Legal Term Dictionary

The law of nations. That law which natural reason has established among all men is equally observed among all nations, and is called the "law of nations," as being tbe law which all nations use. Inst 1, 2, 1; Dig. 1, 1, 9; 1 Bl. Comm. 43; 1 Kent Comm. More...

The law of nations. That law which natural reason has established among all men is equally observed among all nations, and is called the "law of nations," as being tbe law which 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 the Roman law which 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 E roperly equity, gathered by the early Roman wyers and magistrates from the common ingredients in the customs of the old Italian tribes,-those being the nations, gentes, whom they had opportunities of observing,-to 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 which was 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 which 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 about synonymous with "equity," (as tbe Romans understood it,) or the system of praetorian law. Modern jurists frequently employ the term "jus gentium privatum" to denote private international law, or that subject which is otherwise styled the "conflict of laws;" and "jus gentium publicum" for public international law, or the system of rules governing the intercourse of nations with each other as persons. Less...

The right of the sword; the executory power of the law; the right power, or prerogative of punishing for crime. 4 Bl. Comm. 177.

The right of the sword; the executory power of the law; the right power, or prerogative of punishing for crime. 4 Bl. Comm. 177. Less...

The right to have a thing. The right to be put in actual possession of property. Lewin, Trusts, 585. -Jns habendi ot retinendi. A right to have and to retain the profits, tithes, and offerings, etc., of a rectory or parsonage. ?

The right to have a thing. The right to be put in actual possession of property. Lewin, Trusts, 585. -Jns habendi ot retinendi. A right to have and to retain the profits, tithes, and offerings, etc., of a rectory or parsonage. ? Less...

The right of inheritance.

The right of inheritance. Less...

In the civil and old English law. The right of drawing water. Fleta, lib. 4, c 27, s 1.

In the civil and old English law. The right of drawing water. Fleta, lib. 4, c 27, s 1. Less...

The body of Roman law, which was made up of edicts of the supreme magistrates, particularly the praetors.

The body of Roman law, which was made up of edicts of the supreme magistrates, particularly the praetors. Less...

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.

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. Less...

In the civil law. The law of Immunity or exemption from the burden of public office. Dig. 50, 6.

In the civil law. The law of Immunity or exemption from the burden of public office. Dig. 50, 6. Less...

A right against a person; a right which gives its possessor a power to oblige another person to give or procure, to do or not to do, something.

A right against a person; a right which gives its possessor a power to oblige another person to give or procure, to do or not to do, something. Less...

In the civil law. A right in a thing. A right existing in a person with respect to an article or subject of property, inherent in his relation to it, implying complete ownership with possession, and available against all the world. See JUS AD REM. -Jus in re propria. The More...

In the civil law. A right in a thing. A right existing in a person with respect to an article or subject of property, inherent in his relation to it, implying complete ownership with possession, and available against all the world. See JUS AD REM. -Jus in re propria. The right of enjoyment which is incident to full ownership or property, and is often used to denote the full ownership or property itself. It is distinguished from jus in re alien A, which is a mere easement or right in or over the property of another. Jus in re innserit osslbns usufmetuarii. A right in the thing cleaves to the person of the usufructuary. Less...