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Caput Lupinum
''Caput lupinum'' or ''caput gerat lupinum'' is a term used in the English law, English legal system and its derivatives. The Latin language, Latin term literally means "wolf's head" or "wolfish head", and refers to a person considered to be an outlaw, as in, ''e.g.'', the phrase ''caput gerat lupinum'' ("may he wear a wolfish head" / "may his be a wolf's head"). The term was used in England in the Middle Ages, Medieval England to designate a person pronounced by the authorities to be a dangerous criminal, who could thus be killed without penalty. The term ''caput lupinum'' is first recorded in a law attributed to Edward the Confessor, in the text ''Leges Edwardi Confessoris''. This law stated that a man who refused to answer a summons from the king's justice for a criminal trial would be condemned as a ''Caput lupinum''. The thirteenth-century writer on law, Henry de Bracton, wrote in his book ''De Legibus et Consuetudinibus Angliae'' that outlaws ''"gerunt caput lupinum"''- "bear t ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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Latin Language
Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italy (geographical region), Italian region and subsequently throughout the Roman Empire. Even after the Fall of the Western Roman Empire, fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a fusional language, highly inflected language, with three distinct grammatical gender, genders (masculine, feminine, and neuter), six or seven ...
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Outlaw
An outlaw, in its original and legal meaning, is a person declared as outside the protection of the law. In pre-modern societies, all legal protection was withdrawn from the criminal, so that anyone was legally empowered to persecute or kill them. Outlawry was thus one of the harshest penalties in the legal system. In early Germanic law, the death penalty is conspicuously absent, and outlawing is the most extreme punishment, presumably amounting to a death sentence in practice. The concept is known from Roman law, as the status of ''homo sacer'', and persisted throughout the Middle Ages. A secondary meaning of outlaw is a person who systematically avoids capture by evasion and violence to deter capture. These meanings are related and overlapping but not necessarily identical. A fugitive who is declared outside protection of law in one jurisdiction but who receives asylum and lives openly and obedient to local laws in another jurisdiction is an outlaw in the first meaning but not t ...
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England In The Middle Ages
England in the Middle Ages concerns the history of England during the medieval period, from the end of the 5th century through to the start of the Early Modern period in 1485. When England emerged from the collapse of the Roman Empire, the economy was in tatters and many of the towns abandoned. After several centuries of Germanic immigration, new identities and cultures began to emerge, developing into kingdoms that competed for power. A rich artistic culture flourished under the Anglo-Saxons, producing epic poems such as ''Beowulf'' and sophisticated metalwork. The Anglo-Saxons converted to Christianity in the 7th century and a network of monasteries and convents were built across England. In the 8th and 9th centuries England faced fierce Viking attacks, and the fighting lasted for many decades, eventually establishing Wessex as the most powerful kingdom and promoting the growth of an English identity. Despite repeated crises of succession and a Danish seizure of power at the ...
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Edward The Confessor
Edward the Confessor ; la, Eduardus Confessor , ; ( 1003 – 5 January 1066) was one of the last Anglo-Saxon English kings. Usually considered the last king of the House of Wessex, he ruled from 1042 to 1066. Edward was the son of Æthelred the Unready and Emma of Normandy. He succeeded Cnut the Great's son – and his own half-brother – Harthacnut. He restored the rule of the House of Wessex after the period of Danish rule since Cnut conquered England in 1016. When Edward died in 1066, he was succeeded by his wife's brother Harold Godwinson, who was defeated and killed in the same year by the Normans under William the Conqueror at the Battle of Hastings. Edward's young great-nephew Edgar the Ætheling of the House of Wessex was proclaimed king after the Battle of Hastings in 1066 but was never crowned and was peacefully deposed after about eight weeks. Historians disagree about Edward's fairly long 24-year reign. His nickname reflects the traditional image ...
