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Capitis Deminutio
''Capitis deminutio'' or ''capitis diminutio'' (diminished capacity) is a term used in Roman law, referring to the extinguishing, either in whole or in part, of a person's former status and legal capacity. There were three changes of state or condition attended with different consequences: ''maxima'', ''media'', and ''minima''. The greatest, ''capitis deminutio maxima'', involved the loss of liberty, citizenship, and family (e.g., being made a slave or prisoner of war). ''Capitis deminutio media'', consisted of a loss of citizenship and family without any forfeiture of Liberty, personal liberty. ''Capitis deminutio minima'', consisted of a person ceasing to belong to a particular family, without loss of liberty or citizenship.Thomas Mackenzie and John Kirkpatrick (author), John Kirkpatrick, ''Studies in Roman Law'', Chapter II, pp. 71–72. See also * Diminished responsibility Notes [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Capacity
Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or altogether the personhood itself in regard to an entity other than a natural person (in this sense also called legal personality). Natural persons Capacity covers day-to-day decisions, including: what to wear and what to buy, as well as, life-changing decisions, such as: whether to move into a care home or whether to have major surgery. As an aspect of the social contract between a state and its citizens, the state adopts a role of protector to the weaker and more vulnerable members of society. In public policy terms, this is the policy of ''parens patriae''. Similarly, the state has a direct social and economic interest in promoting trade, so it will define the forms of business enterprise that may operate within its territory, and lay down rules that will allow both the businesses and those that wish to contract with th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prisoner Of War
A prisoner of war (POW) is a person who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of war in custody for a range of legitimate and illegitimate reasons, such as isolating them from the enemy combatants still in the field (releasing and repatriating them in an orderly manner after hostilities), demonstrating military victory, punishing them, prosecuting them for war crimes, exploiting them for their labour, recruiting or even conscripting them as their own combatants, collecting military and political intelligence from them, or indoctrinating them in new political or religious beliefs. Ancient times For most of human history, depending on the culture of the victors, enemy fighters on the losing side in a battle who had surrendered and been taken as prisoners of war could expect to be either slaughtered or enslaved. Ear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liberty
Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society from control or oppressive restrictions imposed by authority on one's way of life, behavior, or political views. In theology, liberty is freedom from the effects of "sin, spiritual servitude, rworldly ties". Sometimes liberty is differentiated from freedom by using the word "freedom" primarily, if not exclusively, to mean the ability to do as one wills and what one has the power to do; and using the word "liberty" to mean the absence of arbitrary restraints, taking into account the rights of all involved. In this sense, the exercise of liberty is subject to capability and limited by the rights of others. Thus liberty entails the responsible use of freedom under the rule of law without depriving anyone else of their freedom. Liberty can be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Kirkpatrick (author)
{{human name disambiguation, Kirkpatrick, John ...
John Kirkpatrick may refer to: *John Kirkpatrick (politician) (1840–1904), Australian politician * John Simpson Kirkpatrick (1892–1915), British-born Australian soldier *John Kirkpatrick (pianist) (1905–1991), American classical pianist and music scholar *John Kirkpatrick (musician) (born 1947), English player of free reed instruments *John Kirkpatrick (rugby league) (born 1979), English rugby league footballer of the 2000s * John Lycan Kirkpatrick (1813–1885), president of Davidson College *John Bayard Kirkpatrick, mayor of New Brunswick, New Jersey The Mayor of New Brunswick is head of the executive branch of the government of New Brunswick, New Jersey. References {{reflist * New Brunswick New Brunswick (french: Nouveau-Brunswick, , locally ) is one of the thirteen provinces and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diminished Responsibility
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired. Diminished capacity is a partial defense to charges that require that the defendant act with a particular state of mind. For example, if the felony murder rule does not apply, first degree murder requires that the state prove beyond a reasonable doubt that the defendant acted with premeditation, deliberation, and the specific intent to kill—all three are necessary elements of the state's case. If evidence exists, sufficient to create a reasonable doubt as to whether the defendant because of mental illness or "defect" possessed the capacity to premeditate, deliberate or form the specific intent to kill then the state cannot convict the defendant of first degree murder. This does not mean that the de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
