Blacks Law - 4th Edition
LAW OF NATURE
JURE NATUR2E LEQUUM EST NEMINEM CUM
ALTERIUS DETRIMENTO ET INJURIA FIERI
LOCUPLETIOREM. By the law of nature it is
not just that any one should be enriched by the
detriment or injury of another. Dig. 50, 17, 206.
JUS NATURALE. The natural law, or law of nature;
law, or legal principles, supposed to be discoverable
by the light of nature or abstract reasoning,
or to be taught by nature to all nations
and men alike; or law supposed to govern men
and peoples in a state of nature, i. e., in advance
of organized governments or enacted laws.
This concept originated with the philosophical jurists of
Rome, and was gradually extended until the phrase came
to denote a supposed basis or substratum common to all
systems of positive law, and hence to be found, in greater
or less purity, in the laws of all nations. And, conversely,
they held that if any rule or principle of law was observed
in common by all peoples with whose systems they were
acquainted, it must be a part of the jus naturale, or
derived from it. Thus the phrases "jus naturale" and "jus
gentium" came to be used interchangeably.
LEGIBUS SUMPTIS DESINENTIBUS, LEGE
NATURE UTENDUM EST. When laws imposed
by the state fail, we must act by the law of nature.
2 Rolle, 298.
LEX EST DICTAMEN RATION'S. Law is the
dictate of reason. Jenk.Cent. p. 117, case 33.
The common law will judge according to the law of nature
and the public good.
ABSOLUTE LAW. The true and proper law of
nature, immutable in the abstract or in principle,
in theory, but not in application; for very often
the object, the reason, situation, and other circumstances,
may vary its exercise and obligation.
1 Steph.Comm. 21 et seq.
ZEQUUM ET BONUM. "The Roman conception
involved in cequum et bonum' or `cequitas' is identical
with what we mean by 'reasonable' or nearly
SO.
"On the whole, the natural justice or 'reason of the
thing' which the common law recognizes and applies does
not appear to differ from the 'law of nature' which the
Romans identified with jus gentium, and the medieval
doctors of the civil and common law boldly adopted as
being divine law revealed through man's natural reason."
Sir F. Pollock, Expans. of C. L. 111, citing [1902] 2 Ch.
661, where jus naturale and cequum et bonum were taken
to have the same meaning.
CIVIL LAW. "Civil Law," "Roman Law" and
"Roman Civil Law" are convertible phrases, meaning
the same system of jurisprudence.
That rule of action which every particular nation,
commonwealth, or city has established peculiarly
for itself; more properly called "municipal"
law, to distinguish it from the "law of nature,"
and from international law. See Bowyer, Mod.
Civil Law, 19; Sevier v. Riley, 189. Cal. 170, 244 P.
323, 325.
That division of municipal law which is occupied
with the exposition and enforcement of civil
rights as distinguished from criminal law.
The system of jurisprudence held and administered in
the Roman empire, particularly as set forth in the compilation
of Justinian and his successors,—comprising the Institutes,
Code, Digest, and Novels, and collectively denominated
the "Corpus Juris Civi/is,"—as distinguished from
the common law of England and the canon law.
The word "civil," as applied to the laws in force in
Louisiana, before the adoption of the Civil Code, is not
used in contradistinction to the word "criminal," but must
be restricted to the Roman law. It is used in contradistinction
to the laws of England and those of the respective
states. Jennison v. Warmack, 5 La. 493.
NATURAL LAW. This expression, "natural law,"
or jus naturale, was largely used in the philosophical
speculations of the Roman jurists of the Antonine
age, and was intended to denote a system of
rules and principles for the guidance of human
conduct which, independently of enacted law or of
the systems peculiar to any one people, might be
discovered by the rational intelligence of man, and
would be found to grow out of and conform to his
nature, meaning by that word his whole mental,
moral, and physical constitution. The point of departure
for this conception was the Stoic doctrine
of a life ordered "according to nature," which in
its turn rested upon the purely supposititious existence,
in primitive times, of a "state of nature;"
that is, a condition of society in which men universally
were governed solely by a rational and
consistent obedience to the needs, impulses, and
promptings of their true nature, such nature being
as yet undefaced by dishonesty, falsehood, or indulgence
of the baser passions. Maine, Anc.Law,
50, et seq.; Jus Naturale.
