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__NOTOC__ ''Ius'' or ''Jus'' (
Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the Roman Republic, it became ...

Latin
, plural ''iura'') in
ancient Rome In historiography Historiography is the study of the methods of historian ( 484– 425 BC) was a Greek historian who lived in the 5th century BC and one of the earliest historians whose work survives. A historian is a person who stud ...
was a right to which a citizen (''civis'') was entitled by virtue of his citizenship (''
civitas In the history of Rome , established_title = Founded , established_date = 753 BC , founder = King Romulus , image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg , m ...
''). The ''iura'' were specified by laws, so ''ius'' sometimes meant law. As one went to the law courts to sue for one's rights, ''ius'' also meant justice and the place where justice was sought. On the whole, the Romans valued their
rights Rights are legal Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is desc ...
as the greatest good of Roman citizenship (''civitas romana''), as opposed to citizenship in other city-states under the jurisdiction of Rome but without Roman rights. Outsiders (''peregrini'') and freedmen (''libertini'') perforce used Roman lawyers to represent them in actions undertaken under the jurisdiction of Roman law. Representation was one of the civic obligations ('' munera'') owed to the state by citizens. These ''munera'' (on which account the citizens were ''municipes'') included military service as well as paying taxes, but specialized obligations might also be associated with functions of elected offices or assigned by the government, such as paying the cost of road or aqueduct maintenance. Some of these functions were highly lucrative, such as tax collecting, since the collector collected much more than he owed the government, but for the most part functionaries were appointed for their wealth and were expected to assume the costs as their ''munus''. If they did not, they were tried and sometimes executed. Violation of the ''iura'' of other citizens, whether in office or out, was a serious matter, for which the punishment might be death.


Meanings of ''ius''

''Ius'' in ancient Roman law had two principal meanings, which are still reflected in French ''droit'', German ''Recht'', English ''right'' and Castilian ''derecho''. Ferdinand Mackeldy, 19th-century jurist, analyzed them into two principles: ''ius'' is the law, a set of compulsory rules (''Jus est norma agendi'', "law is a rule of conduct"), which he called objective or positive law, and a set of possibilities to act (''Jus est facultas agendi'', "law is a license to act"), which he called subjective law, or duties.


''Aequum et bonum''

''Ius'' was defined by the jurists
Publius Juventius Celsus Publius Juventius Celsus Titus Aufidius Hoenius Severianus (AD 67– AD 130) — the son of a little-known jurist of the same name, hence also Celsus filius — was, together with Julian, the most influential ancient Roman In historiography ...
and
Julius Paulus Prudentissimus Julius Paulus ( el, Ἰούλιος Παῦλος; fl. 2nd century and 3rd century AD), often simply referred to as Paul in English, was one of the most influential and distinguished Roman jurists. He was also a praetorian prefect The praetorian ...
as the ''aequum et bonum'', "the just and the fair", or justice. Jurisprudence was the art of bringing it about through application of the laws; thus ''ius'' was law in the abstract, as in the English usage of the term "the law". ''Iura'' were "the whole of laws" (''iura populi Romani''), not a list of all the laws, but the very principle of legality, which might be applied through this law or by the magistrates and lawyers of Rome through disputation in the law courts. ''Ius'' might be something less than the whole body of law when special fields were designated by an adjective, such as ''ius publicum'', "public law," as opposed to private law. The actual laws (''leges''), or written statutes, were only the specific tools through which ''ius'' was applied. ''Ius'' was the law in its broadest sense or its ideal state, above and unaffected by the contingent decrees that the state happened to enact—hence the distinction between the English terms justice and legislation.


''Jura et potestates''

''Ius'' as the law was generally the domain of Roman aristocrats, from whose ranks the magistrates were chosen and who often defended clients in court. On a more practical basis, the populace of Rome daily encountered the primary meaning of ''ius''. They understood that they had rights. Furthermore, these rights could be named and enumerated in formulae beginning with the word ''ius'' followed by a descriptive phrase, most often in the genitive case: "the right of ...." Black defines ''ius'' in the sense of a right as "a power, privilege, faculty, or demand inherent in one person and incident upon another." This power, or ''potestas'', was a license governing behavior between persons granted by the constitution. It determined what one citizen or group of citizens could or could not do regarding another; i.e., ''potestas'' is to be translated as authority, which the possession of ''iura'' gave to individuals. One might act socially ''sui iuris'', on one's own authority, asserting one's own right, or on behalf of another, ''alieni iuris'', in response to a demand to serve his right by being under his authority. This was the principle binding soldiers in the army: the consul, or a commander of some other rank, had a right to demand public service of citizens in the army, who were then under his authority. The magistrates thus had the right and power to draft men into the army at any time, but this demand was never a private affair; the males were lawfully assembled and selections were made by the commanders of the units. Typically, the right to raise a legion from a given populace for a specified purpose under the
Roman Republic The Roman Republic ( la, Rēs pūblica Rōmāna ) was a state of the classical Roman civilization, run through public In public relations Public relations (PR) is the practice of managing and disseminating information from an indiv ...
had to be granted by a ''senatus consultum'', a decree of the Senate. Similarly, under the
Roman Empire The Roman Empire ( la, Imperium Rōmānum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican Republican can refer to: Political ideology * An advocate of a republic, a type of governme ...

