Lex scripta pl. leges scriptae is a Latin expression that means "written or statutory law". It is in contrast to lex non scripta , customary or common law. The term originates from the Roman legal tradition. Emperor Justinian divides the lex scripta into several categories:
Lex scripta has a lasting effect that can define a legal tradition for a culture such as that found in the Corpus Juris Civilis , Magna Carta, Tang Code, or a country's constitution.
The Burgundians were an early Germanic tribe or group of tribes. They appeared in the middle Rhine region, near the Roman Empire, and were later moved into the empire, in the western Alps and eastern Gaul. They were possibly mentioned much earlier in the time of the Roman Empire as living in part of the region of Germania that is now part of Poland.
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.
The Corpus JurisCivilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred to metonymically after one of its parts, the Code of Justinian.
A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome. The word is a variant of the Latinized name of Burchard of Worms, Bishop of Worms, Germany, who compiled 20 volumes of Ecclesiastical Rules.
Various lists regarding the political institutions of ancient Rome are presented. Each entry in a list is a link to a separate article. Categories included are: constitutions (5), laws (5), and legislatures (7); state offices (28) and office holders ; political factions and social ranks (8). A political glossary (35) of similar construction follows.
Citizenship in ancient Rome was a privileged political and legal status afforded to free individuals with respect to laws, property, and governance.
The Codex Theodosianus was a compilation of the laws of the Roman Empire under the Christian emperors since 312. A commission was established by Emperor Theodosius II and his co-emperor Valentinian III on 26 March 429 and the compilation was published by a constitution of 15 February 438. It went into force in the eastern and western parts of the empire on 1 January 439. The original text of the codex is also found in the Breviary of Alaric, promulgated on 2 February 506.
Lex loci rei sitae, or simply lex situs, is the doctrine that the law governing the transfer of title to property is dependent upon and varies with the location of the property, for the purposes of the conflict of laws. Conflict is the branch of public law regulating all lawsuits involving a "foreign" law element if a difference in result will occur, depending on which laws are applied.
The Codex Euricianus or Code of Euric was a collection of laws governing the Visigoths compiled at the order of Euric, King of the Visigoths, sometime before 480, probably at Toulouse ; it is one of the earliest examples of early Germanic law. The compilation itself was the work of Leo, a Roman lawyer and principal counsellor of the king. The customs of the Visigothic nation were recognised and affirmed. The Code is largely confused and it appears that it was merely a recollection of Gothic custom altered by Roman law.
Latin rights were a set of legal rights that were originally granted to the Latins under Roman law in their original territory and therefore in their colonies. "Latinitas" was commonly used by Roman jurists to denote this status. With the Roman expansion in Italy, many settlements and coloniae outside of Latium had Latin rights.
The lex Hortensia, also sometimes referred to as the Hortensian law, was a law passed in Ancient Rome in 287 BC which made all resolutions passed by the Plebeian Council, known as plebiscita, binding on all citizens. It was passed by the dictator Quintus Hortensius in a compromise to bring the plebeians back from their secession to the Janiculum.
Byzantine law was essentially a continuation of Roman law with increased Orthodox Christian and Hellenistic influence. Most sources define Byzantine law as the Roman legal traditions starting after the reign of Justinian I in the 6th century and ending with the Fall of Constantinople in the 15th century. Although future Byzantine codes and constitutions derived largely from Justinian's Corpus Juris Civilis, their main objective were idealistic and ceremonial rather than practical. Following Hellenistic and Near-Eastern political systems, legislations were tools to idealize and display the sacred role and responsibility of the emperor as the holy monarch chosen by God and the incarnation of law "nómos émpsychos", thus having philosophical and religious pourposes that idealized the perfect Byzantine king.
Lex loci celebrationis is a Latin term for a legal principle in English common law, roughly translated as "the law of the land where the marriage was celebrated". It refers to the validity of the union, independent of the laws of marriage of the countries involved: where the two individuals have legal nationality or citizenship, or where they live. The assumption under the common law is that such a marriage, when lawfully and validly celebrated under the relevant law of the land, is also lawful and valid.
The translation of "law" to other European languages faces several difficulties. In most European languages, as well as some others influenced by European languages, there are two different words that can be translated to English as "law". For the general comparison in this article the Latin terms "ius" and "lex" will be used. Etymologically, ius has some relation to right, just or straight.
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. As an ancient Christian principle it provided a measure for developing the ancient Christian creeds, the canon of scripture, and other doctrinal matters. It is based on the prayer texts of the Church, that is, the Church's liturgy. In the Early Church, there was liturgical tradition before there was a common creed, and before there was an officially sanctioned biblical canon. These liturgical traditions provided the theological framework for establishing the creeds and canon.
The Lex Baiuvariorum was a collection of the tribal laws of the Bavarii of the sixth through eighth centuries. The first compilation was edited by Eberswind, first abbot of Niederaltaich, in 741 or 743. Duke Odilo, founder supplemented the code around 748. It is one of the most well documented bodies of Germanic tribal law.
Lex mercatoria, often referred to as "the Law Merchant" in English, is the body of commercial law used by merchants throughout Europe during the medieval period. It evolved similar to English common law as a system of custom and best practice, which was enforced through a system of merchant courts along the main trade routes. It developed into an integrated body of law that was voluntarily produced, adjudicated and enforced on a voluntary basis, alleviating the friction stemming from the diverse backgrounds and local traditions of the participants. Due to the international background local state law was not always applicable and the merchant law provided a leveled framework to conduct transactions reducing the preliminary of a trusted second party. It emphasized contractual freedom and inalienability of property, while shunning legal technicalities and deciding cases ex aequo et bono. With lex mercatoria professional merchants revitalized the almost nonexistent commercial activities in Europe, which had plummeted after the fall of the Roman Empire.
The Basilika was a collection of laws completed c. 892 AD in Constantinople by order of the Byzantine Emperor Leo VI the Wise during the Macedonian dynasty. This was a continuation of the efforts of his father, Basil I, to simplify and adapt the Emperor Justinian I's Corpus Juris Civilis code of law issued between 529 and 534 which had become outdated. The term "Basilika" comes from Greek: Τὰ Βασιλικά meaning "Imperial Laws" and not from the Emperor Basil's name, which though shares the etymology "imperial".
Lex non scripta is a Latin expression that means "'law not written'" or "'unwritten law'". It is a term that embraces all the laws which do not come under the definition of written law or "lex scripta" and it is composed, principally, of the law of nature, the law of nations, the common law, and customs.
The legal history of the Catholic Church is the history of the oldest continuously functioning legal system in the West, much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus vetus and the jus novum. Eastern canon law developed separately.