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Ius
__NOTOC__ ''Ius'' or ''Jus'' (Latin, plural ''iura'') in ancient Rome was a right to which a citizen (''civis'') was entitled by virtue of his citizenship ('' civitas''). The ''iura'' were specified by laws, so ''ius'' sometimes meant law. As one went to the law courts to sue for one's rights, ''ius'' also meant justice and the place where justice was sought. On the whole, the Romans valued their rights as the greatest good of Roman citizenship (''civitas romana''), as opposed to citizenship in other city-states under the jurisdiction of Rome but without Roman rights. Outsiders (''peregrini'') and freedmen (''libertini'') perforce used Roman lawyers to represent them in actions undertaken under the jurisdiction of Roman law. Representation was one of the civic obligations (''munera'') owed to the state by citizens. These ''munera'' (on which account the citizens were ''municipes'') included military service as well as paying taxes, but specialized obligations might also be associ ...
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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 ( ...
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Canon Law (Catholic Church)
The canon law of the Catholic Church ("canon law" comes from Latin ') is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches ''.'' Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executive, and judicial power in his person, or by the College of Bishops acting in communion with the ...
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Ius Ad Rem
Jus ad rem is a Latin term of the civil law, meaning "a right to a thing:" that is, a right exercisable by one person over a particular article of property in virtue of a contract or obligation incurred by another person in respect to it and which is enforceable only against or through such other person. It is thus distinguished from ''jus in re Ius in re, or jus in re, under civil law, more commonly referred to as a real right or right '' in rem'', is a right in property, known as an interest under common law. A real right vests in a person with respect to property, inherent in his relati ...'' which is a complete and absolute dominion over a thing available against all persons. :The disposition of contemporary civil law jurists is to use the term ''jus ad rem'' as descriptive of a right without possession, and ''jus in re'' as descriptive of a right accompanied by possession. Or, in a somewhat wider sense, the former denotes an inchoate or incomplete right to a thing; the latter, ...
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Roman Empire
The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterranean Sea in Europe, North Africa, and Western Asia, and was ruled by emperors. From the accession of Caesar Augustus as the first Roman emperor to the military anarchy of the 3rd century, it was a Principate with Italia as the metropole of its provinces and the city of Rome as its sole capital. The Empire was later ruled by multiple emperors who shared control over the Western Roman Empire and the Eastern Roman Empire. The city of Rome remained the nominal capital of both parts until AD 476 when the imperial insignia were sent to Constantinople following the capture of the Western capital of Ravenna by the Germanic barbarians. The adoption of Christianity as the state church of the Roman Empire in AD 380 and the fall of the Western ...
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Praetor's Edict
The Praetor's Edict ''(Edictum praetoris)'' in ancient Roman law was an annual declaration of principles made by the new ''praetor urbanus'' – the elected magistrate charged with administering justice within the city of Rome.Such Edicts were also issued by the ''Praetor peregrinus'' and by the Aediles. During the early Empire the Praetor's Edict was revised to become the Edictum perpetuum. Legality The incoming praetor by his edict laid out legal principles he intended to follow when making judicial decisions during his year in office. To some degree the new praetor had sufficient discretion to modify the existing edict of the former praetor. Many years the new praetor would simply adopt and so continue the contents of edict he "inherited" from his predecessor. Praetors often did not possess any special expertise in law, but rather were successful politicians. So, in deciding whether or not to augment or otherwise modify the edict, the new praetor would usually consult with Roman ...
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Twelve Tables
The Laws of the Twelve Tables was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornblower, Antony Spawforth, and Esther Eidinow (eds.) ''Oxford Classical Dictionary'' (4th ed.) In the Forum, "The Twelve Tables" stated the rights and duties of the Roman citizen. Their formulation was the result of considerable agitation by the plebeian class, who had hitherto been excluded from the higher benefits of the Republic. The law had previously been unwritten and exclusively interpreted by upper-class priests, the pontifices. Something of the regard with which later Romans came to view the Twelve Tables is captured in the remark of Cicero (106–43 BC) that the "Twelve Tables...seems to me, assuredly to surpass the libraries of all the philosophers, both in weight of authority, and in plenitude of utility". Cicero scarcely exagg ...
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Tacitus
Publius Cornelius Tacitus, known simply as Tacitus ( , ; – ), was a Roman historian and politician. Tacitus is widely regarded as one of the greatest Roman historiography, Roman historians by modern scholars. The surviving portions of his two major works—the Annals (Tacitus), ''Annals'' (Latin: ''Annales'') and the Histories (Tacitus), ''Histories'' (Latin: ''Historiae'')—examine the reigns of the Roman emperor, emperors Tiberius, Claudius, Nero, and those who reigned in the Year of the Four Emperors (69 AD). These two works span the history of the Roman Empire from the death of Augustus (14 AD) to the death of Domitian (96 AD), although there are substantial Lacuna (manuscripts), lacunae in the surviving texts. Tacitus's other writings discuss Public speaking, oratory (in dialogue format, see ''Dialogus de oratoribus''), Germania (in Germania (book), ''De origine et situ Germanorum''), and the life of his father-in-law, Gnaeus Julius Agricola, Agricola (t ...