Roman Empire
the ''imperator'' ("commander") was from a legal point of view the chief magistrate whose major ''ius'' was the ordering of all public affairs, for which he could demand assistance from anyone at any time. The cynical demands of the bad emperors and the beneficial ones of the good emperors are described at great length by the historians of the empire, such as
Tacitus Publius Cornelius Tacitus ( , ; – ) was a Roman historian and politician. Tacitus is widely regarded as one of the greatest Roman historians by modern scholars. He lived in what has been called the Silver Age of Latin literature Classi ...

Tacitus
. The list below contains ''iura'' from different branches of Roman civilization. A ''ius'' of ancient Rome, marked by the imperial eagle, typically begins in the
Roman Republic The Roman Republic ( la, Rēs pūblica Rōmāna ) was a state of the classical Roman civilization, run through public In public relations Public relations (PR) is the practice of managing and disseminating information from an indiv ...
and continues through the
Roman Empire The Roman Empire ( la, Imperium Rōmānum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican Republican can refer to: Political ideology * An advocate of a republic, a type of governme ...

Roman Empire
. A ''ius'' of the
Holy Roman Empire The Holy Roman Empire ( la, Sacrum Romanum Imperium; german: Heiliges Römisches Reich) was a multi-ethnic complex of territories in Western Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town i ...
is marked with the
double-headed eagle In heraldry and vexillology, the double-headed eagle (or double-eagle) is a charge (heraldry), charge associated with the concept of Empire. Most modern uses of the symbol are directly or indirectly associated with its use by the Byzantine Emp ...
. The term is used in this article in the general sense to mean also the
Carolingian Empire The Carolingian Empire (800–888) was a large Frankish Frankish may refer to: * Franks The Franks ( la, Franci or ) were a group of Germanic peoples The historical Germanic peoples (from lat, Germani) are a category of ancient nort ...
, named after
Charlemagne Charlemagne ( , ) or Charles the Great ( la, Carolus Magnus; 2 April 748 – 28 January 814) was King of the Franks The Franks—Germanic-speaking peoples that invaded the Western Roman Empire in the 5th century—were first led by i ...

Charlemagne
, who had the title
Holy Roman Emperor The Holy Roman Emperor, originally and officially the Emperor of the Romans ( la, Imperator The Latin word "imperator" derives from the stem of the verb la, imperare, label=none, meaning 'to order, to command'. It was originally employed as ...
. His domain also included what is now France. Its ''iura'' reflect early Germanic laws. They are more likely to be found as legal principles in modern European countries. ''Iura'' that originated and remained primarily as
canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler A ruler, sometimes called a rule or line gauge, is a device used in geometry and technical drawing, as well as the engineering and construction industries, to measure dis ...
are marked with the
coat of arms of the Holy See The coats of arms of the Holy See and Vatican City in the form that combines two crossed keys and a tiara used as a coat of arms of the Holy See have origins attested from the 14th century."A red shield bearing two white crossed keys, and surmount ...

coat of arms of the Holy See
.


A

*''Ius albanagii''. The right of confiscation of property of an alien, cf. ''droit d'aubaine'' (ius Albinatus). *''Ius Albinatus''. In old French law. The ''droit d'aubaine'' in France, whereby the king, at an alien's death, was entitled to all his property, unless he had peculiar exemption. Repealed by French laws in June, 1791. cf: ::* Albanagium -- In old French law, the state of alienage, of being a foreigner or alien. ::* Albanus -- In old French law, a stranger, alien, or foreigner. ::* Albinatus -- In old French law, the state or condition of an alien or foreigner. *''Ius angariae''. The right of
angaryAngary ( Lat. ''jus angariae''; Fr. ''droit d'angarie''; Ger. ''Angarie''; from the Gr. , ''angareia'', "the office of an (courier A courier is a company, an employee of that company or a person who delivers a message, package or letter from o ...
, i.e., in international law, the right of a belligerent to seize neutral ships in its territory and use them for transportation, should the need arise. Also, the right of a belligerent to seize, use, or destroy property of neutral states located temporarily in its territory or that of the enemy. *''Ius anglorum''. The laws and customs of the West Saxons, in the time of the Heptarchy, by which the people were for a long time governed, and that were preferred before all others. *''Ius aquaeductus''. In civil law, the name of a servitude that gives landowners the right to bring water through or from the land of another.


