Iudex non calculat is a maxim, [1] principle, [2] axiom, [3] dictum, [4] adage, [5] proverb, [6] or slogan [7] 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. [8] [9]
Jokingly, it is often used to mean "judges (or jurists) are unable to do the math", often by jurists themselves. [10] [11]
A fatwā is a legal ruling on a point of Islamic law (sharia) given by a qualified Faqih in response to a question posed by a private individual, judge or government. A jurist issuing fatwas is called a mufti, and the act of issuing fatwas is called iftāʾ. Fatwas have played an important role throughout Islamic history, taking on new forms in the modern era.
Jurisprudence is the philosophy and theory of law. It is concerned primarily with what the law is and what it ought to be. That includes questions of how persons and social relations are understood in legal terms, and of the values in and of law. Work that is counted as jurisprudence is mostly philosophical, but it includes work that also belongs to other disciplines, such as sociology, history, politics and economics.
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables, to the Corpus Juris Civilis ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law.
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, Bishop of Worms, Germany, who compiled 20 volumes of Ecclesiastical Rules, although some sources disagree.
Latin is a heavily inflected language with largely free word order. Nouns are inflected for number and case; pronouns and adjectives are inflected for number, case, and gender; and verbs are inflected for person, number, tense, aspect, voice, and mood. The inflections are often changes in the ending of a word, but can be more complicated, especially with verbs.
Georg Fabricius was a Protestant German poet, historian and archaeologist who wrote in Latin during the German Renaissance.
Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Laws concerning relationships between individuals belong to private law.
Latino sine flexione, Interlingua de Academia pro Interlingua or Peano's Interlingua is an international auxiliary language compiled by the Academia pro Interlingua under the chairmanship of the Italian mathematician Giuseppe Peano (1858–1932) from 1887 until 1914. It is a simplified version of Latin, and retains its vocabulary. Interlingua-IL was published in the journal Revue de Mathématiques in an article of 1903 entitled De Latino Sine Flexione, Lingua Auxiliare Internationale, which explained the reason for its creation. The article argued that other auxiliary languages were unnecessary, since Latin was already established as the world's international language. The article was written in classical Latin, but it gradually dropped its inflections until there were none.
Accursius was an Italian jurist. He is notable for his organization of the glosses, the medieval comments on Justinian's codification of Roman law, the Corpus Juris Civilis. He was not proficient in the classics, but he was called "the Idol of the Jurisconsults".
Rechtsstaat is a doctrine in continental European legal thinking, originating in Dutch and German jurisprudence. It can be translated into English as "rule of law", alternatively "legal state", state of law, "state of justice", or "state based on justice and integrity".
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".
Hugues Doneau, commonly referred also by the Latin form Hugo Donellus, was a French law professor and one of the leading representatives of French legal humanism.
The Battle on the Raxa river was fought on 16 October 955 over control of the Billung march between the forces of Otto I of Germany allied with the Rani tribe on one side, and the Obotrite federation under Nako and his brother Stoigniew with their allied and tributary Slav neighbours on the other. The Raxa river is identified with either the Recknitz or the Elde river. The German victory over the Slavs followed up on the August victory at the Lechfeld over the Magyars and marked the high point of Otto's reign.
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.
Lex animata is a Latin term for the law being embodied in a living entity, usually the sovereign by the grace of God. In that sense a king could be lex animata, a living, breathing law. The equivalent Greek term, used in the Byzantine Empire, is νόμος ἔμψυχος, nómos émpsychos.
The Shafi'i school, or Madhhab al-Shāfiʿī, is one of the four major traditional schools of religious law (madhhab) in the Sunnī branch of Islam. It was founded by Muslim theologian Muḥammad ibn Idrīs al-Shāfiʿī, "the father of Muslim jurisprudence", in the early 9th century.
The Battle of Mollerussa took place in the south of the county of Urgell on 11 or 14 September 1102. In the battle, Count Ermengol V was defeated and killed by an Almoravid army. Mollerussa lies halfway between Bellpuig and Lleida and is the largest town in the Pla d'Urgell.
"In taberna quando sumus" is a medieval Latin Goliardic poem, part of the collection known as the Carmina Burana, written between the 12th and early 13th centuries. It was set to music in 1935/36 by German composer Carl Orff as part of his Carmina Burana which premiered at Frankfurt Opera on 8 June 1937. Within Orff's Carmina Burana, this drinking song is the 14th movement in section 2, In Taberna. The poem is largely in trochaic tetrameter.
The principle of legality in criminal law was developed in the eighteenth century by the Italian criminal lawyer Cesare Beccaria and holds that no one can be convicted of a crime without a previously published legal text which clearly describes the crime. This principle is accepted and codified in modern democratic states as a basic requirement of the rule of law. It has been described as "one of the most 'widely held value-judgement[s] in the entire history of human thought ' ".
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.
1. Item si calculi error in sententia esse dicatur, appellare necesse non est: veluti si iudex ita pronuntiaverit: "Cum constet Titium Seio ex illa specie quinquaginta, item ex illa specie viginti quinque debere, idcirco Lucium Titium Seio centum condemno": nam quoniam error computationis est, nec appellare necesse est et citra provocationem corrigitur. Sed et si huius quaestionis iudex sententiam centum confirmaverit, si quidem ideo, quod quinquaginta et viginti quinque fieri centum putaverit, adhuc idem error computationis est nec appellare necesse est: si vero ideo, quoniam et alias species viginti quinque fuisse dixerit, appellationi locus est.