Jus Gentium
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Jus Gentium
The '' ius gentium'' or ''jus gentium'' (Latin for "law of nations") is a concept of international law within the ancient Roman legal system and Western law traditions based on or influenced by it. The ''ius gentium'' is not a body of statute law nor a legal code, but rather customary law thought to be held in common by all ''gentes'' ("peoples" or "nations") in "reasoned compliance with standards of international conduct". Following the Christianization of the Roman Empire, canon law also contributed to the European ''ius gentium''. By the 16th century, the shared concept of the ''ius gentium'' disintegrated as individual European nations developed distinct bodies of law, the authority of the Pope declined, and colonialism created subject nations outside the West. Roman law In classical antiquity, the ''ius gentium'' was regarded as an aspect of natural law ''(ius naturale)'', as distinguished from civil law ''(ius civile)''. The jurist Gaius defined the ''ius gentium'' as wha ...
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Latin
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 conjuga ...
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Ius Civile
Roman law is the 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, 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 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 (963–1806). Roman law thus served as a basis for legal p ...
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Property Rights
The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons (i.e. corporations) and where it is used for production rather than consumption. A right to property is recognised in Article 17 of the Universal Declaration of Human Rights, but it is not recognised in the International Covenant on Civil and Political Rights or the International Covenant on Economic, Social and Cultural Rights. The European Convention on Human Rights, in Protocol 1, article 1, acknowledges a right for natural and legal persons to "peaceful enjoyment of his possessions", subject to the "general interest or to secure the payment of taxes." Definition The right to property is one of the most controversial human rights, both in terms of its existence and inte ...
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Slavery In Ancient Rome
Slavery in ancient Rome played an important role in society and the economy. Besides manual labour, slaves performed many domestic services and might be employed at highly skilled jobs and professions. Accountants and physicians were often slaves. Slaves of Greek origin in particular might be highly educated. Unskilled slaves, or those sentenced to slavery as punishment, worked on farms, in mines, and at mills. Slaves were considered property under Roman law and had no legal personhood. Most slaves would never be freed. Unlike Roman citizens, they could be subjected to corporal punishment, sexual exploitation (prostitutes were often slaves), torture and summary execution. Over time, however, slaves gained increased legal protection, including the right to file complaints against their masters. One major source of slaves had been Roman military expansion during the Republic. The use of former enemy soldiers as slaves led perhaps inevitably to a series of ''en masse'' armed rebel ...
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Ulpian
Ulpian (; la, Gnaeus Domitius Annius Ulpianus; c. 170223? 228?) was a Roman jurist born in Tyre. He was considered one of the great legal authorities of his time and was one of the five jurists upon whom decisions were to be based according to the Law of Citations of Valentinian III. Biography The exact time and place of his birth are unknown, but the period of his literary activity was between AD 211 and 222. He made his first appearance in public life as assessor in the auditorium of Papinian and member of the council of Septimius Severus; under Caracalla he was master of the requests (''magister libellorum''). Elagabalus (also known as Heliogabalus) banished him from Rome, but on the accession of Severus Alexander (222) he was reinstated, and finally became the emperor's chief adviser and ''Praefectus Praetorio''. During the Severan dynasty, the position of Praetorian prefect in Italy came increasingly to resemble a general administrative post, and there was a tendency to ap ...
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Jurist
A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the United Kingdom the term "jurist" is mostly used for legal academics, while in the United States the term may also be applied to a judge. With reference to Roman law, a "jurist" (in English) is a jurisconsult (''iurisconsultus''). The English term ''jurist'' is to be distinguished from similar terms in other European languages, where it may be synonymous with legal professional, meaning anyone with a professional law degree that qualifies for admission to the legal profession, including such positions as judge or attorney. In Germany, Scandinavia and a number of other countries ''jurist'' denotes someone with a professional law degree, and it may be a protected title, for example in Norway. Thus the term can be applied to attorneys, judges an ...
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Clifford Ando
Clifford Ando (born 1969) is an American classicist who specializes in Roman law and religion. His work deals primarily with law, religion, and government in the Imperial era, particularly issues of Roman citizenship, legal pluralism, and legal procedure. In the history of law, his work addresses the relations among civil law, public law, and international law. Ando is a professor in the Department of Classics, History and Law and in the College at the University of Chicago. He is a research fellow in the Department of Classics and World Languages at the University of South Africa, and the recipient of several fellowships, grants, and prizes. He has held fellowship and visiting professorships in Canada, France, Germany, New Zealand, and South Africa. He earned his bachelor's degree from Princeton University in 1990, and his doctorate from the University of Michigan in 1996. In 2008, he was among faculty members who questioned the establishment of the Milton Friedman Institute a ...
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Roman Citizen
Citizenship in ancient Rome (Latin: ''civitas'') was a privileged political and legal status afforded to free individuals with respect to laws, property, and governance. Citizenship in Ancient Rome was complex and based upon many different laws, traditions, and cultural practices. There existed several different types of citizenship, determined by one's gender, class, and political affiliations, and the exact duties or expectations of a citizen varied throughout the history of the Roman Empire. History The oldest document currently available that details the rights of citizenship is the Twelve Tables, ratified c. 449 BC. Much of the text of the Tables only exists in fragments, but during the time of Ancient Rome the Tables would be displayed in full in the Roman Forum for all to see. The Tables detail the rights of citizens in dealing with court proceedings, property, inheritance, death, and (in the case of women) public behavior. Under the Roman Republic, the government conducte ...
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De Officiis
''De Officiis'' (''On Duties'' or ''On Obligations'') is a political and ethical treatise by the Roman orator, philosopher, and statesman Marcus Tullius Cicero written in 44 BC. The treatise is divided into three books, in which Cicero expounds his conception of the best way to live, behave, and observe moral obligations. The work discusses what is honorable (Book I), what is to one's advantage (Book II), and what to do when the honorable and one's private interest apparently conflict (Book III). In the first two books Cicero was heavily influenced by the Stoic philosopher Panaetius, but wrote more independently for the third book. In addition to being a central component of liberal education for centuries, the work was held in high regard among many prolific philosophers and statesman including Augustine, Thomas Aquinas, Hugo Grotius, Montesquieu, Voltaire, and the American Founding Fathers. ''De Officiis'', along with Xenophon's ''Cyropaedia,'' are considered among the foundati ...
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Mos Maiorum
The ''mos maiorum'' (; "ancestral custom" or "way of the ancestors," plural ''mores'', cf. English "mores"; ''maiorum'' is the genitive plural of "greater" or "elder") is the unwritten code from which the ancient Romans derived their social norms. It is the core concept of Roman traditionalism, distinguished from but in dynamic complement to written law. The ''mos maiorum'' was collectively the time-honoured principles, behavioural models, and social practices that affected private, political, and military life in ancient Rome. Family and society The Roman family (the '' familia'', better translated as "household" than "family") was hierarchical, as was Roman society. These hierarchies were traditional and self-perpetuating, that is, they supported and were supported by the ''mos maiorum''. The ''pater familias'', or head of household, held absolute authority over his ''familia'', which was both an autonomous unit within society and a model for the social order, but he was expecte ...
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Cicero
Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, and academic skeptic, who tried to uphold optimate principles during the political crises that led to the establishment of the Roman Empire. His extensive writings include treatises on rhetoric, philosophy and politics, and he is considered one of Rome's greatest orators and prose stylists. He came from a wealthy municipal family of the Roman equestrian order, and served as consul in 63 BC. His influence on the Latin language was immense. He wrote more than three-quarters of extant Latin literature that is known to have existed in his lifetime, and it has been said that subsequent prose was either a reaction against or a return to his style, not only in Latin but in European languages up to the 19th century. Cicero introduced into Latin the arguments of the chief schools of Hellenistic philosophy and created a Latin philosophical vocabulary ...
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Stoic Philosophy
Stoicism is a school of Hellenistic philosophy founded by Zeno of Citium in Athens in the early 3rd century BCE. It is a philosophy of personal virtue ethics informed by its system of logic and its views on the natural world, asserting that the practice of virtue is both necessary and sufficient to achieve (happiness, ): one flourishes by living an ethical life. The Stoics identified the path to with a life spent practicing the cardinal virtues and living in accordance with nature. The Stoics are especially known for teaching that "virtue is the only good" for human beings, and that external things, such as health, wealth, and pleasure, are not good or called in themselves (''adiaphora'') but have value as "material for virtue to act upon". Alongside Aristotelian ethics, the Stoic tradition forms one of the major founding approaches to virtue ethics. The Stoics also held that certain destructive emotions resulted from errors of judgment, and they believed people should aim t ...
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