B

*''Jus banci''. In old English law, the right of bench—the right or privilege of having an elevated and separate seat of judgement, anciently allowed only to the king's judges, who hence were said to administer high justice (''summam administrant justitiam''.) Blount. *''Jus belli''. The law of war—the law of nations, as applied to a state of war, particularly defining rights and duties of the belligerent powers themselves, and of neutral nations. The right of war; those actions that may be done without injustice, in regard to an enemy. ::*''Jus bellum dicendi''. The right of proclaiming war.


C

*''
Jus canonicum The canon law of the Catholic Church (Latin for "canon law": ''ius canonicum'') is the system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surro ...
''. Canon law *''
Ius civile Roman law is the legal Law is a system A system is a group of interacting Interaction is a kind of action that occurs as two or more objects have an effect upon one another. The idea of a two-way effect is essential in the concep ...
''. In Roman law, the laws resulting from statutes and decrees governing the citizenry, as elaborated by the commentators of Roman law. According to the distinction employed by Gaius, the ''ius civile'' is the law applied only to Roman citizens; the ''ius gentium'' governed foreigners or was applied in cases involving both Romans and foreigners. *''
Jus civile Civil law is a legal system The contemporary national legal systems are generally based on one of four basic systems: civil law (legal system), civil law, common law, statutory law, religious law or combinations of these. However, the legal syst ...
''. Civil law. The system of law peculiar to one state or people. Inst 1, 2, 1. Particularly, in Roman law, the civil law of the Roman people, as distinguished from the ''jus gentium''. The term is also applied to the body of law called, emphatically, the "civil law." :The ''jus civile'' and the ''jus gentium'' are distinguished as follows. All people ruled by statutes and customs use a law partly peculiar to themselves, partly common to all men. The law each people has settled on for itself is peculiar to the state itself, and is called ''jus civile'', as being peculiar to that very state. The law that has come to be generally accepted among all men—the law that is guarded among all peoples quite alike—is called the ''jus gentium'', "and all nations use it as if it were the law. The Roman people, therefore, use a law that is partly peculiar to itself, partly common to all men." Hunter, Rom. Law, 38. :But this is not the only, or even the generally accepted, use of the words. What the Roman jurists had chiefly in view when they spoke of ''jus civile'' was not local as opposed to cosmopolitan law, but the old law of the city as contrasted with the newer law introduced by the praetor (''jus prœtorium, jus honorarium''). Largely, no doubt, the ''jus gentium'' corresponds with the ''jus honorarium'': but the correspondence is not perfect. Id. 39. :*''Jus civile est quod sibi populus constituit''. "The civil law is what a people establishes for itself". Inst. 1, 2, 1; Jackson v. Jackson, 1 Johns. (N.Y.) 424, 426. *''Ius civitatus''. The right of citizenship; the freedom of the city of Rome. It differs from ''jus quiritium'', which included all the privileges of a free native of Rome. The difference is much the same as between "denization" and "naturalization". Wharton. *''Jus cloacae''. In civil law, the right of sewerage or drainage. An easement consisting in the right to have a sewer, or to conduct surface water, through the house or over the ground of one's neighbor. Macheld. Rom. Law, Section 317. *''
Ius commune ''Jus commune'' or ''ius commune'' is Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through t ...
''. In civil law, common right; the common and natural rule of right, as opposed to ''jus singulare''. Mackeld. Rom. Law, Section 196. :In English law: the common law, answering to the Saxon ''folcright,'' 1. Bl. Comm. 67. *''Jus constitui oportet in his quae ut plurimum accidunt non quae ex inopinato''. "Laws ought to be made with a view to those cases that happen most frequently, and not to those that are of rare or accidental occurrence". Dig. 1, 3, 3; Broom, Max. 43. * ''Ius consumendi''. See ''Ius abutendi''. *''Jus coronae''. In English law, the right of the crown, or to the crown; the right of succession to the throne. 1 Bl. Comm. 191; 2 Steph. Comm. 434. *''Jus cudendae monetae''. In old English law, the right of coining money. 2 How. State Tr. 118. *''Jus curialitatis''. In English law, the right of curtesy. Spelman.


