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Ius Singulare
In Roman law, (Latin, "singular law") was a special law that applied to a certain class of persons, such as soldiers or minors, or to an individual, in contrast to '' ius commune civium Romanorum'', the law in common to all Roman citizens. In effect, ''ius singulare'' was "a technique for incorporating new rules without having to change the old ones." ''Ius singulare'' generally conferred an advantage to the group or individual singled out. In early Rome, '' privilegium'' was a legal enactment that might disfavor an individual or group (the ''privilegiarii''), but in the Imperial era ''privilegium'' came to mean "privilege" and was sometimes used as a synonym of ''ius singulare''. As an example, military campaigning removed personnel from circumstances in the city of Rome that facilitated the procedures for drawing up a last will and testament. They were therefore exempt from the usual requirements, and wills written on the eve of battle could be held as valid. A ''ius singular ... [...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 (), 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ius Commune
or is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the was a secure point of reference in continental European legal systems, in England it was not a point of reference at all. ( is distinct from the term "common law" meaning the Anglo-American family of law as opposed to the civil law family.) The phrase "the common law of the civil law systems" means those underlying laws that create a distinct legal system and are common to all its elements. Etymology The ', in its historical meaning, is commonly thought of as a combination of canon law and Roman law which formed the basis of a common system of legal thought in Western Europe from the rediscovery and reception of Justinian's Digest in the 12th and 13th centuries. In addition to this definition, the term also possibly had a narrower meaning de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Citizenship
Citizenship in ancient Rome () 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 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 conducted a census every fi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privilege (law)
A privilege is a certain entitlement to immunity from prosecution, immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. Land-titles and taxi medallions are examples of transferable privilege – they can be revoked in certain circumstances. In modern democratic states, a ''privilege'' is conditional and granted only after birth. By contrast, a ''right'' is an inherent, irrevocable entitlement held by all citizens or all human beings from the moment of birth. Various examples of old common law privilege still exist – to title deeds, for example. Etymologically, a privilege (''privilegium'') means a "private law", or rule relating to a specific individual or institution. The principles of conduct that members of the legal profession observe in their practice are called legal ethics. Boniface's Fulda monastery, abbey of Fulda, to cite an early and prominent example, was granted ''privilege (canon law), privilegium' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Empire
The Roman Empire ruled the Mediterranean and much of Europe, Western Asia and North Africa. The Roman people, Romans conquered most of this during the Roman Republic, Republic, and it was ruled by emperors following Octavian's assumption of effective sole rule in 27 BC. The Western Roman Empire, western empire collapsed in 476 AD, but the Byzantine Empire, eastern empire lasted until the fall of Constantinople in 1453. By 100 BC, the city of Rome had expanded its rule from the Italian peninsula to most of the Mediterranean Sea, Mediterranean and beyond. However, it was severely destabilised by List of Roman civil wars and revolts, civil wars and political conflicts, which culminated in the Wars of Augustus, victory of Octavian over Mark Antony and Cleopatra at the Battle of Actium in 31 BC, and the subsequent conquest of the Ptolemaic Kingdom in Egypt. In 27 BC, the Roman Senate granted Octavian overarching military power () and the new title of ''Augustus (title), Augustus'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Last Will And Testament
A will and testament is a legal document that expresses a person's (testator) wishes as to how their property (estate (law), estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has been thought a "will" historically applied only to real property, while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), records show the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary Trust (property), trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Interest
In social science and economics, public interest is "the welfare or well-being of the general public" and society. While it has earlier philosophical roots and is considered to be at the core of democratic theories of government, often paired with two other concepts, convenience and necessity, it first became explicitly integrated into governance instruments in the early part of the 20th century. The public interest was rapidly adopted and popularised by human rights lawyers in the 1960s and has since been incorporated into other fields such as journalism and technology. Overview Economist Lok Sang Ho, in his ''Public Policy and the Public Interest'', argues that the public interest must be assessed impartially and, therefore, defines the public interest as the "'' ex ante'' welfare of the representative individual". Under a thought experiment, by assuming that there is an equal chance for one to be anyone in society and, thus, could benefit or suffer from a change, the pub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including Law and economics, economics, Applied ethics, ethics, Legal history, history, Sociology of law, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, Civil law (legal system), civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Precedent
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law systems, in contrast, are characterized by comprehensive codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and legal principles established by previous judicial decisions on s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Digest (Roman Law)
The ''Digest'' (), also known as the Pandects (; , , "All-Containing"), was a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine emperor Justinian I in 530–533 AD. It is divided into 50 books. The ''Digest'' was part of a reduction and codification of all Roman laws up to that time, which later came to be known as the (). The other two parts were a collection of statutes, the (Code), which survives in a second edition, and an introductory textbook, the Institutes; all three parts were given force of law. The set was intended to be complete, but Justinian passed further legislation, which was later collected separately as the (New Laws or, conventionally, the "Novels"). History The original ''Codex Justinianus'' was promulgated in April of 529 by the C. "Summa". This made it the only source of imperial law, and repealed all earlier codifications. However, it permitted reference to ancient jurists whose writings had been regarded as au ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Fiction
A legal fiction is a construct used in the law where a thing is taken to be true, which is not in fact true, in order to achieve an outcome. Legal fictions can be employed by the courts or found in legislation. Legal fictions are different from Presumption, legal presumptions which assume a certain state of facts until the opposite is proved, such as the presumption of legitimacy. The term ''legal fiction'' is sometimes used in a pejorative way. Jeremy Bentham was a famous historical critic of legal fictions. Proponents of legal fictions, particularly of their use historically, identify legal fictions as "scaffolding around a building under construction". Common law examples Adoption Adoption, Child adoption is a legal fiction in that the adoptive parents become the legal parents, notwithstanding the lack of a biological relationship. Once an order or judgment of adoption is entered, the biological parents become legal strangers to the child, legally no longer related nor with a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