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Charlemagne
Charlemagne ( , ) or Charles the Great ( la, Carolus Magnus; german: Karl der Große; 2 April 747 – 28 January 814), a member of the Carolingian dynasty, was King of the Franks from 768, King of the Lombards from 774, and the first Holy Roman Emperor, Emperor of the Romans from 800. Charlemagne succeeded in uniting the majority of Western Europe, western and central Europe and was the first recognized emperor to rule from western Europe after the fall of the Western Roman Empire around three centuries earlier. The expanded Frankish state that Charlemagne founded was the Carolingian Empire. He was Canonization, canonized by Antipope Paschal III—an act later treated as invalid—and he is now regarded by some as Beatification, beatified (which is a step on the path to sainthood) in the Catholic Church. Charlemagne was the eldest son of Pepin the Short and Bertrada of Laon. He was born before their Marriage in the Catholic Church, canonical marriage. He became king of the ...
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Julius Paulus Prudentissimus
Julius Paulus ( el, Ἰούλιος Παῦλος; fl. 2nd century and 3rd century AD), often simply referred to as Paul in English, was one of the most influential and distinguished Roman jurists. He was also a praetorian prefect under the Roman Emperor Alexander Severus. Life Little is known of the life and family of Paulus; he was a man of Greek descent, who originated from an unknown Phoenician town or from Patavium (modern Padua Italy). The possibility that Paulus could come from Patavium is based on a statue with an inscription found in Patavium dedicated to a Paulus. During the reign of emperors Septimius Severus and Caracalla, Paulus served as a jurist. He was exiled by the emperor Elagabalus and recalled from exile by his successor, emperor Alexander Severus. Severus and his mother Julia Avita Mamaea in 222, appointed him among the emperor's chief advisers and between 228 and 235, he was the Praetorian prefect of the Praetorian Guard. Paulus was a contemporary of the ju ...
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Publius Juventius Celsus
Publius Juventius Celsus Titus Aufidius Hoenius Severianus (AD 67– AD 130) — the son of a little-known jurist of the same name, hence also Celsus filius — was, together with Julian, the most influential ancient Roman jurist of the High Classical era. Public life Celsus was presumably born in upper Italy, where the ''gentilicium'' of '' Juventius'' was common and where senatorial Juventii can also be found. In either 106 or 107, Celsus was praetor. In 114/115 he was governor of Thracia, and afterwards he became suffect consul for the ''nundinium'' of May to August 115 as the colleague of Lucius Julius Frugi. Celsus held the office of consul the second time as ''consul ordinarius'' for the year 129 with Lucius Neratius Marcellus as his colleague. He achieved the apex of a successful senatorial career when he became proconsul of Asia in 129/130.Werner Eck, "Jahres- und Provinzialfasten der senatorischen Statthalter von 69/70 bis 138/139", ''Chiron'', 13 (1983), pp. 167f As ...
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Civitas
In Ancient Rome, the Latin term (; plural ), according to Cicero in the time of the late Roman Republic, was the social body of the , or citizens, united by law (). It is the law that binds them together, giving them responsibilities () on the one hand and rights of citizenship on the other. The agreement () has a life of its own, creating a or "public entity" (synonymous with ), into which individuals are born or accepted, and from which they die or are ejected. The is not just the collective body of all the citizens, it is the contract binding them all together, because each of them is a . is an abstract formed from . Claude Nicolet traces the first word and concept for the citizen at Rome to the first known instance resulting from the synoecism of Romans and Sabines presented in the legends of the Roman Kingdom. According to Livy, the two peoples participated in a ceremony of union after which they were named Quirites after the Sabine town of Cures. The two groups bec ...
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Right Of Survivorship
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminology for co-owners of real estate is either co-tenants or joint tenants, with the latter phrase signifying a right of survivorship. Most common law jurisdictions recognize tenancies in common and joint tenancies. Many jurisdictions also recognize tenancies by the entirety, which is effectively a joint tenancy between married persons. Many jurisdictions refer to a joint tenancy as a joint tenancy with right of survivorship, but they are the same, as every joint tenancy includes a right of survivorship. In contrast, a tenancy in common does not include a right of survivorship. The type of co-ownership does not affect the right of co-owners to sell their fractional interest in the property to others during their lifetimes, but it does affect ...
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