D

*''Jus dare''. To give or to make the law; the function and prerogative of the legislative department. *''Jus deliberandi''. In civil law, the right of deliberating. A term granted by the proper officer at the request of him who is called to the inheritance (the heir), within which he has the right to investigate its condition and to consider whether he will accept or reject it. Mackeld. Rom. Law, § 742; Civ. Code La. art. 1028. *''Jus descendit, et non terra''. A right descends, not the land. Co. Litt, 345. *''Jus devolutum''. The right of the church of presenting a minister to a vacant parish, in case the patron shall neglect to exercise his right within the time limited by law. *''Jus dicere''. To declare the law; to say what the law is. The province of a court or judge. 2 Eden, 29; 3 P. Wins. 485. *'' Jus disponendi''. The right of disposing (of a thing owned)an attribute of ''
dominium means "dominion; control; ownership". It is used in some phrases and maxim Maxim or Maksim may refer to: Entertainment *Maxim (magazine), ''Maxim'' (magazine), an international men's magazine ** Maxim (Australia), ''Maxim'' (Australia), the Austra ...

dominium
'', or ownership. *''Jus dividendi''. The right of disposing of realty by will. Du Cange. *''Jus duplicatum''. A double right; the right of possession united with the right of property; otherwise called "''droit-droit''." 2 Bl. Comm. 199.


E

*''Ius edicendi''. The right enjoyed by curule magistrates (i.e., aediles, praetors, quaestors and governors of provinces) to make edicts respecting their sphere of jurisdiction ("''ius edicere''"). *''Jus est ars boni et aequi''. "Law is the science of what is good and just". Dig. 1, 1, 1, 1; Bract, fol. 2b. *''Jus est norma recti; et quicquid est contra normam recti est injuria''. "Law is a rule of right; and whatever is contrary to the rule of right is an injury". 3 Bulst. 313.


F

*''Jus et fraus numquam cohabitant''. "Right and fraud never dwell together". 10 Coke, 45a. Applied to the title of a statute. Id. ; Best, Ev. p. 250, Section 205. *''
Ex injuria jus non oritur ''Ex injuria jus non oritur'' (Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power ...
''. "A right does (or can) not rise out of a wrong". Broom, Max. 738. note; 4 Bing. 639. *''Jus falcani''. In old English law, the right of mowing or cutting. Fleta, lib. 4, c. 27, § 1. *''Jus feciale''. In Roman law, the law of arms, or of heralds. A rudimentary species of international law founded on the rights and religious ceremonies of different peoples. *''Jus fiduciarium''. In civil law, a right in trust, as distinguished from ''jus legitimum'', a legal right. 2 Bl. Comm. 328. *''Jus Flavianum''. In old Roman law, a body of laws drawn up by Cneius Flavius, a clerk of Appius Claudius, from materials to which he had access. It was a popularization of the laws. Mackeld. Rom. Law §39. *''Jus fluminum''. In civil law, the right to the use of rivers. Loce. de Jure Mar. lib. 1, c, 6.'' *''Jus fodiendi''. In civil and old English law, the right of digging on another's land. Inst. 2, 3, 2; Bract. fol. 222. *''Ius fruendi''. Another attribute of ''dominium'', or ownership: the right or power to reap fruits or profits, as by harvesting crops or taking rents from property. *''Jus futurum'': In civil law, a future right; an inchoate, incipient, or expectant right, not yet fully vested. It may be either ''jus delatum'', when the subsequent acquisition or vesting of it depends merely on the will of the person in whom it is to vest, or ''jus nondum delatum'', when it depends on the future occurrence of other circumstances or conditions. Mackeld. Rom. Law, § 191.