JURE NATUR2E LEQUUM EST NEMINEM CUM
ALTERIUS DETRIMENTO ET INJURIA FIERI
LOCUPLETIOREM. By the law of nature it is
not just that any one should be enriched by the
detriment or injury of another. Dig. 50, 17, 206.
JUS NATURALE. The natural law, or law of nature;
law, or legal principles, supposed to be discoverable
by the light of nature or abstract reasoning,
or to be taught by nature to all nations
and men alike; or law supposed to govern men
and peoples in a state of nature, i. e., in advance
of organized governments or enacted laws.
This concept originated with the philosophical jurists of
Rome, and was gradually extended until the phrase came
to denote a supposed basis or substratum common to all
systems of positive law, and hence to be found, in greater
or less purity, in the laws of all nations. And, conversely,
they held that if any rule or principle of law was observed
in common by all peoples with whose systems they were
acquainted, it must be a part of the jus naturale, or
derived from it. Thus the phrases "jus naturale" and "jus
gentium" came to be used interchangeably.
LEGIBUS SUMPTIS DESINENTIBUS, LEGE
NATURE UTENDUM EST. When laws imposed
by the state fail, we must act by the law of nature.
2 Rolle, 298.
LEX EST DICTAMEN RATION'S. Law is the
dictate of reason. Jenk.Cent. p. 117, case 33.
The common law will judge according to the law of nature
and the public good.
ABSOLUTE LAW. The true and proper law of
nature, immutable in the abstract or in principle,
in theory, but not in application; for very often
the object, the reason, situation, and other circumstances,
may vary its exercise and obligation.
1 Steph.Comm. 21 et seq.
ZEQUUM ET BONUM. "The Roman conception
involved in cequum et bonum' or `cequitas' is identical
with what we mean by 'reasonable' or nearly
SO.
"On the whole, the natural justice or 'reason of the
thing' which the common law recognizes and applies does
not appear to differ from the 'law of nature' which the
Romans identified with jus gentium, and the medieval
doctors of the civil and common law boldly adopted as
being divine law revealed through man's natural reason."
Sir F. Pollock, Expans. of C. L. 111, citing [1902] 2 Ch.
661, where jus naturale and cequum et bonum were taken
to have the same meaning.
CIVIL LAW. "Civil Law," "Roman Law" and
"Roman Civil Law" are convertible phrases, meaning
the same system of jurisprudence.
That rule of action which every particular nation,
commonwealth, or city has established peculiarly
for itself; more properly called "municipal"
law, to distinguish it from the "law of nature,"
and from international law. See Bowyer, Mod.
Civil Law, 19; Sevier v. Riley, 189. Cal. 170, 244 P.
323, 325.
That division of municipal law which is occupied
with the exposition and enforcement of civil
rights as distinguished from criminal law.
The system of jurisprudence held and administered in
the Roman empire, particularly as set forth in the compilation
of Justinian and his successors,—comprising the Institutes,
Code, Digest, and Novels, and collectively denominated
the "Corpus Juris Civi/is,"—as distinguished from
the common law of England and the canon law.
The word "civil," as applied to the laws in force in
Louisiana, before the adoption of the Civil Code, is not
used in contradistinction to the word "criminal," but must
be restricted to the Roman law. It is used in contradistinction
to the laws of England and those of the respective
states. Jennison v. Warmack, 5 La. 493.
NATURAL LAW. This expression, "natural law,"
or jus naturale, was largely used in the philosophical
speculations of the Roman jurists of the Antonine
age, and was intended to denote a system of
rules and principles for the guidance of human
conduct which, independently of enacted law or of
the systems peculiar to any one people, might be
discovered by the rational intelligence of man, and
would be found to grow out of and conform to his
nature, meaning by that word his whole mental,
moral, and physical constitution. The point of departure
for this conception was the Stoic doctrine
of a life ordered "according to nature," which in
its turn rested upon the purely supposititious existence,
in primitive times, of a "state of nature;"
that is, a condition of society in which men universally
were governed solely by a rational and
consistent obedience to the needs, impulses, and
promptings of their true nature, such nature being
as yet undefaced by dishonesty, falsehood, or indulgence
of the baser passions. Maine, Anc.Law,
50, et seq.; Jus Naturale.