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Leges Edwardi Confessoris
The title ''Leges Edwardi Confessoris'', or ''Laws of Edward the Confessor'', refers to a collection of laws, purporting to represent English law in the time of Edward the Confessor (reigned 1042–1066), as recited to the Norman invader king William I in 1070, but which was not composed until probably the early years of the reign of King Stephen (r. 1135–1154). Background The issue of continuity and change in post conquest England is a topic of significant debate in scholarship. By 1086, there were very few Englishmen among the 200 or so major landowners recorded in the Domesday Book. Normans, Flemings, Bretons and others had settled on the estates of dead, dispossessed or outlawed English nobility. Contemporary chroniclers were divided, with Henry of Huntingdon writing that the English people had been "delivered pfor destruction by the violent and cunning Norman people", while William of Poitiers lauded the Norman victory at the Battle of Hastings and said the slaughter of ...
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Henry De Bracton
Henry of Bracton, also Henry de Bracton, also Henricus Bracton, or Henry Bratton also Henry Bretton (c. 1210 – c. 1268) was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinibus Angliæ'' ("On the Laws and Customs of England") and his ideas on ''mens rea'' (criminal intent). According to Bracton, it was only through the examination of a combination of action and intention that the commission of a criminal act could be established. He also wrote on kingship, arguing that a ruler should be called king only if he obtained and exercised power in a lawful manner. In his writings, Bracton manages to set out coherently the law of the royal courts through his use of categories drawn from Roman law, thus incorporating into English law several developments of medieval Roman law. Life Plucknett describes Bracton in this way: "Two generations after Ranulf de Glanvill we come to the flower and crown of English jurisprudenc ...
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The Mirror Of Justices
''The Mirror of Justices'', also known in Anglo-Norman as ''Le mireur a justices'' and in Latin as ''Speculum Justitiariorum'', is a law textbook of the early 14th century, written in Anglo-Norman French by Andrew Horn (or Horne). The original manuscript is in the Parker Library, Corpus Christi College, Cambridge (manuscript identifier CCCC MS 258). The work was published in 1642, based on a copy owned by Francis Tate and the Cambridge manuscript. In 1646 it was translated into English and printed together with Anthony Fitzherbert's ''The Diversity of Courts and their Jurisdictions''. This version was republished in 1659 and 1768.. In 1895 the Selden Society published an edition of the work containing the Anglo-Norman text with a parallel English translation, and an extensive introduction by Frederic William Maitland. See also *Norman yoke The Norman yoke is a term denoting the oppressive aspects of feudalism in England, attributed to the impositions of William the Conquer ...
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Felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon. Some common law countries and jurisdictions no longer classify crimes as felonies or misdemeanors and instead use other distinctions, such as by classifying serious crimes as indictable offences and less serious crimes as summary offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by e ...
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Black's Law Dictionary
''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West Publishing, with the full title ''A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems''. A second edition was published in 1910 as ''A Law Dictionary''. Black died in 1927 and future editions were titled ''Black's Law Dictionary''. The sixth and earlier editions of the book additionally provided case citations for the term cited, which was viewed by lawyers as its most useful feature, providing a useful starting point with leading cases. The invention of the Internet made legal res ...
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Outcast (person)
An outcast is someone who is rejected or cast out, as from home or society or in some way excluded, looked down upon, or ignored. In common English speech, an outcast may be anyone who does not fit in with normal society, which can contribute to a sense of isolation. History In Ancient Greece, the Athenians had a procedure known as ostracism in which all citizens could write a person's name on a shard of broken pottery (called ostraka) and place it in a large container in a public place. If an individual's name was written a sufficient number of times, he was ostracized—banished from the city for ten years. This was normally practiced against individuals who had behaved in some way that offended the community. India Outcasts, in the India caste system, are individuals or a group that for some reason were rejected by any other caste. It is contrary to caste system, where even pariahs have their own caste. Foreigners not ruled by the Indian nobility in India and all foreigner ...
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Criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ...
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