G

*''
Jus gentium The ''ius __NOTOC__ ''Ius'' or ''Jus'' (Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Thro ...
''. The law of nations. That law that natural reason has established among all men and which is equally observed among all nations is called the law of nations, "as being the law that all nations use". Inst 1, 2, 1; Dig. 1, 1, 9; 1 Bl. Comm. 43; 1 Kent, Comm. 7; Mackeld. Rom. Law, § 125. :Although this phrase had a meaning in Roman law that may be rendered by our expression "law of nations", it must not be understood as equivalent to what we now call "international law", its scope being much wider. It was originally a system of law, or more properly, equity, gathered by early Roman lawyers and magistrates from the common ingredients in the customs of the old Italian tribesthose being the nations, ''gentes'', whom they had opportunities of observingto be used in cases where the ''jus civile'' did not apply; that is, in cases between foreigners, or between a Roman citizen and a foreigner. The principle upon which they proceeded was that any rule of law common to all the nations they knew of must be intrinsically consonant to right reason, and therefore fundamentally valid and just. From this it was an easy transition to the converse principle, viz., that any rule that instinctively commended itself to their sense of justice and reason must be a part of the ''jus gentium''. And so the latter term came eventually to be synonymous with "equity" (as the Romans understood it.) or the system of praetorian law. :Modern jurists frequently employ the term ''ius gentium privatum'' to denote private international law, or that subject that is otherwise styled the "conflict of laws"; and ''ius gentium publicum'' for public international law, or the system of rules governing the intercourse of nations with each other as persons. :''
Ius gentium The ''ius __NOTOC__ ''Ius'' or ''Jus'' (Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Thro ...
''. In early Roman law, the law followed by all peoples, closely akin to the ''
ius naturale''Ius naturale'' is Latin for natural right, the laws common to all beings. Roman jurists wondered why the ''ius gentium'' (the laws which applied to foreigners and citizens alike) was in general accepted by all people living in the Empire. Their con ...
''. From this universal sense it was used more specifically to describe the international law that governed Rome’s relationship with other states. Following the works of Gaius, the term was employed more narrowly to represent the law that applied among foreigners, and among Romans and foreigners. Foreigners, and the legal relations of Romans with them, were governed by the ''ius gentium''. *''
Ius gladii High, middle and low justices are notions dating from Western feudalism Feudalism, also known as the feudal system, was the combination of the legal, economic, military, and cultural customs that flourished in Medieval Europe In ...
''. The right of the sword; the executory power of the law; the right, power, or prerogative of punishing for crime. 4 Bl. Comm. 177.


H

*''Ius habendi''. The right to have a thing. The right to be put in actual possession of property. Lewin, Trusts, 585. ::''ius habendi et retinendi''. A right to have and to retain the profits, tithes, and offerings, etc., of a rectory or parsonage. *''Ius haereditatis''. The right of inheritance. *''Ius hauriendi''. In civil and old English law, the right of drawing water. Fleta, lib. 4, c. 27, 5 1. *''Ius honorarium''. The body of Roman law, which was made up of edicts of the supreme magistrates, particularly the praetors.


I

*''Ius imaginis''. In Roman law the right to use or display pictures or statutes of ancestors; somewhat analogous to the right in English law to bear a coat of arms. *''Ius immunitatis''. In civil law, the law of immunity or exemption from the burden of public office. Dig. 50, 6. *''Ius in personam''. A right against a person; a right that gives its possessor a power to oblige another person to give or procure, to do or not to do, something. *''
Ius in reIus in re, or jus in re, under civil law, more commonly referred to as a real right or right '' in rem'', is a right in property, known as an interest under common law. A real right vests in a person with respect to property, inherent in his relati ...
''. "a right in a thing"—contrast
ius ad remJus ad rem is a Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the Roman Re ...
. ::''Ius in re propria'', denoting full ownership; distinguished from '' jus in re aliena'', a mere easement ::. "A right in the thing cleaves to the person of the usufructuary". *''Ius incognitum''. An unknown law. This term is applied by civilians to obsolete laws. Bowyer, Mod. Civil Law. 33. *''Ius individuum''. An individual or indivisible right; a right incapable of division. 36 Eng. Law & Eq. 25. *''Ius italicum''. A Roman law term descriptive of the aggregate of rights, privileges, and franchises possessed by the cities and inhabitants of Italy, outside of the city of Rome, and afterwards extended to some of the colonies and provinces of the empire, consisting principally in the right to have a free constitution, to be exempt from land tax, and to have title to land regarded as Quiritian property. See Gibbon, Rom. Emp. c. xvii ; Mackeld. Rom. Law, § 43. ::''Jus jurandi forma verbii differt, re convenit; hunc enim sensum habere debet: ut Deus invecetur''. Grot, de Jur. В., 1. 2, e. 13, § 10. "The form of taking an oath differs in language, agrees in meaning; for it ought to have this sense: that the Deity is invoked."


L

*'' Ius Latii''. In Roman law, the right of Latium or of the Latins. The principal privilege of the Latins seems to have been the use of their own laws, and their not being subject to the edicts of the praetor, and that they had occasional access to the freedom of Rome, and to participate in her sacred rites. Butl. Нor. Jur. 41. *'' Ius Latium''. A rule of law applicable to magistrates in Latium. *''Ius legitimum''. A legal right in civil law. A right that was enforceable In the ordinary course of law. 2 Bl. Comm. 328.


M

*''Ius mariti''. The right of a husband; especially the right that a husband acquires to his wife's movable estate by virtue of the marriage. 1 Forb. Inst. pt. 1, p. 63. *''Ius merum''. In old English law, mere or bare right; the mere right of property in lands, without either possession or even the right of possession. 2 Bl. Comm. 197; Bract fol. 23.


