|
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 conclusion was that these laws made sense to a reasonable person and thus were followed. All laws which would make sense to a normal person were called ''ius naturale''. Slavery, for example, was part of the empire-wide ''ius gentium'' because slavery was known and accepted as a normal social institution in all parts of the known world. Nevertheless, as forcing people to work for others was a human-produced condition, it was not considered natural and, hence, was part of the ''ius gentium'' but not the ''ius naturale''. The ''ius naturale'' of the Roman jurists is not the same as implied by the modern sense of natural law as something derived from pure reason. As Sir Henry James Sumner Maine puts it, "it was never thought of as founded on ... [...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 Gentium
In Roman law and legal traditions influenced by it, ''ius gentium'' or ''jus gentium'' (Latin for "law of nations" or "law of peoples") is the law that applies to all ''gentes'' ("peoples" or "nations"). It was an early form of international law, comprising not a body of statute law or legal code, but the customary law thought to be held in common by all in "reasoned compliance with standards of international conduct". ''Ius gentium'' was regarded as a form of '' ius naturale'', or natural law. Unlike '' ius civile'', it applied to all persons and not only Roman citizens, as the rules of ''ius gentium'' could be derived from natural reason as innate in all of mankind. Following the Christianization of the Roman Empire, canon law also contributed to the European ''ius gentium''. By the 16th century, the shared concept of the ''ius gentium'' disintegrated as individual European nations developed distinct bodies of law, the authority of the Pope declined, and colonialism created sub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Slavery
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavement is the placement of a person into slavery, and the person is called a slave or an enslaved person (see ). Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, suffering a military defeat, or exploitation for cheaper labor; other forms of slavery were instituted along demographic lines such as race or sex. Slaves would be kept in bondage for life, or for a fixed period of time after which they would be granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civilization, and existed in most socie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism, but not to be confused with what is called simply ''naturalism'' in legal philosophy—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with ''positive law'' (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry James Sumner Maine
Sir Henry James Sumner Maine, (15 August 1822 – 3 February 1888), was a British Whig comparative jurist and historian. He is famous for the thesis outlined in his book '' Ancient Law'' that law and society developed "from status to contract." According to the thesis, in the ancient world individuals were tightly bound by status dealing with(in) a particular group while in the modern one, in which individuals are viewed as autonomous agents, they are free to make contracts and form associations with whomever they choose. Because of this thesis, Maine can be seen as one of the forefathers of modern legal anthropology, legal history and sociology of law. Early life Maine was the son of Dr. James Maine, of Kelso, Roxburghshire. He was educated at Christ's Hospital, where a boarding house was named after him in 1902, being the 7th block on the avenue, and 3rd on the East Side. From there he went up to Pembroke College, Cambridge, in 1840. At Cambridge, he was noted as a classic ... [...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] |
Ius Civile
Roman law is the 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 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 the Western Roman Empire, the R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
