to refer to defacto rulers of this sort.

The term de facto head of state is sometimes used to describe the governor general in a Commonwealth Realm, or one who rules in lieu of the legal (de jure, or juridical) head of state (e.g., British monarch).

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. 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. The same concepts may also apply to a boundary between provinces or other subdivisions of a federal state.

Similarly, a nation with de facto independence 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..

De facto - Other usages

De facto racial segregation often occurs because users of a given facility, such as a library or school, tend to be residents of that neighborhood and so reflect its ethnic makeup. The facility tends to become racially or ethnically segregated without any law calling for de jure segregation, if the same applies to the neighborhood.

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. (Similarly for related terms such as oligopoly and monopsony.) This is the type of situation that antitrust laws are intended to eliminate, when they are used.

One's unmarried partner is referred to as the de facto husband or wife by some authorities. This has passed into Australian casual usage, in contrast to other English-speaking countries, as the slang term defacto to refer to one's significant other. e.g. "This is my defacto, Rachel". This is equivalent to the term common-law husband or wife used in most other English-speaking countries.

See also

• List of Latin phrases
• status quo
• DeFacto is also the name of a dub band.

Category: Latin legal phrases

Adapted from the Wikipedia article "De facto", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki