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Interdictum De Homine Libero Exhibendo
The ''interdictum de homine libero exhibendo'' was a form of interdictum in Roman law ordering a man who unlawfully holds a free man as a slave to produce this man in court. In modern Roman-Dutch law it has been developed into a mechanism to challenge unlawful detention, equivalent to the writ of ''habeas corpus'' in English common law. Ancient Rome The Favian law (lex Fabi) made the purchase, sale, donation, or acceptance of a freeman, if done wittingly, a capital crime; and the pecuniary penalty provided by that law having fallen out of practice, those guilty of "plagiary", or man-stealing (which appears to have been a common offence, both as regarded slaves and freemen) were condemned to the mines for the delictum, a fine of twenty aurei, amputation of the hand, etc. The Salic law provided that nobles guilty of plagiary should be scourged and imprisoned, slaves and freedmen exposed to the beasts, and freemen decapitated. Roman-Dutch law In South Africa and other countrie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interdictum
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Decapitation
Decapitation or beheading is the total separation of the head from the body. Such an injury is invariably fatal to humans and most other animals, since it deprives the brain of oxygenated blood, while all other organs are deprived of the involuntary functions that are needed for the body to function. The term ''beheading'' refers to the act of deliberately decapitating a person, either as a means of murder or as an execution; it may be performed with an axe, sword, knife, machete or by mechanical means such as a guillotine or chainsaw. An executioner who carries out executions by beheading is sometimes called a headsman. Accidental decapitation can be the result of an explosion, a car or industrial accident, improperly administered execution by hanging or other violent injury. Suicide by decapitation is rare but not unknown. The national laws of Saudi Arabia, Yemen, and Qatar permit beheading; however, in practice, Saudi Arabia is the only country that continues to behead i ... [...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 conjuga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill Of Rights (South Africa)
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments, and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons. South Africa's first bill of rights was drafted primarily by Kader Asmal and Albie Sachs in 1988 from Asmal's home in Dublin, Ireland. The text was eventually contained in Chapter 3 of the transitional Constitution of 1993, which was drawn up as part of the negotiations to end apartheid. This "interim Bill of Rights", which came into force on 27 April 1994 (the date of the first non-racial election), was largely limited to civil and political rights (negative r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prima Facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. Burde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Superior Court
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts (see court of appeal). For courts of general jurisdiction in civil law system, see ordinary court. Etymology The term "superior court" has its origins in the English court system. The royal courts were the highest courts in the country, with what would now be termed supervisory jurisdiction over baronial and local courts. Decisions of those courts could be reviewed by the royal courts, as part of the Crown's role as the ultimate fountain of justice. The royal courts became known as the "superior courts", and lower courts whose decisions could be reviewed by the royal c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damnatio Ad Bestias
''Damnatio ad bestias'' (Latin for "condemnation to beasts") was a form of Roman capital punishment where the condemned person was killed by wild animals, usually lions or other big cats. This form of execution, which first appeared during the Roman Republic around the 2nd century BC, had been part of a wider class of blood sports called ''Bestiarii''. The act of ''damnatio ad bestias'' was considered a common form of entertainment for the lower class citizens of Rome (plebeians). Killing by wild animals, such as Barbary lions, formed part of the inaugural games of the Flavian Amphitheatre in AD 80. Between the 1st and 3rd centuries AD, this penalty was also applied to the worst of criminals, runaway slaves, and Christians. History The exact purpose of the early ''damnatio ad bestias'' is not known and might have been a religious sacrifice rather than a legal punishment, especially in the regions where lions existed naturally and were revered by the population, such as Africa, ... [...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] |
Salic Law
The Salic law ( or ; la, Lex salica), also called the was the ancient Frankish civil law code compiled around AD 500 by the first Frankish King, Clovis. The written text is in Latin and contains some of the earliest known instances of Old Dutch. It remained the basis of Frankish law throughout the early Medieval period, and influenced future European legal systems. The best-known tenet of the old law is the principle of exclusion of women from inheritance of thrones, fiefs, and other property. The Salic laws were arbitrated by a committee appointed and empowered by the King of the Franks. Dozens of manuscripts dating from the sixth to eighth centuries and three emendations as late as the ninth century have survived. Salic law provided written codification of both civil law, such as the statutes governing inheritance, and criminal law, such as the punishment for murder. Although it was originally intended as the law of the Franks, it has had a formative influence on the trad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amputation
Amputation is the removal of a limb by trauma, medical illness, or surgery. As a surgical measure, it is used to control pain or a disease process in the affected limb, such as malignancy or gangrene. In some cases, it is carried out on individuals as a preventive surgery for such problems. A special case is that of congenital amputation, a congenital disorder, where fetal limbs have been cut off by constrictive bands. In some countries, amputation is currently used to punish people who commit crimes. Amputation has also been used as a tactic in war and acts of terrorism; it may also occur as a war injury. In some cultures and religions, minor amputations or mutilations are considered a ritual accomplishment. When done by a person, the person executing the amputation is an amputator. The oldest evidence of this practice comes from a skeleton found buried in Liang Tebo cave, East Kalimantan, Indonesian Borneo dating back to at least 31,000 years ago, where it was done when ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
