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A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome.
| | This article needs additional citations for verification .(May 2022) |
A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome.
According to the dictionaries, the word is a variant of the Latinized name of Burchard of Worms (died AD 1025), Bishop of Worms, Germany, who compiled 20 volumes of Ecclesiastical Rules, although some sources disagree. [1] Begun in AD 1008, the materials took Burchard four years to compile. He wrote it while living in a small structure on top of a hill in the forest outside Worms, after his defeat of Duke Otto and while raising his adopted child. The collection, which he called the Collectarium Canonum or Decretum, became a primary source for canon law.
Along with numerous documents from a variety of sources, including the Old Testament and Saint Augustine of Hippo, Burchard included the Canon Episcopi in this collection, under the belief that it dated from an episcopal "Council of Anquira" in AD 314, but no other evidence of this council exists. Because of this inclusion, Burchard has been described as something of a rationalist. As the source of canon law, Burchard's Decretum was supplanted around 1150 by the Decretum Gratiani , a much larger collection that further attempted to reconcile contradictory elements of canon law.
Burchard spent the years 1023 to 1025 promulgating Leges et Statuta Familiae S. Petri Wormatiensis, a collection of religious laws he endorsed as just and hoped to have officially approbated.
Spargo points out that early compilations of brocards sometimes contained miscellaneous trivia in Latin, and a hard association of the term "brocard" with a legal maxim came later. As an example, he quotes a 1521 work published in Toulouse: Latin : Armaria est locus ubi libri reponuntur (a bookcase is a place where the books are returned). [2]
Although the Romans first came to Britain in 55 BC, Roman Law has had negligible influence [3] on English common law. Latin legal phrases are used in English only because Latin was the lingua franca of the Medieval era. Although some of these phrases are in common use in law, such as res ipsa loquitur , novus actus interveniens , talem qualem, [4] de minimis non curat lex , and consensus ad idem , the common law is not premised on the principles of civil law, and their use is being replaced by that of vernacular substitutes. For example, Black's Law Dictionary previously included numerous brocards among its entries.
Although the Romans did not conquer Scotland, Scots Law is a mixed legal system in which "brocards are regarded as part of the common law". [5]
Multiple sources, including the Oxford English Dictionary, derive the term from the name of Bishop Burkhardt, although contemporaneous Medieval Latin spelling was typically Burkhardus. [6] Spargo in 1948 pointed out that Friedrich Carl von Savigny, an 18th century authority on canon law, declared association to be solely due to a similarity in sound, and stated that the origin of the term is "very uncertain". So did the Encyclopédie des sciences ecclésiastiques in 1937. [7]
{{cite book}}: CS1 maint: others (link) citing Jenk. Cent. 290Nulla poena sine lege is a legal formula which, in its narrow interpretation, states that one can only be punished for doing something if a penalty for this behavior is fixed in criminal law. As some laws are unwritten and laws can be interpreted broadly, it does not necessarily mean that an action will not be punished simply because a specific rule against it is not codified.
In publishing and graphic design, Lorem ipsum is a placeholder text commonly used to demonstrate the visual form of a document or a typeface without relying on meaningful content. Lorem ipsum may be used as a placeholder before the final copy is available. It is also used to temporarily replace text in a process called greeking, which allows designers to consider the form of a webpage or publication, without the meaning of the text influencing the design.
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.
Quod may refer to:
Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, prejudice differs from the more common use of the word and so the term has specific technical meanings.
De gustibus non est disputandum, or de gustibus non disputandum est, is a Latin maxim meaning "In matters of taste, there can be no disputes". The phrase is commonly rendered in English as "There is no accounting for taste(s)."
Nemo dat quod non habet, literally meaning "no one can give what they do not have", is a legal rule, sometimes called the nemo dat rule, that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. It is equivalent to the civil (continental) Nemo plus iuris ad alium transferre potest quam ipse habet rule, which means "one cannot transfer to another more rights than they have". The rule usually stays valid even if the purchaser does not know that the seller has no right to claim ownership of the object of the transaction ; however, in many cases, more than one innocent party is involved, making judgment difficult for courts and leading to numerous exceptions to the general rule that aim to give a degree of protection to bona fide purchasers and original owners. The possession of the good of title will be with the original owner.
