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Topic: Jus commune


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Commune of Paris Commune of Paris, insurrectionary governments in Paris formed during (1792) the French Revolution and at the end (1871) of the Franco-Prussian War.
Because of the importance of the commune in municipal government, the term is also used to denote a town itself to which a charter of liberties was granted by the sovereign or feudal ov...
Thus, to the jus civile, which governed relations among the Romans and those admitted to Roman status, was added the jus gentium, the law applied in dea...
www.encyclopedia.com /searchpool.asp?target=Jus+commune   (492 words)

  
 Althusius: Politica: IV
Communication among the colleagues is the activity by which an individual helps his colleague, and so upholds the plan of social life set forth in covenanted agreements.
The communication of right among the colleagues is achieved when they live, are ruled, and are obligated in their collegium by the same right and laws (jus et leges), and are even punished for proper cause according to them, provided this is done without infringing upon the magistrate or usurping an alien jurisdiction.
This use of jus commune differs from that employed by Althusius in Chapters XXI-XXII, where it means the unchanging moral law binding upon all men and associations, and is there compared with proper law (jus proprium), or the specific application of common law (jus commune) established in a particular association in accord with its circumstances.
www.constitution.org /alth/alth_04.htm   (2095 words)

  
 Canon Law
If we consider the form in which it is found, we have the written law (jus scriptum) comprising the laws promulgated by the competent authorities, and the unwritten law (jus non scripture), or even customary law, resulting from practice and custom; the latter however became less important as the written law developed.
The law takes effect and is binding on all members of the community as soon as it is promulgated, allowing for the time morally necessary for it to become known, unless the legislator has fixed a special time at which it is to come into force.
Prospero Fagnani, the distinguished secretary of the Sacred Congregation of the Council, "Jus canonicum seu commentaria absolutissima in quinque libros Decretalium" (Rome, 1661),
www.catholicity.com /encyclopedia/l/law,canon.html   (9066 words)

  
 Common Law
Penalties for crime were moderate; few capital punishments being inflicted and persons convicted of their first offence being allowed to commute it for a fine or weregild; or in default of payment, by surrendering themselves to life-long bondage.
The legal system which thus received form under the direction of the last Saxon King of England, was common to all the realm and was designated as "Jus commune" or Folk-right.
Its ecclesiastical courts were recognized by the common law —; the jus publicum of the kingdom — and clear recognition was accorded to the right of appeal to the sovereign pontiff; thus practically making the pontiff the supreme judge for England as he was for the remainder of Christendom in all ecclesiastical causes.
www.catholicity.com /encyclopedia/l/law,common.html   (2217 words)

  
 Jus [Ius] (definition of Roman Law)   (Site not responding. Last check: 2007-11-06)
Jus Civile is opposed to the Jus Praetorium or Honorarium [EDICTUM]; and the opposition consists in the opposition of the means or form by which the two severally obtained an existence; whereas the opposition of Jus Civile and Gentium is founded on the internal character of the two kinds, and the extent of their application.
All Jus is in a sense Publicum, and all Jus is in a sense Privatum; but the Roman Publicum Jus directly concerned the constitution of the state and the functions of the government and administration; the Privatum Jus directly concerned the interests of individuals.
Jus is opposed to Judicium, and a thing was said to be done in jure or in judicio, according as it was done before the magistratus or before a judex.
www.ancientsites.com /aw/Post/164934   (3446 words)

  
 CANON - LoveToKnow Article on CANON
Canon law, jus canonicum, is the sum of the laws which regulate the ecclesiastical body; for this reason it is also called ecclesiastical law, jus ecclesiasticusn.
Canon law is divided into public law and private law; the former is concerned with the constitution of the Church, and, Divisions, consequently, with the relations between her and other bodies, religious and civil; the latter has as its object the internal discipline of the ecclesiastical body and its members.
On the existence of this jus commune ecclesiasticum and that the Church of England, in whatever sense independent, takes it over until she repeals it, see Escott v.
www.1911encyclopedia.org /C/CA/CANON.htm   (13321 words)

