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Ius Scriptum
''Lex scripta'' (plural: ''leges scriptae'') is a Latin expression that means "written or statutory law". It is in contrast to '' lex non scripta'', customary or common law. The term originates from the Roman legal tradition. Emperor Justinian divided the ''lex scripta'' into several categories: *Statutes (laws passed by the senate) *Plebiscita (laws passed by the plebeian council) * Senatorial decrees *Decisions of the Emperors *Orders of the magistrates *Answers of jurisconsults ''Lex scripta'' has a lasting effect that can define a legal tradition for a culture such as that found in the '' Corpus Juris Civilis'', Magna Carta, Tang Code, or a country's constitution. See also *List of Latin phrases This is a list of Wikipedia articles of Latin phrases and their translation into English. To view all phrases on a single, lengthy document, see: List of Latin phrases (full). Lists of pages * List of Latin phrases (A) * List of Latin phrases ( ... Latin legal terminology< ...
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Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ...
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Statutory Law
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, wh ...
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Lex Non Scripta
is a Latin expression that means "law not written" or "unwritten law". It is a term that embraces all the laws which do not come under the definition of written law or (i.e. statutory law, created by a governing body). It is composed, principally, of the '' law of nature'', the ''law of nations'', the ''common law'', and ''customary law''. See also * List of Latin phrases * Unspoken rule Unwritten rules, also called unspoken rules, are behavioral constraints imposed in organizations or societies that are not typically voiced or written down. They usually exist in unspoken and unwritten format because they form a part of the logi ... References Latin legal terminology {{Latin-legal-phrase-stub ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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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 (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. 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 Civil law (legal system), legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary. Eastern Europe was also influenced by the jurisprudence of the , especially in countries such as medieval Romania, which created a new legal system comprising a mixture of Roman and local law. After the dissolution of ...
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Emperor Justinian
Justinian I (, ; 48214 November 565), also known as Justinian the Great, was Roman emperor from 527 to 565. His reign was marked by the ambitious but only partly realized '' renovatio imperii'', or "restoration of the Empire". This ambition was expressed by the partial recovery of the territories of the defunct Western Roman Empire. His general, Belisarius, swiftly conquered the Vandal Kingdom in North Africa. Subsequently, Belisarius, Narses, and other generals conquered the Ostrogothic Kingdom, restoring Dalmatia, Sicily, Italy, and Rome to the empire after more than half a century of rule by the Ostrogoths. The praetorian prefect Liberius reclaimed the south of the Iberian Peninsula, establishing the province of Spania. These campaigns re-established Roman control over the western Mediterranean, increasing the Empire's annual revenue by over a million '' solidi''. During his reign, Justinian also subdued the '' Tzani'', a people on the east coast of the Black Sea that had ...
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Senatus Consultum
A (Latin: decree of the senate, plural: ) is a text emanating from the senate in Ancient Rome. It is used in the modern phrase '' senatus consultum ultimum''. Translated into French as , the term was also used during the French Consulate, the First French Empire and the Second French Empire. Republic In the case of the ancient Roman Senate under the Roman Kingdom, it was simply an opinion expressed by the senate, such as the '' Senatus consultum Macedonianum'' or the '' Senatus consultum de Bacchanalibus''. Under the Republic, it referred to a text promulgated by the senate on planned laws presented to the senate by a consul or praetor. Officially these ''consulta'' were merely advice given to the Republic's magistrates, but in practice magistrates often followed them to the letter. Byrd, 44 Despite only being an opinion, it was considered obligatory to have one before submitting the decision to a vote and moreover a hostile ''consultum'' from the senate almost systematical ...
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Roman Magistrate
The Roman magistrates () were elected officials in ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate.Abbott, 8 His power, in practice, was absolute. He was the chief priest, lawgiver, judge, and the sole commander of the army.Abbott, 8Abbott, 15 When the king died, his power reverted to the Roman Senate, which then chose an Interrex to facilitate the election of a new king. During the transition from the Roman Kingdom to Roman Republic, the constitutional balance of power shifted from the executive (the Roman king) to the Roman Senate. When the Roman Republic was founded in 509 BC, the powers that had been held by the king were transferred to the Roman consuls, of which two were to be elected each year. Magistrates of the republic were elected by the people of Rome, and were each vested with a degree of power called "major powers" (''maior potestas'').Abbott, 151 Dictators had more "major powers" than any other ...
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Jurisconsult
A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) 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 attor ...
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Corpus Juris Civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, enacted from 529 to 534 by order of Byzantine Emperor Justinian I. It is also sometimes referred to metonymically after one of its parts, the Code of Justinian. The work as planned had three parts: the ''Code'' (''Codex'') is a compilation, by selection and extraction, of imperial enactments to date; the ''Corpus Juris Civilis#Digesta, Digest'' or ''Pandects'' (the Latin title contains both ''Digesta'' and ''Pandectae'') is an encyclopedia composed of mostly brief extracts from the writings of Roman jurists; and the ''Institutes'' (''Institutiones'') is a student textbook, mainly introducing the ''Code'', although it has important conceptual elements that are less developed in the ''Code'' or the ''Digest''. All three parts, even the textbook, were given force of law. They were intended to be, together, the sole source of law; referen ...
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Magna Carta
(Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons who demanded that the King confirm the Charter of Liberties, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift and impartial justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood by their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War. After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of th ...
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