A bona fide purchaser (BFP) – referred to more completely as a bona fide purchaser for value without notice – is a term used predominantly in common law jurisdictions in the law of real property and personal property to refer to an innocent party who purchases property without notice of any other party's claim to the title of that property. A BFP must purchase for value, meaning that they must pay for the property rather than simply be the beneficiary of a gift. Even when a party fraudulently conveys property to a BFP, that BFP will, depending on the laws of the relevant jurisdiction, take good (valid) title to the property despite the competing claims of the other party. As such, an owner publicly recording their own interests protects themselves from losing those to an indirect buyer, such as a qualifying buyer from a thief, who qualifies as a BFP. Moreover, so-called "race-notice" jurisdictions require the BFP to record to enforce their rights. In any case, parties with a claim to ownership of the property will retain a cause of action against the party who made the fraudulent conveyance.
Delegata potestas non potest delegari is a principle in constitutional and administrative law that means in Latin that "no delegated powers can be further delegated". Alternatively, it can be stated delegatus non potest delegare.
Burchard of Worms was the bishop of the Imperial City of Worms, in the Holy Roman Empire. He was the author of a canon law collection of twenty books known as the Decretum, Decretum Burchardi, or Decretorum libri viginti.
Nemo judex in causa sua is a Latin brocard that translates as "no one is judge in their own case". Originating from Roman law, it was crystallized into a phrase by Edward Coke in the 17th century and is now widely regarded as a fundamental tenet of natural justice and constitutionalism. It states that no one can judge a case in which they have an interest. In some jurisdictions, the principle is strictly enforced to avoid any appearance of bias, even when there is none: as Lord Chief Justice Hewart laid down in Rex v. Sussex Justices, "Justice must not only be done, but must also be seen to be done".
The lex specialis doctrine, also referred to as generalia specialibus non derogant, states that if two laws govern the same factual situation, a law governing a specific subject matter overrides a law governing only general matters. The doctrine, recognized in both legal theory and practice, can apply in both domestic and international law contexts. The name comes from the full statement of the doctrine, a legal maxim in Latin: Lex specialis derogat legi generali.
Publius Juventius Celsus Titus Aufidius Hoenius Severianus — the son of a little-known jurist of the same name, hence also Celsus filius — was, together with Julian, the most influential ancient Roman jurist of the High Classical era.
Ius or Jus in ancient Rome was a right to which a citizen (civis) was entitled by virtue of his citizenship (civitas). The iura were specified by laws, so ius sometimes meant law. As one went to the law courts to sue for one's rights, ius also meant justice and the place where justice was sought.
Argumentum a fortiori is a form of argumentation that draws upon existing confidence in a proposition to argue in favor of a second proposition that is held to be implicit in, and even more certain than, the first.
Contra principia negantem non est disputandum is a principle of logic and law: in order to debate reasonably about a disagreement, there must be agreement about the principles or facts by which to judge the arguments.
Bruton v London and Quadrant Housing Trust[1999] UKHL 26 is an English land law case that examined the rights of a 'tenant' in a situation where the 'landlord', a charitable housing association had no authority to grant a tenancy, but in which the 'tenant' sought to enforce the duty to repair on the association implied under landlord and tenant statutes. The effect of the case is to create the relationship of de facto landlord and tenant between the parties.
Iudex non calculat is a maxim, principle, axiom, dictum, adage, proverb, or slogan that loosely translates as "The judge does not calculate". It originates from the Roman legal concept that obvious calculation errors in a court decision are not harmful to the decision itself and can be corrected at any time. Figuratively it also describes the concept that a judge does not "add up" the number of arguments but instead bases his or her decision on the strength of those arguments. The phrase originates as a shortening of the Roman legal concept expressed in Digests 49.8.1.1.
Ius civile vigilantibus scriptum est is a Latin legal phrase that translates to "civil law is written for the vigilant". It can be traced back to the Roman jurist Quintus Cervidius Scaevola and is to this day referred to in different legal systems and contexts. Many variations of the brocard are known all connoting similar but slightly different concepts.
The dictionary definition of brocard at Wiktionary