  
 Learn more about Common law in the online encyclopedia.   (Site not responding. Last check: 2007-11-06)
Before the institutional stability imposed on England by William the Conqueror in 1066, English citizens were governed by unwritten local customs that varied from community to community and were enforced in often arbitrary fashion.
For example, courts generally consisted of informal public assemblies that weighed conflicting claims in a case and, if unable to reach a decision, might require an accused to test guilt or innocence by carrying a red-hot iron or snatching a stone from a caldron of boiling water or some other "test" of veracity.
The reason for the enactment of the codes in California in the nineteenth century was to replace a pre-existing system based on Spanish civil law with a system based on common law, similar to that in most other states.
www.onlineencyclopedia.org /c/co/common_law.html   (1802 words)

  
 Harmonization of Federal Legislation with the Civil Law of the Province of Quebec - Booklet 3   (Site not responding. Last check: 2007-11-06)
It is the jus commune of Quebec, and thus the foundation of the other statutes dealing with matters that it relates to and, in this respect, it must be interpreted broadly so as to favour its spirit over its letter and enable its purposes to be achieved.
Victoria (City) the Court established the principle that railway companies would be bound by the rules governing the jus commune in question of the jurisdiction in the matter of accidents that raised issues of their liability.
As the civil law is the jus commune of Quebec, certain public law provisions enacted by the civil code form a barrier to the freedom of contract that is generally the rule in the common law tradition.
canada.justice.gc.ca /en/dept/pub/hfl/fasc3/fascicule_3d.html   (8668 words)

  
 Private Law Paradigm of European Integration
Community legislation draws its legitimacy from that partial surrender of national sovereignty enshrined in the founding Treaty.
The goal of levelling the playing field of competition, with which the Community was entrusted by the Treaty itself, was also to reinforce the functional connection between EC harmonization and private law.
The jus commune, uniformly taught in Latin in the universities of the Continent as well as at Oxford and Cambridge, consisted of Justinian's restatement of Roman Law--the Corpus Juris Civilis--as polished, annotated, modernized and eventually brought to internal consistency by several generations of mediaeval scholars.
www.jeanmonnetprogram.org /papers/96/9609ind.html   (11376 words)

  
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Rome -> Medieval Rome The history of Rome in the Middle Ages, bewildering in its detail, is essentially that of two institutions, the papacy and the commune of Rome.
France -> History Ancient Gaul to Feudalism Some of the earliest anthropological and archaeological remains in Europe have been found in France, yet little is known of France before the Roman conquest (1st cent.
Situated in a market-gardening region, Dakar is Senegal's largest city and its administrative, communications, and economic center.
www.encyclopedia.com /search.asp?target=Jus+commune&rc=10&fh=18&fr=11   (504 words)

  
 [No title]   (Site not responding. Last check: 2007-11-06)
However, the fact that the jus commune is supplementary in nature does not mean that the legislature cannot give a specific provision of the Civil Code of Québec precedence over special Acts applicable to municipalities, provided that it expresses a sufficiently clear and precise intention to that effect.
He added that art. 300 C.C.Q. provides that the Civil Code, as the jus commune, applies on a supplementary basis to legal persons established in the public interest, which means that art. 2930 C.C.Q., a mandatory provision of public order, is applicable to municipalities.
However, as I noted in analysing art. 300 C.C.Q., the fact that the jus commune is supplementary in nature does not mean that the legislature cannot give a specific provision of the Civil Code precedence over special Acts applicable to municipalities, provided that it expresses a sufficiently clear and precise intention to that effect (para. 18).
www.lexum.umontreal.ca /csc-scc/en/pub/1997/vol2/texte/1997scr2_0862.txt   (6175 words)

  
 ninemsn Encarta - Print Preview - Civil Law
Together they formed a body of written transnational law (known as jus commune) preserved by academic legal scholarship, with which lawyers and judges throughout continental Europe were familiar.
During the 17th and 18th centuries the authority of the Corpus Juris began to decline as its rules were re-examined in the light of reason.
In their substance, the codes differed from one nation to another, thus marking a shift from the transnational jus commune to separate national legal systems.
au.encarta.msn.com /text_761565815___2/Civil_Law.html   (630 words)