N

*''Ius naturae''. Literally, “the law of nature”. In Roman law, a near synonym for ''ius naturale''—a law that is supported by natural reason, and so a law that is, or ought to be, respected by the laws of all nations. Thus, the ''ius naturae'' was said to support the ''ius gentium'' in its universal sense. However, even this relationship is not always congruent: famously, in the introduction to Justinian’s Institutes, slavery is forbidden by nature but allowed by the ''ius gentium''. Even so, there was the general sense, seized on increasingly from Roman writings throughout the Renaissance and early modern age, that civil law was to reflect the obligations of natural law, especially when natural law required freedom. *''
Ius naturale''Ius naturale'' is Latin for natural right, the laws common to all beings. Roman jurists wondered why the ''ius gentium'' (the laws which applied to foreigners and citizens alike) was in general accepted by all people living in the Empire. Their con ...
''. The
natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature Human nature is a concept that denotes the fundamental disposition A disposition is a quality of character, a habit A habit (or ...
, or law of nature; law or legal principles, supposed to be discoverable by the light of nature or abstract reasoning, or to be taught by nature to all nations and men alike; or law supposed to govern men and peoples in a state of nature i.e., in advance of organized governments or enacted laws. This conceit originated with the philosophical jurists of Rome, and was gradually extended until the phrase came to denote a supposed basis or substratum common to all systems of positive law, and hence to be found, in greater or less purity, in the laws of all nations. And, conversely, they held that if any rule or principle of law was observed in common by all peoples with whose systems they were acquainted, it must be a part of the ''ius naturale'', or derived from it. Thus the phrases "''ius naturale''" and "''ius gentium''" came to be used interchangeably. As the Roman jurist Ulpian said, “that which nature has taught all animals”. For most writings of classical Roman law, synonymous with ''ius naturae''. From the writings of Paul, however, the term ''ius naturale'' acquired the sense of an ideal of law, ''quod semper est bonum et aequum''those actions that are always fair and just. This sense is followed in the Thomist conceptions of natural law, or ''lex naturalis''. ::''ius naturale est quod apud homines eandem habet potentiam''. "Natural right is that with the same force among all mankind". 7 Coke, 12. *''Ius navigandi''. The right of navigating or navigation; the right of commerce by ships or by sea. Locc. de Jure Mar. lib. 1, c. 3. *''Ius necis''. In Roman law, the right of death, or of putting to death. A right a father anciently had over his children. *''Jus non habenti tute non paretur''. "One who has no right cannot be safely obeyed". Hob. 146. *''Jus non patitur ut Idem bis solvatur''. "Law does not suffer that the same thing be twice paid". *''
Ius non scriptum ''Ius non scriptum'' is Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the ...
''. The unwritten law, customary law. Inst. 1, 2, 9. 1 Bl. Comm. 64. *''Ius offerendi''. In Roman law, the right of
subrogation Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect a debt or damages. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revive ...
, that is, the right of succeeding to the lieu and priority of an elder creditor on tendering or paying into court the amount due to him. See Mackeld. Rom. Law, § 355.


