Jus in United Kingdom

Meaning of Jus (Latin Term)

The following is an old definition of Jus (latin term) [1]: Kight; law, in the abstract; justice; jurisprudence. Plural, jura. Other forms are jure, juris. See below. Lex is law in the concrete sense. See Equity. Alieni juris. See Sui juris. Apex juris. A subtlety of the law; a legal nicety. A doctrine carried to an extreme of refinement. Apices juris non sunt jura. Subtleties of the law are not (do not define) rights – law or equity. Jus acereseendi. Right of survivorship. See Survive. Jus ad rem. Right of a thing. Jus in re. Right in a thing. Denote, the first, a right without possession- – an inchoate right, an incomplete title; the second, a right with possession – a perfected title. A lien with possession is a jus in re; a lien resting in a contract, a jus ad rem. In civil law, a jus ad rem obtains mediately and from relation to a particular person; a jus in re, immediately and absolutely, and is the same as against all persons. See Res. Jus dare. To make the law. Jus dicere. To say what the law is; to apply the law. Jus dicere, non dare. To declare, not to make, the law. The duty of a judge is to apply the law as made, not to legislate. The courts administer the law as they find it; they are not to make or modify it. Hence, considerations as to expediency are to be addressed to the law-making body. See Hardship.Jus dispondendi. The right to part with a thing, – to give property away as the owner pleases. See Will. Jus et norma. See Usus, Norma, etc. Jus flduciarum. See Use. Jus gentium. The law of all nations; the law which natural reason establishes among all races of men; also, international law. Jus mariti. The right of the husband – in the wife’s movable property. See Jure uxoris. Jus personarum. Rights of persons. Jus rerum. Right of things. See Jura, Jus possessionis. Right of possession. Jus postlimini. The right of reprisal,- postliminy, g. v. Jus precarium. See Use. Jus privatum. Private right: law regulating the affairs of individuals. Juris privati. Of private right. Jus puWieimi. Public right: law regulating affairs of the state. Juris publici. Of public right. When private property is ” affected with a public interest, it ceases to be jiirisprivctii” (Hale, Ld.C.J.). Property becomes clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. In such cases the owner in effect grants to’ the public an interest in the use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. Jus proprietatis. Right of property: proprietorship. Jus representationis. The right of representation, or of being represented, by another. Jus seriptum. Written law; statute law. Compare Lex, Scripta. Jus tertii. Right in a third person. Thus, a tenant may plead a, new attornment; a bailee may show that his bailor has parted with his right. Jura personarum. Rights of persons. Jura rerum. Rights in things. The rights which concern or are annexed to the persons of men; and such rights as a man may acquire over external objects. Jura summa Imperii. Supreme rights of dominion. Jure alluvionis. By right of alluvion. See Alluvio. Jure divino. By Divine right or law. Jure humano. By human law. Jure naturse. By the law of nature. Jureuxoris. The right of the wife. See Jus mariti. Juris et de jure. Of right and by right – by law. Applied to an irrebutable presumption; as, that a man at Rome cannot be at London the same day. Opposed, a presumption juris. See Presumption. Juris privati. See Jus privatum. Strietum jus. Severe right or law; law in its rigor as opposed to equity. Siricti juris. Of strict right. Strictissimi juris. Of the strictest right. Subject to the strictest construction, the most rigorous application, of law. Applied to a license or a grant highly advantageous to the receiver; to maritime liens (see, in this resource, the term) which are not extended by construction, analogy, or inference; to a claim against a. surety (see, in this resource, the term), whose obligations are never increased by presumptions and equities. Sui juris. Of one’s own right; of capacity to act for one’s self. Opposed, non sui juris: not of one’s own right; and, alieni juris: of the right of another – under another’s control. What one sui juris may himself do, he may delegate to another to do for him. Sui juris cannot be accurately used to denote the possession of any degree of physical or mental power. Roman citizens were either sut juris (men of their own right), acting for themselves independently of family control, or alieni juris (subject to another’s right), subject to the control of one who stood as the head of the family. Both enjoyed alike the rights of freemen.

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Notes and References

1. Concept of Jus (latin term) provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

English Law: Jus in the Past

Law or right. This term is applied in many modern phrases. It is also used to signify equity. Story, Eq. Jur. 1; Bract, lib. 1, c. 4, p. 3; Tayl. Civ. Law, 147; Dig. 1, 1, 1.

Developments

The English law, like the Roman, has its jus antiquum and jus novum and jus novissimum. The jus novum may be supposed to have taken its origin about the end of the reign of Henry VII. A. D. 1509. It assumed a regular form towards the end of the reign of Charles II. A. D. 1685 and from that period the jus novissimum may be dated. Lord Coke, who was born 40 years after the death of Henry VII. is most advantageously considered as the connecting link of the jus antiquum and jus novissimum of English law. Butler’s Remin. [1][rtbs name=”history-of-english-law”]

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Notes and References

1. Partialy, this information about jus is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including jus.

See Also