  
 Jus Feudale tribus libris comprehensum... 1716. - CRAIG, SIR THOMAS   (Site not responding. Last check: 2007-11-06)
Quod, Praeter Jus Commune Longobardicum, Feudales Angliae Scotiaeque Consuetudines Complectitur; Opus in Germania Dudm Desideratum.
Jus Feudale, in marked contrast with the compilations which preceded it, is an original work.
The Jus Feudale is not a mere textbook of the law of land rights, but is a learned disquisition upon a great social system.
www.antiqbook.com /boox/law/25229.shtml   (210 words)

  
 CATHOLIC ENCYCLOPEDIA: Bishop
Loning attempts to prove that originally there were several different organizations, that some Christian communities were administered by a body of presbyters, others by a college of bishops, others again by a single bishop.
The primitive Christian communities were administered by a college of presbyters; those of the presbyters administered the finances were called bishops.
This does not mean that the episcopate, in the actual sense of the term, may have been plural, because in each church the college or presbyter-bishops did not exercise an independent supreme power; it was subject to the Apostles or to their delegates.
www.newadvent.org /cathen/02581b.htm   (8593 words)

  
 Supreme Court of the United States: Common law
The body of rules and principles governing the affairs of a community and enforced by a political authority; a legal system: international law.
It may also refer to the jus commune or law of the land as in the very confusing phrase, the common law of the civil law systems, meaning those underlying laws that create a distinct legal system and common to all its elements.
History of the common law The common law originally developed under the auspices of the adversarial system in historical England from judicial decisions that were based in tradition, custom, and precedent.
www.morelawinfo.com /US_Supreme_Court/Common_law.shtml   (1569 words)

  
 Magna Carta Commemoration Essays (1917) - McIlwain, Common Law: The Online Library of Liberty   (Site not responding. Last check: 2007-11-06)
For example, it is said to be "encontre la commune ley" for a subject to inflict the death penalty on a criminal.
This law is "common" because it is "jus regni Angliae," enforced and observed "de consensu magnatum et reipublicae communi sponsione".
This evidence of the necessity for the advice of the Commons on matters "pur commune profit" is supplemented by proof of the converse—that matters which were clearly not of this character, which affected particular classes only—needed no ratification by the Commons to make them binding law for those whom they did affect.
oll.libertyfund.org /Texts/Malden0023/MagnaCartaEssays/HTMLs/0058_Pt09_McIlwain.html   (13375 words)

  
 Maxims of Law from Bouvier's 1856 Law Dictionary - The Lawful Path
A forestaller is an oppressor of the poor, and a public enemy to the whole community and the country.
Better is the condition of the possessor and that of the defendant than that of the plaintiff.
The sense of words is to be taken from the occasion of speakign them, and discourses are always to be interpreted according to the subject-mater.
www.lawfulpath.com /ref/bouvier/maxims.shtml   (14831 words)

  
 Italian Legal History
The fragmented social and economic structure of the entire peninsula, combined with determined political and governmental disunity, had produced an additional mass of legislation, unfocused and disparate, that was constantly in process of promulgation and development by a number of entities.
Next higher are the pretori, with jurisdiction over several communes; there are over 900 of these professional magistrates with jurisdiction limited by the amount involved (up to L. 5,000,000) or the type of action (possessory, labor, social security, certain remedies).
I believed that the only practical remedy to this non-implementation of Community directives was to oblige the government to address the problem by means of an annual omnibus bill.
faculty.cua.edu /pennington/KrakowLectures/Law508/ItalianLegalHistory.htm   (4654 words)

  
 Encyclopedia: Roman law
An example of this is the law about wills written by people in the military during a campaign, which are exempt of the solemnities generally required for citizens when writing wills in normal circumstances.
This Ius Commune and the legal systems based on it are usually refered to as civil law in English-speaking countries.
As steps towards a unification of the private law in the member states of the European Union are being taken, the old Ius Commune, which was the common basis of legal practice everywhere, but allowed for many local variants, is seen by many as a model.
www.nationmaster.com /encyclopedia/Roman-law   (5576 words)

