Abrogare

l, Abrogate.

In the civil law. To annul; to repeal; to take away. Applied to the repeal of laws. The English word is applied also to the abolishment of a custom by the establishment of a different one. Abrogatur legi cum prorsus tollitur: a law is abrogated when it is entirely taken away.

Lat. [from ab, from, off, or away, and rogare, to propose or pass.] In the civil law. To take away, annul or repeal; to abrogate. Rogare legem, among the Romans, signified to propose a law, (literally, to ask for a law, in modern phrase, to bring in a bill;) and also to adopt a law proposed; to pass or make it. See Rogare. Abrogare legem, or legi, signified the reverse of this, viz. to annul a law; to undo what had been done in passing it; to repeal it. Abrogatur legi cum prorsus tollitur; a law is abrogated when it is entirely taken away. Dig. 50. 16. 102. Leges posteriores priori contrarias abrogant. Later laws abrogate former ones that are contrary to them. Cro. Jac. 121. 11 Co. 62 b. Where two laws are contrary to, or in conflict with each other, that which was last made is always understood as abrogating the other. From abrogare has been formed the English abrogate, but no corresponding word has been framed from the simple rogare. In the Roman law, various other words compounded of rogare were in use; as derogare, subrogare, obrogare. (qq. v.)