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Ius Strictum
''Ius strictum'' means "strict law", or law interpreted without any modification and in its utmost rigor. It is a very rare term in the materials of classical Roman law. It is really a Byzantine term, occurring in Justinian’s Institutes in reference to the strict actions of the law, primarily describing the rigid limitations of the forms of action available under the law, particularly with older laws. It is often used by later commentators to distinguish it from the moderating influence of the praetors, or judges who expanded the law through actions ''ex fida bona'', or what we would now call equity. See also *''Ius'' *'' Ius scriptum'' *Letter and spirit of the law *Pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ... ReferencesBlack's Law Dictionary (Second Edition 1910) (p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
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 f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Byzantine Law
Byzantine law was essentially a continuation of Roman law with increased Orthodox Christian and Hellenistic influence. Most sources define ''Byzantine law'' as the Roman legal traditions starting after the reign of Justinian I in the 6th century and ending with the Fall of Constantinople in the 15th century. Although future Byzantine codes and constitutions derived largely from Justinian's ''Corpus Juris Civilis'', their main objectives were idealistic and ceremonial rather than practical. Following Hellenistic and Near-Eastern political systems, legislations were tools to idealize and display the sacred role and responsibility of the emperor as the holy monarch chosen by God and the incarnation of law "'' nómos émpsychos"'', thus having philosophical and religious purposes that idealized the perfect Byzantine king. Though during and after the European Renaissance Western legal practices were heavily influenced by ''Justinian's Code'' (the ''Corpus Juris Civilis'') and Roman ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justinian I
Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is 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 ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Institutes Of Justinian
The ''Institutes'' ( la, Institutiones) is a component of the ''Corpus Juris Civilis'', the 6th-century codification of Roman law ordered by the Byzantine emperor Justinian I. It is largely based upon the ''Institutes'' of Gaius, a Roman jurist of the second century A.D. The other parts of the ''Corpus Juris Civilis'' are the ''Digest'', the ''Codex Justinianus'', and the ''Novellae Constitutiones'' ("New Constitutions" or "Novels"). Drafting and publication Justinian's Institutes was one part of his effort to codify Roman law and to reform legal education, of which the Digest also was a part. Whereas the Digest was to be used by advanced law students, Justinian's Institutes was to be a textbook for new students. The need for a new text for first year students was addressed as early as 530 in the constitution "Deo auctore," where reference is made to something "...which may be promulgated to replace the elementary works, so that the raw intelligence of the student, nourished by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Praetor
Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge various duties. The functions of the magistracy, the ''praetura'' (praetorship), are described by the adjective: the ''praetoria potestas'' (praetorian power), the ''praetorium imperium'' (praetorian authority), and the ''praetorium ius'' (praetorian law), the legal precedents established by the ''praetores'' (praetors). ''Praetorium'', as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his '' castra'', the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship. History of the title The status of the ''praetor'' in the early republic is unclear. The traditional account from Livy claims that the praetorship was created by the Sextian-Licinian Rogat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Fida Bona
''Ex fida bona'' is a Latin phrase for the principle of Roman law that a judge is to premise his judgement on "good business norms" and that parties to a contract are to satisfy their contractual obligations, thus permitting the parties to trust each other. A contract should be according to the branch norms unless otherwise expressly provided. The principle was a condition for permanent trading relations during the ancient Roman Republic: in the second century BC the Roman praetors began applying the principle while commerce in the Mediterranean The Mediterranean Sea is a sea connected to the Atlantic Ocean, surrounded by the Mediterranean Basin and almost completely enclosed by land: on the north by Western Europe, Western and Southern Europe and Anatolia, on the south by North Africa ... increased. Latin legal terminology {{Latin-legal-phrase-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (legal Concept)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ius Scriptum
''Lex scripta'' pl. ''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 divides the ''lex scripta'' into several categories: *Statutes *Plebiscita *Senatorial Decrees *The 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 __NOTOC__ 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)'' The list also is divided alphabetically into twenty pag ... Latin legal terminology {{Latin-legal-phrase-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letter And Spirit Of The Law
The letter of the law and the spirit of the law are two possible ways to regard rules, or laws. To obey the letter of the law is to follow the literal reading of the words of the law, whereas following the spirit of the law means enacting the intent behind the law. Although it is usual to follow both the letter and the spirit, the two are commonly referenced when they are in opposition. "Law" originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished through exploiting technicalities, loopholes, and ambiguous language. Rules as written (RAW) versus rules as intended (RAI) is a similar expression originating from the tabletop role-playing game community. Legal research Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction. Pardons are sometimes seen as a mechanism for combating corruption, allowing a par ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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