  
 Jus commune - Encyclopedia, History, Geography and Biography   (Site not responding. Last check: 2007-11-06)
Jus commune - Encyclopedia, History, Geography and Biography
This page was last modified 20:19, 3 May 2005.
This encyclopedia, history, geography and biography article about Jus commune contains research on
www.arikah.com /encyclopedia/Jus_commune   (121 words)

  
 Read about Jus commune at WorldVillage Encyclopedia. Research Jus commune and learn about Jus commune here!   (Site not responding. Last check: 2007-11-06)
Research Jus commune and learn about Jus commune here!
Jus commune or ius commune is Latin for
It is often used by civil law jurists to refer to those aspects of the civil law system's invariate legal principles, sometimes called the law of the land in
encyclopedia.worldvillage.com /s/b/Jus_commune   (107 words)

  
 Untitled Document
Such being the case, it is not surprising to find, from a wide survey of judicial precedents, that the dominant technical meaning of the term is, similarly, negation of legal duty.
There are two very common examples of this, relating respectively to "privileged communications" in the law of libel and to "privileges against self-crimination" in the law of evidence.
The exemption of the property of the company from taxation, and the exemption of its officers and servants from jury and military duty, were both intended for the benefit of the company, and its benefit alone.
www.hku.hk /philodep/courses/law/HohfeldRights.htm   (6540 words)

  
 commune - OneLook Dictionary Search
Commune, commune, commune : Encarta® World English Dictionary, North American Edition [home, info]
Phrases that include commune: commune of paris, self commune, paris commune, integumentum commune, jus commune, more...
Words similar to commune: communed, communicate, communing, more...
www.onelook.com /?w=commune&ls=a   (260 words)

  
 Calvin's Case
Calvin's Case led to what is today known in international law as the jus soli, the rule under which nationality is acquired by the mere fact of birth within the territory of a state.
n302 The jus feudale, or "feudal law," was taught as part of the jus commune in the universities of Europe from the eleventh to sixteenth centuries.
The surprising point, then, is that the rule of the jus soli established by Calvin's Case was adopted and continued in the early history of the United States, at a time when, politically, no one intended to accord equal citizenship rights solely on the basis of birth within the territory.
www.geocities.com /b_rookard/calvins_case.html   (18318 words)

  
 Phantom Menace or New Hope C Member State Public Tort Liability after the Double-Bladed Light Saber Duel between the ...   (Site not responding. Last check: 2007-11-06)
The Court noted the absence of relevant Community provisions and emphasized that criteria established by the domestic legal systems of the Member States were subject to limitations, which the Court had established for the modalities of pursuing Member State liability claims.
According to the ECJ, Community law barred national proceedings under national law from imposing conditions that, when compared to domestic government liability actions, were less favorable and excessively burdensome.
Hence, the requirement of a direct causal connection between the infringement of Community law and damage to the injured party was not satisfied.
law.vanderbilt.edu /journal/33-02/33-2-2.html   (5134 words)

  
 Bill S-22: Federal Law-Civil Law Harmonization Act, No. 1 (LS-372E)   (Site not responding. Last check: 2007-11-06)
There is, therefore, a complementary relationship between federal legislation and the jus commune of the provinces.
In Quebec, the civil law –; the jus commune governing private law – supplements federal legislation in the same way as the common law does in the other provinces.
The C.C.Q. is a central expression of the jus commune in Quebec.
www.parl.gc.ca /common/Bills_ls.asp?lang=E&Parl=36&Ses=2&ls=S22&source=Bills_Senate_Government   (6425 words)

  
 Austrian legal history
The predominant Germanic codifications, tribal codes and collections—Visigothic and Burgundian—had existed side by side with the surviving Roman law for two centuries; the ones applied in the eastern Germanic areas were the Alamannic code of the early 7th century and the closely related Bavarian code of a hundred years later.
The myriad of governing legal sources eventually gave way to the “received” Roman law—rediscovered and refined in northern Italy during the 12th and 13th centuries and accepted and applied as the new jus commune in Austria in the 15th century.
As much as possible, for its time the ABGB was a successful molding of the local Germanic-inspired jus commune of Roman law and the liberal approach of the natural lawyers.
faculty.cua.edu /Pennington/KrakowLectures/Law508/AustrianLegalHistory.htm   (1153 words)

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