Jus civile

Defined in 3 dictionaries — Ballentine's (1916), Black's (1910), Black's (1891)

Ballentine's Law Dictionary

James A. Ballentine · 1916

The civil law.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Civil law. The system of law peculiar to one state or pcople. Inst 1, 2, 1. Particularly, in Roman law, the dvfl law of the Roman pcople, as distinguished from the jus gentium. The term is alsi' applied to the body of law called, emphatto? ally, the "civil law." The jus civile and the jus gentium are distinguished in this way. A11 people ruled by sta& utes and customs use a law partly peculiar te themselves, partly common to all men. Tks law each people has settled for itself is peculiar to the state itself, and is called "jus civile," as being peculiar to that very state. The law, again, that natural reason has settled among ali men,—the law that is guarded among all peoples quite alike,—is calied the "jus gentium," and all nations use it as if law. The Roman people, therefore, use a law that is partly peculiar to itself, partly common to ali men. Hunter, Rom. Law, 38. But this is not the only, or even the general, use of the words. What the Roman jurists had chiefly in view, when they spoke of "jus civile," was not local as opposed to cosmopolitan law, but the old law of the city as contrasted with the newer law introduced by the prætor, (jus praetortum, jus honorarium.)' Largely, no doubt, the jus gentium corresponds with the jus praetorium; but the correspondence is not perfect. Id. 39. Jus civile est quod sihi populus constituit. The civll law is what a people establishes for itself. Inst. 1, 2, 1; Jackson v. Jackson, 1 Johns. (N. Y.) 424, 426.

A Dictionary of Law

Henry Campbell Black · 1891

Civil law. The system of law peculiar to one state or people. Inst, 1, 2, 1. Particularly, in Roman law, the civil law of the Reman people, as distinguished from the jus gentium. The term is also applied to the body of law called, emphatically, the “eivil law.” The jus civile and the jus gentiwm are distinguished in this way, Al people ruled by statutes and customs use a law partly peculiar to themselves, partly common to ali men, The law each people has settled for itself is peculiar to the state itself, and is called “juscivile,”as being peculiar to that very state. The law, again, that natural reason has settled among all men,—tha law that is guarded among all peoples quite alike,—is called the “jus gentium, ” and all nations use itas if law. The Roman people, therefore, use a law that is partly peculiar to itself, partly common to all men. Hunter, Rom. Law, 33. But this is not the only, or even the general, use ofthe words. What the Roman jurists had chiefly in view, when they spoke of “jus civile,” was not local as opposed to cosmopolitan law, but the old law of the city as contrasted with the newer law introduced by the pretor, (jus pretorium, jus honorarium.) Largely, no doubt, the jus The civil law is what a people esthes for itself. Inst. 1, 2,1; 1 Jolns, [US CIVITATUS. The right of citizen- -the freaiom of the city of Rome.: It {fers from jus quiritiwm, which comprehended all the privileges of a free native of The difference is much the same as between “denization” and “naturalization” with us, Wharton.