P

*''Ius papirianum''. The civil law of Sextus Papirius. The title of the earliest collection of Roman ''leges curiatae'', said to have been made in the time of Tarquin, the last of the kings, by a pontifex maximus of the name of Sextus or Publius Papirius. Very few fragments of this collection now remain, and their authenticity has been questioned. Mackeld. Rom. Law, § 21. *''Ius pascendi''. In civil and old English law, the right of pasturing cattle. Inst. 2, 3, 2; Bract, fols. 53&, 222. *'' Ius patronatus''. In English ecclesiastical law, the right of patronage; the right of presenting a clerk to a benefice. Blount. :A commission from the bishop, where two presentations are offered upon the same avoidance, directed usually to his chancellor and others of competent learning, who are to summon a jury of six clergymen and six laymen to inquire into and examine who is the rightful patron. 3 Bl. Сomm. 246; 3 Steph. Comm. 517. *''Ius pecuniae''. The rule of money. *''Ius personarum''. Rights of persons. Those rights that, in civil law, belong to persons as such, or in their different characters and relation; as parents and children, masters and servants, etc. *''Ius poenitendi''. In Roman law, the right of rescission or revocation of an executory contract on failure of the other party to fulfill his part of the agreement. See Mackeld. Rom. Law, § 444. *''Ius portus''. In maritime law, the right of port or harbor. *''Ius possessionis''. The right of possession. *''Ius possidendi''. One of the attributes of dominium, or ownership: the right or power to possess property. *''Ius postliminii''. In civil law, the right of postliminy, i.e., the right or claim of a person who had been restored to the possession of a thing, or to a former condition, to be considered as though he had never been deprived of it. Dig. 49, 15, 5 ; 3 Bl. Conim. 107, 210. :In international law, the right by which property taken by an enemy and recaptured or rescued from him by the fellow-subjects or allies of the original owner is restored to the latter upon certain terms. 1 Kent, Cornm. 108. *''Ius praesens''. In civil law a present or vested right; a right already completely acquired. Mackeld. Rom. Law, §191. *''Ius praetorium''. In civil law, the discretion of the , as distinct from the , or standing laws. 3 Bl. Comm. 49. That kind of law the praetors introduced for the purpose of aiding, supplying, or correcting the civil law for the public benefit. Dig. 1, 1, 7. Also called '' jus honorarium''. *''Ius precarium''. In civil law, a right to a thing held for another, for which there is no remedy by legal action, but only by entreaty or request. 2 Bl. Comm. 328. *''Ius presentationis''. The right of presentation. *''Ius privatum''. Private law; the law regulating the rights, conduct, and affairs of individuals, as distinguished from "public" law, which relates to the constitution and functions of government and the administration of criminal justice. See Mackeld. Rom. Law. 124. Also private ownership, or the right, title, or dominion of a private owner, as distinguished from ''ius publicum'', which denotes public ownership, or the ownership of property by the government, either as a matter of territorial sovereignty or in trust for the benefit and advantage of the general public. In this sense, a state may have a double right in given property, e.g., lands covered by navigable waters within its boundaries, including both ''ius publicum'', a sovereign or political title, and ''ius privatum'', a proprietary ownership. See Oakland v. Oakland Water Front Co., 118 Cal. 160, 50 Pac. 277. *''Ius prohibendi''. An attributes of dominium, or ownership: the right or power to prohibit others from using property, whether by possession alone or by growing or harvesting crops or using or taking rents from the property. *''Ius projiciendi''. In civil law, the name of a servitude that consists in the right to build a projection, such as a balcony or gallery, from one's house in the open space belonging to one's neighbor, but without resting on his house. Dig. 50, 10, 242; Id. 8, 2, 2; Mackeld. Rom. Law, § 317. *''Ius proprietatis''. The right of property, as distinguished from the ''ius possessionis'', or right of possession. Bract, fol. 3. Called by Bracton "''jus merum''," the mere right Id.; 2 Bl. Comm. 197; 3 Bl. Comm. 19, 176. *''Ius protegendi''. In civil law, the name of a servitude. It is a right by which a part of the roof or tiling of one house is made to extend over the adjoining house. Dig. 50, 16, 242, 1; Id. 8, 2, 2П; Id. 8, 5, 8, 5. *'' Ius publicum''. Public law, or the law relating to the constitution and functions of government and its officers and the administration of criminal justice. Also public ownership, or the paramount or sovereign territorial right or title of the state or government. See ''Jus Privatum''. ::''Jus publicum et privatum quod ex naturalibus praeceptis aut gentium aut civilibus est collectum; et quod in jure scripto jus appellatur, id in lege Angliae rectum esse dicitur''. Co. Litt. 185. "Public and private law is collected from natural principles, either of nations or in states; and in the civil law is called 'ius', In the law of England it is said to be 'right' ". ::''Jus publicum privatorum pactis mutari non potest''. "A public law or right cannot be altered by the agreements of private persons".


Q

*''Ius quaesitum''. A right to ask or recover; for example, in an obligation there is a binding of the obligor, and a ''jus quaesitum'' in the obligee. 1 Bell, Comm. 32:!. *''Ius Quiritium''. The old law of Rome, that was applicable originally to patricians only, and, under the Twelve Tables, to the entire Roman people, was so called. In contradistinction to the ''ius praetorium'', or equity. Brown. :''ius quo universitatis utuntur est idem quod habent privati''. "The law that governs corporations is the same that governs individuals". Foster v. Essex Bank, 16 Mass. 265, 8 Am. Dec. 135.


R

*''Ius recuperandi''. The right of recovering (land). *''Ius reformandi''. The right of reform, right of reformation. *''Ius relictae''. In Scotch law, the right of a relict; the right or claim of a relict or widow to her share of her husband's estate, particularly the movables. 2 Kames, Eq. 340; 1 Forb. Inst. pt. 1, p. 67. *''Ius representationis''. The right of representing or standing in the place of another, or of being represented by another. *''Ius rerum''. The law of things. The law regulating the rights and powers of persons over things; how property is acquired, enjoyed, and transferred. *''Ius respicit aequitatem''. "Law regards equity". Co. Litt 24b; Broom, Max. 151.


