Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law.
Samuel Freiherr von Pufendorf was a German jurist, political philosopher, economist and historian. He was born Samuel Pufendorf and ennobled in 1694; he was made a baron by Charles XI of Sweden a few months before his death at age 62. Among his achievements are his commentaries and revisions of the natural law theories of Thomas Hobbes and Hugo Grotius.
Publilius Syrus, was a Latin writer, best known for his sententiae. He was a Syrian from Antioch who was brought as a slave to Roman Italy. Syrus was brought to Rome on the same ship that brought a certain Manilius, astronomer - not the famous Manilius of the 1st century AD, and Staberius Eros the grammarian. By his wit and talent, Syrus won the favour of his master, who granted him manumission and educated him. He became a member of the Publilia gens. Publilius' name, due to the palatalization of 'l' between two 'i's in the Early Middle Ages, is often presented by manuscripts in corrupt form as 'Publius', Publius being a very common Roman praenomen.
The Dukedom of Chandos was a title in the Peerage of Great Britain. The Chandos peerage was first created as a barony by Edward III in 1337; its second creation in 1554 was due to the Brydges family's service to Mary I during Wyatt's rebellion, when she also gave them Sudeley Castle. The 9th Baron of the second creation was elevated to the dukedom in 1719, but after his grandson's death without male heirs, his titles all became extinct.
Sir Samuel Egerton Brydges, 1st Baronet was an English bibliographer and genealogist. He was also Member of Parliament for Maidstone from 1812 to 1818.
The carucate or carrucate was a medieval unit of land area approximating the land a plough team of eight oxen could till in a single annual season. It was known by different regional names and fell under different forms of tax assessment.
The law of majestas, or lex maiestatis, encompasses several ancient Roman laws throughout the Republican and Imperial periods dealing with crimes against the Roman people, state, or Emperor.
A writ of attaint is an obsolete writ in English law, issued to inquire whether a jury had given a false verdict in a trial.
Francisco Quaresmio or Quaresmi, better known by his Latin name Franciscus Quaresmius, was an Italian writer and Orientalist.
The term aratrum terræ, in ancient law books, meant as much land as can be tilled with one plough—Hoc manerium est 30 aratrorum.
Lex orandi, lex credendi, sometimes expanded as Lex orandi, lex credendi, lex vivendi, is a motto in Christian tradition, which means that prayer and belief are integral to each other and that liturgy is not distinct from theology. It refers to the relationship between worship and belief. Its simplistic applicability as a self-standing principle independent of hope and charity was bluntly denied by Pope Pius XII, who positioned liturgy as providing theological evidence not authority.
Julius Paulus, often simply referred to as Paul in English, was one of the most influential and distinguished Roman jurists. He was also a praetorian prefect under the Roman Emperor Alexander Severus.
Ex aequo et bono is a Latin phrase that is used as a legal term of art. In the context of arbitration, it refers to the power of arbitrators to dispense with consideration of the law but consider solely what they consider to be fair and equitable in the case at hand. However, a decision ex aequo et bono is distinguished from a decision on the basis of equity, "Whereas an authorisation to decide a question ex aequo et bono is an authorisation to decide without deference to the rules of law, an authorisation to decide on a basis of equity does not dispense the judge from giving a decision based upon law, even though the law be modified".
The phrase law of the land is a legal term, equivalent to the Latin lex terrae, or legem terrae in the accusative case. It refers to all of the laws in force within a country or region, including statute law and case-made law.
Iura novit curia is a Latin legal maxim expressing the principle that "the court knows the law", i.e., that the parties to a legal dispute do not need to plead or prove the law that applies to their case. The maxim is sometimes quoted as jura novit curia, iura noscit curia, curia iura novit, curia novit legem or variants thereof.
In Legal Latin, the phrase praeter legem "refers to an item that is not regulated by law and therefore is not illegal". It is thus distinct from the phrase contra legem, which refers to something that is directly against the law and therefore illegal or in conflict with statutes or other written regulation without being illegal or invalid, and it may also be compared to intra legem, "within the law" (legal).
The Brydges, later Egerton-Barrett-Brydges Baronetcy, of Denton Court in the County of Kent, was a title in the Baronetage of the United Kingdom. It was created on 27 May 1815 for the bibliographer, genealogist and politician Samuel Egerton Brydges. He claimed the barony of Chandos, initially on behalf of his older brother Reverend Edward Tymewell Brydges and then on his own behalf. The House of Lords rejected the claim in 1803, but Brydges nevertheless continued to style himself per legem terraeBaron Chandos of Sudeley. He was succeeded by his son, John, the second Baronet, who assumed the additional surname of Egerton and Barrett. The title became extinct on the latter's death in 1863.
Johannes von Goch was a German Augustinian friar, thought by some to be a precursor of the Reformation, because of his views on scripture, justification and monasticism.
In the canon law of the Catholic Church, custom is the repeated and constant performance of certain acts for a defined period of time, which, with the approval of the competent legislator, thereby acquire the force of law. A custom is an unwritten law introduced by the continuous acts of the faithful with the consent of the legitimate legislator. Historically, some ritual and regulatory customs would be recorded in texts known as customaries for use both within particular cathedrals and religious orders or for dissemination among associated ecclesial communities.
An appeal to the law is an informal fallacy in which someone tries to encourage or defend an action based on its legality, or condemn it as morally reprehensible, purely because it is illegal. This line of reasoning is faulty because although the law of the land is important, it does not necessarily match up with the morality or sensibility of an action. In reality, many statutorily forbidden acts are malum prohibitum rather than malum in se.
This article incorporates text from a publication now in the public domain : Chambers, Ephraim, ed. (1728). "Amittere legem terrae". Cyclopædia, or an Universal Dictionary of Arts and Sciences (1st ed.). James and John Knapton, et al.