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Jus Commune
''Jus commune'' or ''ius commune'' is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the ''ius commune'' was a secure point of reference in continental European legal systems, in England it was not a point of reference at all. (''Ius commune'' is distinct from the term " common law" meaning the Anglo-American family of law as opposed to the civil law family.) The phrase "the common law of the civil law systems" means those underlying laws that create a distinct legal system and are common to all its elements. Etymology The ', in its historical meaning, is commonly thought of as a combination of canon law and Roman law which formed the basis of a common system of legal thought in Western Europe from the rediscovery and reception of Justinian's Digest in the 12th and 13th centuries. In addition to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 administrative subdivisions or local authorities, known as council areas. Glasgow City is the largest council area in terms of population, with Highland being the largest in terms of area. Limited self-governing power, covering matters such as education, social services and roads and transportation, is devolved from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law Legal Terminology
{{disambiguation ...
Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a member of armed forces *Civil law (other), multiple meanings *Civil liberties *Civil religion *Civil service *Civil society *Civil war *Civil (surname) Civil is a surname. Notable people with the surname include: *Alan Civil (1929–1989), British horn player *François Civil (born 1989), French actor * Gabrielle Civil, American performance artist *Karen Civil (born 1984), American social media an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal History
Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilisations and operates in the wider context of social history. Certain jurists and historians of legal process have seen legal history as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts; some consider legal history a branch of intellectual history. Twentieth-century historians viewed legal history in a more contextualised manner - more in line with the thinking of social historians. They have looked at legal institutions as complex systems of rules, players and symbols and have seen these elements interact with society to change, adapt, resist or promote certain aspects of civil society. Such legal historians have tended to analyse case histories from the parameters of social-science inquiry, using ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin Legal Terminology
Latin (, or , ) is a classical language belonging to the 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 Italian region and subsequently throughout the Roman Empire. Even after the 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 highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. '' Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons ( natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jarkko Tontti
Jarkko Olavi Tontti (born 9 December 1971) is a Finnish novelist, poet, essayist and lawyer. He is former member of PEN International PEN International (known as International PEN until 2010) is a worldwide association of writers, founded in London in 1921 to promote friendship and intellectual co-operation among writers everywhere. The association has autonomous Internatio ... Executive Board and former president of Finnish PEN. Tontti studied law, philosophy and literature at the universities of Helsinki, Edinburgh, Berlin and Brussels. Doctor of Laws 2002. He has published collections of poems, novels and essays. His first poetry collection ''Vuosikirja'' (''Book of Years'', 2006) won the Kalevi Jäntti literature prize for young authors. Tontti has worked in the Ministry of Justice, Ministry of Foreign Affairs, Local Court of Espoo, in the Parliament of Finland and at the University of Helsinki. He is a specialist in philosophy of law, freedom of expresion law and copy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Selden Society
The Selden Society is a learned society and registered charity concerned with the study of English legal history. It functions primarily as a text publication society, but also undertakes other activities to promote scholarship within its sphere of interest. It is the only learned society wholly devoted to the topic of English legal history. The society takes its name from the eminent English jurist and legal and constitutional scholar, John Selden (1584–1654). History and activities The society was founded in 1887 by a group which included F. W. Maitland, who served as its first literary editor and personally edited eight volumes for the Society. The Society's first years were rocky: its treasurer, P. E. Dove, committed suicide in 1894, leaving behind a deficit of £1,000. Its principal activity is publishing historical records of English law. Since its inception, a volume of significant texts has been published every year. It also publishes a supplementary series. The c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Home, 1st Earl Of Dunbar
George Home, 1st Earl of Dunbar, KG, PC (ca. 155620 January 1611) was, in the last decade of his life, the most prominent and most influential Scotsman in England. His work lay in the King's Household and in the control of the State Affairs of Scotland and he was the King's chief Scottish advisor. With the full backing and trust of King James he travelled regularly from London to Edinburgh via Berwick-upon-Tweed. In Scotland Home was the third son of Sir Alexander Home of Manderston, Berwickshire, by his spouse Janet, daughter of George Home of Spott. He was introduced, at the age of 26, to the Court of sixteen-year-old James VI by a relative, Alexander Home, 6th Lord Home. Establishing himself as a favourite, he was in the retinue which accompanied King James VI to Norway and Denmark to collect his future Queen. James Melville of Halhill mentions that Home did not sail with the king, but in one of three other ships, along with Lewis Bellenden, John Carmichael, the Provost o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Dalrymple, 1st Viscount Of Stair
James Dalrymple, 1st Viscount Stair (May 1619 – 29 November 1695), Scottish lawyer and statesman, and a key influence on the Scottish Enlightenment. He was a leading figure of Scottish law, “and also one of the greatest thinkers on law across Europe has ever produced.” According to Alexander Broadie, Professor of Logic and Rhetoric at Glasgow University, in his book ''The Scottish Enlightenment'', the first Scottish enlightenment began Post Reformation in the 15th century, with figures such as John Mair (1467-1550), James Dalrymple (1619-1695), Duns Scotus (1265-1308), George Buchanan (1506-1582) and many others. These scholars were predominately educated at Paris university and then returned to teach at Scotland’s ancient universities – St Andrews, Aberdeen, and Glasgow. “Dalrymple graduated from Glasgow university in 1647 and was regent in arts there from 1641 until 1647. The following year he became an advocate and thereafter was appointed a judge. From 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law Of England
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 law ori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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