S

*''
Ius scriptum ''Ius scriptum'' is Latin for "written law". ''Ius scriptum'' was the body of statute laws made by the legislature. The laws were known as ''leges'' ("laws") and ''plebiscita'' ("plebiscites" which came from the Plebeian Council). Roman lawyers woul ...
''. In Roman law, written law. Inst. 1, 2, 3. All law that was actually committed to writing, whether it had originated by enactment or by custom, in contradistinction to such parts of the law of custom as were not committed to writing (see ''ius non scriptum''). Mackeld. Rom. Law, § 126. :In English law, written law, or statute law, otherwise called "''lex scripta''", as distinguished from the common law, "''lex non scripta''". 1 Bl. Comm. 62. *'' Ius singulare''. In civil law, a peculiar or individual rule, differing from the ''ius commune'', or common rule of right, and established for some special reason. Mackeld. Rom. Law, §196. *. In old European law, the law of staple, the right of staple. A right or privilege of certain towns of stopping the transport of merchandise en route and requiring that it be offered for sale in their own markets. Locc. de Jure Mar. lib. 1, c. 10. *'' Ius strictum''. "Strict law"; law interpreted without any modification, and in its utmost rigor. *. "A right growing to a possessor accrues to the successor". Halk. Lat. Max. 76.


T

*''Ius tertii''. The right of a third party. A tenant, bailee, etc., who pleads that the title is in some person other than his landlord, bailor, etc., is said to set up an ''ius tertii''. :''Ius testamentorum pertinet ordinario''. Y. B. 4 Hen. VII., 13b. "The right of testaments belongs to the ordinary". *''Ius tripertitum''. In Roman law., a name applied to the Roman law of wills, in the time of Justinian, on account of its threefold derivation, viz., from the praetorian edict, from the civil law, and from the imperial constitutions. Maine, Anc. Law, 207. :''Jus triplex est—proprietatis, possessionis, et possibilitatis''. "Right is threefold—of property, of possession and of possibility". *'' Ius trium liberorum''. In Roman law, a right or privilege allowed to the parent of three or more children. 2 Kent Comm. 85; 2 Bl. Comm. 247. These privileges were exemption from the trouble of guardianship, priority in bearing offices, and a triple allowance of grain. Adams, Rom. Ant. (Am. Ed.) 227.


U

*'' Ius utendi''. The right to use property without destroying its substance. Employed in contradistinction to ''ius abutendi''.


V

*''Ius venandi et piscandi''. The right of hunting and fishing. *''Ius vendit quod usus approbavit''. "The law dispenses what use has approved". Ellesm. Postn. 35. *''jusjurandum'' - Lat. An oath. ::''jusjurandum inter alios factum nec nocere nec prodesse debet''. "An oath made between others ought neither to hurt nor profit". 4 Inst. 279.


See also

*
Canon law (Catholic Church) The canon law of the Catholic Church (Latin for "canon law": ''ius canonicum'') is the legal system, system of laws and canon law, legal principles made and enforced by the Hierarchy of the Catholic Church, hierarchical authorities of the Catholic ...
*
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 Jurisprudence, or legal theory, is the theoretical study of the propriety of . Scholars of ...
*
Imperator The Latin Latin (, or , ) is a classical language A classical language is a language A language is a structured system of communication Communication (from Latin ''communicare'', meaning "to share" or "to be in relation with" ...

Imperator
*
Lady Justice Lady Justice ( la, Iustitia) is an Allegory, allegorical personification of the moral force in judicial systems. Her attributes are a blindfold, Weighing scale, scales, and a sword. She often appears as a pair with Prudentia. Lady Justice orig ...

Lady Justice
*
Lex (disambiguation) Lex or LEX may refer to: Arts and entertainment * ''Lex'', a daily featured column Financial Times#The Lex column, in the ''Financial Times'' Games * Lex, the mascot of the word-forming puzzle video game Bookworm (video game), ''Bookworm'' * Lex ...
*
Praetor Praetor ( , ), also pretor, was the granted by the government of to a man acting in one of two official capacities: (i) the commander of an , and (ii) as an elected ' (magistrate), assigned to discharge various duties. The functions of the magi ...
*
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 J ...
*
Visigothic Code The cover of an edition of the Liber Iudiciorum from 1600. The Visigothic Code ( la, Forum Iudicum, Liber Iudiciorum; es, Libro de los Jueces, Book of the Judges), also called ''Lex Visigothorum'' (English: Law of the Visigoths), is a set of laws f ...


Notes


References

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External links

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{{Roman Constitution Latin legal terminology History of human rights