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Custom (law)
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity ('' opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see '' hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolution (if any) in the judici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Opinio Juris Sive Necessitatis
''Opinio juris sive necessitatis'' ("an opinion of law or necessity") also simply ''opinio juris'' ("an opinion of law") is the belief that an Action (philosophy), action was carried out as a legal obligation. This is in contrast to an action resulting from Cognition, cognitive reaction or behaviors habitual to an individual. This term is frequently used in legal proceedings such as a defense for a case. ''Opinio juris'' is the subjective element of custom as a sources of law, source of law, both custom (law), domestic and customary international law, international, as it refers to beliefs. The other element is state practice, which is more objective as it is readily discernible. To qualify as state practice, the acts must be consistent and general international practice. A situation where ''opinio juris'' would be feasible is a case concerning Right of self-defense, self-defense. A condition must be met where the usage of force is limited to the situation at hand. The act of stri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurist
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 Lawyer, 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 Legal education in Norway, in Norway. Thus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feuda ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty
A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms; however, only documents that are legally binding on the parties are considered treaties under international law. Treaties may be bilateral (between two countries) or multilateral (involving more than two countries). Treaties are among the earliest manifestations of international relations; the first known example is a border agreement between the Sumer, Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in some form by most major civilizations and became increasingly common and more sophisticated during the Early modern period, early modern era. The early 19th century saw developments in diplomacy, foreign policy, and international law reflected by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Genocide
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by means such as "the disintegration of [its] political and social institutions, of [its] cultural genocide, culture, linguicide, language, national feelings, religious persecution, religion, and [its] economic existence". During the struggle to ratify the Genocide Convention, powerful countries restricted Lemkin's definition to exclude their own actions from being classified as genocide, ultimately limiting it to any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group". While there are many scholarly Genocide definitions, definitions of genocide, almost all international bodies of law officially adjudicate the crime of genocide pursuant to the Genocide Convention. Genocide has ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peremptory Norm
A peremptory norm (also called ) is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted. There is no universal agreement regarding precisely which norms are ''jus cogens'' nor how a norm reaches that status, but it is generally accepted that ''jus cogens'' bans genocide, maritime piracy, enslaving in general (i.e. slavery as well as slave trade), wars of aggression and territorial aggrandizement, and generally as well torture, and refoulement. Status of peremptory norms under international law Unlike ordinary customary law, which has traditionally required consent and allows the alteration of its obligations between states through treaties, peremptory norms may not be violated by any state "through international treaties or local or special customs or even general customary rules not endowed with the same normative force".''Prosecutor v. Furundžija'', International Cri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diplomacy
Diplomacy is the communication by representatives of State (polity), state, International organization, intergovernmental, or Non-governmental organization, non-governmental institutions intended to influence events in the international system.Ronald Peter Barston, ''Modern Diplomacy'', Pearson Education, 2006, p. 1 Diplomacy is the main instrument of foreign policy which represents the broader goals and strategies that guide a state's interactions with the rest of the world. International Treaty, treaties, Executive agreement, agreements, alliances, and other manifestations of international relations are usually the result of diplomatic negotiations and processes. Diplomats may also help shape a state by advising government officials. Modern diplomatic methods, practices, and principles originated largely from 17th-century European customs. Beginning in the early 20th century, diplomacy became professionalized; the 1961 Vienna Convention on Diplomatic Relations, ratified by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereign State
A sovereign state is a State (polity), state that has the highest authority over a territory. It is commonly understood that Sovereignty#Sovereignty and independence, a sovereign state is independent. When referring to a specific polity, the term "country" may also refer to a constituent country, or a dependent territory. A sovereign state (polity), state is required to have a permanent population, defined territory, a government not under another, and the capacity to International relations, interact with other sovereign states. In actual practice, recognition or non-recognition by other states plays an important role in determining the status of a country. List of states with limited recognition, Unrecognized states often have difficulty engaging in Diplomacy, diplomatic relations with other sovereign states. History Since the end of the 19th century, almost the entire globe has been divided into sections (countries) with more or less defined borders assigned to different sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fuero
(), (), (), () or () is a Spanish legal term and concept. The word comes from Latin , an open space used as a market, tribunal and meeting place. The same Latin root is the origin of the French terms and , and the Portuguese terms and ; all of these words have related, but somewhat different meanings. The Spanish term has a wide range of meanings, depending upon its context. It has meant a compilation of laws, especially a local or regional one; a set of laws specific to an identified class or estate (for example , comparable to a military code of justice, or , specific to the Roman Catholic Church). In many of these senses, its equivalent in medieval England would be the custumal. In the 20th century, Francisco Franco's regime used the term for several of the fundamental laws. The term implied these were not constitutions subject to debate and change by a sovereign people, but orders from the only legitimate source of authority, as in feudal times. Characteri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sachsenspiegel
The (; ; modern ; all literally "Saxon Mirror") is one of the most important law books and custumals compiled during the Holy Roman Empire. Originating between 1220 and 1235 as a record of existing local traditional customary laws and rulings, it was used in places until as late as 1900. Some legal principles as captured in the book reign into recent time laws throughout Europe. It is important not only for its lasting effect on later German and Dutch law but also as an early example of written prose in a Low German language. The Sachsenspiegel is the first comprehensive law book not in Latin, but in Middle Low German. A Latin edition is known to have existed, but only fragmented chapters remain. History The ''Sachsenspiegel'' was one of the first prose works written in the Middle Low German language. The original title is ''Sassen Speyghel'', ''Sachsenspiegel'' being a later German translation. It is believed to have been compiled and translated from Latin by the Saxon ad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coutume De Paris
Old French law, referred to in French as , was the law of the Kingdom of France until the French Revolution. In the north of France were the ''Pays de coutumes'' ('customary countries'), where customary laws were in force, while in the south were the ''Pays de droit écrit'' ('countries of written law'), where Roman law had been paramount. Roughly speaking, the line separating the two areas was the river Loire, from Geneva to the mouth of the Charente, although this was not a firm border between the two categories of law. As worded by George Mousourakis, "in both zones, the law in force also included elements derived from royal, feudal, and canonical sources." ''Pays de coutumes'' In the north existed a variety of customs "with a Frankish-Germanic character." The ''coutumes'' were asserted and enforced under feudalism during the Middle Ages and in the early modern period by the French kings and their vassals, especially in the lands of the Île-de-France, to the exclusion o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry De Bracton
Henry of Bracton (c. 1210 – c. 1268), also known as Henry de Bracton, Henricus Bracton, Henry Bratton, and Henry Bretton, was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinibus Angliæ'' ("On the Laws and Customs of England"), and his ideas on ''mens rea'' (criminal intent). According to Bracton, it was only through the examination of a combination of action and intention that the commission of a criminal act could be established. He also wrote on kingship, arguing that a ruler should be called king only if he obtained and exercised power in a lawful manner. In his writings, Bracton manages to set out coherently the law of the royal courts through his use of categories drawn from Roman law, thus incorporating into English law several developments of medieval Roman law. Life Plucknett describes Bracton in this way: "Two generations after Ranulf de Glanvill we come to the flower and crown of English jurispr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
